Appeal 33617

Appeal Summary

Status: DECISION RENDERED RECONSIDERATION OF 32393

Appeal ID: 33617

Submission Date: 12/11/24 2:20 PM

Hearing Date: 12/18/24

Case #: B-002

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]

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

Continuing progress has been made toward a permanent solution.
Land use was approved in May. Non-conforming use and design reviews have
been approved.
The previous plan was based on a planned property purchase agreement in August of 2024. The property (which includes two adjacent buildings and another empty lot) has since been sold to a developer instead; but the due diligence period has not yet closed. Once that closes, either a long-term lease or a purchase (of the Cafe Nell site) will have to be negotiated. And then a construction time-line set.
Anticipated timeline for lease/purchase, site development to the certificate of occupancy.
Lease/purchase Jan-March, 2025
Pemit- Cert of Occupancy April - July, 2025

Appeal Decision

Request for the extension for outdoor seating. Under the tent, there is a full bar and sitting area for entertainment. Denied. The proposal does not provide equivalent life safety. Appellant may contact Matt Rozzell (971-438-9005) with questions.

"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, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
"