Appeal 32393

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 32393

Submission Date: 7/10/24 3:06 PM

Hearing Date: 7/17/24

Case #: B-005

Appeal Type: Building

Project Type: commercial

Building/Business Name: Cafe Nell

Appeal Involves: other: extension /renewal

Proposed use: Restaurant Outdoor Seating

Project Address: 1959 NW Kearney

Appellant Name: Vanessa Preston

LUR or Permit Application #: LUR 21-065956-LU

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

Fire Sprinklers: No

Plans Examiner/Inspector: Don Kienholz

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

2022 OSSC 3103 Temporary Structures

Requires

3103.1 General. The provisions of Sections 3103.1 through 3103.4 shall apply to structures erected for a period of less than 180 days. Detached tents and other membrane structures erected for a period of less than 180 days are regulated by the fire official and not regulated by this section.

Code Modification or Alternate Requested

The request is to allow an additional 120-180 day temporary use permit for a covered outdoor restaurant seating area to allow the continued development of a comprehensive plan.

Proposed Design

Extend the current appeal for an additional 90-180 days to continue meeting requirements of the previous appeal (ID 32252). Revised Fire Life Safety Plan attached to complete form submission.

Reason for alternative

Diligent progress has been made toward a permanent solution.
Land use was approved in May. Non-conforming use and design reviews have been approved.
We are in the process of acquiring property ownership, and are working on financing and construction options. Timeline projections are:
Purchase of property On or around 8/1/24
Building and associated Permit submittal 9/1/24
Plan review 10/30/24
Permit issuance12/1/2024
Construction timeline from site development to the certificate of occupancy
Jan 1 - Apr 1, 2025

Appeal Decision

Temporary use permit for a covered outdoor restaurant seating area until Jan 1, 2025: 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."