Appeal 33660

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33660

Submission Date: 1/15/25 12:49 PM

Hearing Date: 1/29/25

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name: Roboto Octopodo LLC

Appeal Involves: Reconsideration of appeal

Proposed use: Temporary Exhibit Space

Project Address: 337 SW Alder St.

Appellant Name: Holly Hogan

LUR or Permit Application #: Other Extension of timeframe on an appeal to 12/31/2025

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

Fire Sprinklers: Yes - Throughout the building

Plans Examiner/Inspector: Geoff Harker

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]   [File 6]   [File 7]

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 1/1/2025 to 12/31/2025.

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 (between 11 am-10 pm,) 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 period 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 the front reception to help process entry and answer questions, 1 personnel at the exit to facilitate the purchase of merchandise and monitor the exit door, 2 personnel roaming inside the exhibit to assist as needed and monitor the exhibit floor.

"Reconsideration Text"

Additional information required:
The 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 are 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 3/01/2025. The request is to extend the end date to 12/31/2025

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 through 12.31.2025 without a building permit: Denied. The proposal does not provide equivalent fire and 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.
"