Appeal 33471

Appeal Summary

Status: Decision Rendered

Appeal ID: 33471

Submission Date: 9/12/24 8:51 AM

Hearing Date: 9/18/24

Case #: B-006

Appeal Type: Building

Project Type: commercial

Building/Business Name: Por Que No

Appeal Involves: Addition to an existing structure

Proposed use: Covered Patio for Dining

Project Address: 3524 & 3530 N MISSISSIPPI AVE

Appellant Name: Annabelle Lee

LUR or Permit Application #: Permit 24-000385-CO

Stories: 2 Occupancy: B Construction Type: VB

Fire Sprinklers: No

Plans Examiner/Inspector: Chanel Horn

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

1104.2

Requires

1104.2:
At least one accessible route shall connect accessible buildings & spaces that are on the same site.

Code Modification or Alternate Requested

To allow for no accessible route on site to connect the proposed patio to the 1st floor restaurant area.

Proposed Design

We are proposing to provide an accessible seat option at the majority of tables along the street in lieu of an accessible lift. In total 21% of street side dining will be accessible (where code only requires 5%). The proposed patio is accessible from the alley but it would not have an accessible route onsite that connects it to the 1st floor restaurant.
Additionally the stairway is designed to be generously sized to allow ease of usage for people with different abilities. It is over 5' wide (when only 3' is required by code) and the stair riser height is 6 1/2" and tread depth is 12" (when code allows for 7" height and 11" depth).

Reason for alternative

The only way of providing a connected accessible route that works with the existing structures on site is to provide a stair lift and there is only one stair lift on the market that meets accessibility code. The cost of this lift is exorbitant in proportion to the project value (150k / 113k). Additionally it is not an ideal solution to eliminating barriers for accessibility as it will take time to load, lift and then unload, disturbing pedestrian traffic while it does so. By offering a higher percentage of accessible seating directing adjacent the sidewalk, where the highest demand is for seating, we are providing a more attractive accessible dining option than utilizing the stairlift to get to the back patio. For people that are unable to use the stairway but do want access to the back patio, accessible access to the new patio is available from the alley.

Appeal Decision

Provide no accessible routes between new building and existing building on-site: Denied. Proposal does not provide equivalent access. Appellant may contact Chanel Horn (503-865-6538) with questions.

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