Appeal 33466

Appeal Summary

Status: DECISION RENDERED OVER 32255 FROM 4/24/24 FOR MORE INFO.

Appeal ID: 33466

Submission Date: 9/10/24 8:47 AM

Hearing Date: 9/18/24

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Reconsideration of appeal

Proposed use: Temporary Exhibit Space

Project Address: 337 SW Alder St

Appellant Name: Jean Margaret Thomas

LUR or Permit Application #: Other extend time frame on an appeal to March 1, 2025

Stories: 1 Occupancy: A-3 Construction Type: I-B

Fire Sprinklers: Yes - throughout

Plans Examiner/Inspector: Geoff Harker

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

303.4 Assembly Group A-3

Requires

Group A-3 occupancy includes assembly uses intended for worship, recreation or amusement and other assembly uses not classified elsewhere in Group A
including, but not limited to: Art galleries, Exhibits

Code Modification or Alternate Requested

Temporary change of occupancy to allow non-assembly type occupancy to be assembly type occupancy, extending the original time frame end date of 10/31/2024 to 3/1/2025.

Proposed Design


The proposed change of occupancy will allow the space currently classified as a non-assembly space to be temporarily classified as an assembly space. Previously, a portion of this space was used as an exhibit space during the Winter Lights Festival with special event permits. This appeal requests the ability to present an expanded exhibit space, to operate regular hours (within 11am-10pm) and occasional private party events through the appeal process.

There will be timed ticket entry to manage the amount of people entering the exhibit. The exhibit is designed for a ~1 hour visit time span per visitor. Sporadic special events are planned in the form of private parties, such as small weddings, corporate team building events, birthday parties, etc. Staff on site during regular business hours include, 2 personnel at front reception to help process entry and answer questions, 1 personnel at exit to facilitate purchase of merchandise and monitor exit door, 2 personal roaming inside exhibit to assist as needed, and monitor the exhibit floor.

"Reconsideration Text"

Additional information required:
Requested information is attached in item no. 5.

Provide a building code summary with square footage of the spaces, proposed maximum occupant loads under each of the 3 layouts, plumbing fixture requirements for the different occupant loads, required and provided number of exits, and exit separation distances.
Exhibit layout - 260 (7800sqft)
Private party layout 1 - 260 (7800sqft) / 140- (4400sgft)
Private party layout 2 - 260 (7800sqft) / 140 - (4400sqft)

Identify door hardware at each of the exit doors.
Four exits provided:

SE corner emergency exit- ~73’ from SW emergency exit
SW emergency exit- ~108’ from NW emergency exit, ~120’ from W central exit
NW emergency exit- ~20’ from W central exit
W central exit
Clarify if the lines shown are full height (over 5-9”) walls. Identify materials and construction.
See attached.

Clarify locations of any new doors and hardware.
NONE.

Identify any floor level changes.
NONE

"Reconsideration Text"
The original end date of occupancy change is 10/31/2024. The request is to extend the end date to 3/1/2025.

Reason for alternative

The presence of the exhibit brought a successful activation to an otherwise vacant space in the downtown area. Positive changes in the neighborhood are noted by neighboring businesses, see attached pdf. The exhibit proprietors and building owners would like to continue the exhibit into the holiday season to maintain a positive impact for this downtown Portland area.

We've also been able to provide income to collaborating artists and creatives, encouraging us to continue offering this financial option to support the creative class.

In addition, Fathom is a new model for an art based business in Portland and Roboto Octopodo would like to extend the time to test its impacts and outcomes.

Appeal Decision

"Extend temporary change of occupancy from group M shell to A-3 assembly for exhibit and event space to 3/1/25: Granted provided:
• Max occupancy 150
• All exits to be clearly marked. For exits not in use, cover exit signage.
• Verify staff ratio with Fire Marshal
• Fire Marshal will verify panic hardware has been installed on exit doors.
• Fire marshal inspection every 90 days with random inspections allowed.
• This appeal is revokable upon decision of fire marshal or building official.
• No open flames and all wood material must be treated with listed fire-retardant material.
• Final inspection with the building official and PF&R required prior to opening to the public.
No further extensions will be approved. A building permit for the change of occupancy will be required for use of the space after March 1, 2025. Appellant may contact Matt Rozzell (971-438-9005) with questions."

"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."