Appeal 33682
Appeal Summary
Status: Decision Rendered
Appeal ID: 33682
Submission Date: 2/7/25 10:27 AM
Hearing Date: 2/19/25
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 on timeframe to 9/01/2025
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] [File 8] [File 9] [File 10]
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 |
| 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 3/01/2025 to 9/01/2025, to allow time for relocation to a permanent space. |
| 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: 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. Identify door hardware at each of the exit doors. SE corner emergency exit- ~73’ from SW emergency exit Clarify locations of any new doors and hardware. Identify any floor-level changes. "Reconsideration Text" |
| 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 while we work diligently to find a permanent home for phase three of our plans (see attached) and to continue 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 09.01.25 without a building permit: Granted provided:
•Building permit for current space is in Under Review status by March 13, 2025
•Building permit for current space is in Approved to Issue status by July 31, 2025
•Building permit must be Under Inspection before September 1, 2025, to maintain occupancy.
Appellant may contact Natalie Didion (503-823-7274) 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 the 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.