Appeal 32367

Appeal Summary

Status: Decision Rendered

Appeal ID: 32367

Submission Date: 6/24/24 7:12 PM

Hearing Date: 7/3/24

Case #: M-001

Appeal Type: Mechanical

Project Type: commercial

Building/Business Name: Cirque du Soleil

Appeal Involves: Erection of a new structure

Proposed use: Catering kitchen for theatrical circus

Project Address: 2060 N. Marine Dr

Appellant Name: Kary Cousineau

LUR or Permit Application #: Permit 23-110110-CO

Stories: 1 Occupancy: A-2 Construction Type: 11-B

Fire Sprinklers: No

Plans Examiner/Inspector: Ali Sohieli

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

2022 OMSC 506.3.13.3

Requires

side discharge type 1 exhaust system shall be minimum 10' above ground.

Code Modification or Alternate Requested

The height of the type 1 exhaust system is 9 feet above ground. The exhaust system is part of a pre-fab commercial container portable kitchen unit, it is a temporary building and can not be modified for it's intended use.

Proposed Design

Reconsideration Text:
The height of the type 1 exhaust system is 9 feet above ground. The exhaust system is part of a pre-fab commercial container portable kitchen unit, it is a temporary building and can not be modified for it's intended use/

Reason for alternative

The building is temporary and is a pre-fabricated unit which can not be modified. The type 1 exhaust is protected by a fenced off area, so there is no danger to passers by. The height of the hood does not affect energy capacity life safety or fire protection due to the small difference in height requirement (1 foot).

Appeal Decision

Allow Type I Hood exhaust in temporary, pre-fabricated building to be located 9' above ground: Granted as proposed.

"The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-6251 or come to the Development Services Center."