Appeal 33693

R202 Definition and ORSC Chapter 11 N1102

Code Section: R202 Definition: R202 Dwelling Unit

HABITABLE SPACE. A space in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable.

Code Section: ORSC Chapter 11 – N1102

CONDITIONED SPACE. A space within the building, separated from unconditioned space by the building thermal envelope, which by the introduction of conditioned air, by heated and/or cooled surfaces, or by air or heat transfer from directly conditioned spaces is maintained at temperatures of 55ºF (13ºC) or higher for heating and/or 85ºF (29.4ºC) or below for cooling. (Enclosed corridors between conditioned spaces shall be considered as conditioned spaces. Spaces where temperatures fall between this range under ambient conditions shall not be regarded as conditioned space.)

BOD 19-06: Accessory Kitchens in Single Family Dwellings requirements.

The accessory kitchen may be located in a portion of the building that would meet the definition of a dwelling unit only if that portion of the building is not and will not be separated from the rest of the building by walls or by closing a door.
The accessory kitchen may not be located in a detached structure with a bathroom.
Any additional accessory kitchen installed in a single-family dwelling must comply with all of the same Electrical, Plumbing and Mechanical Code requirements as the main kitchen.
The following uses are currently allowed in a single-family dwelling and may include an accessory kitchen under the conditions of this BOD:

Detached owner-occupied lodging house containing not more than five guestrooms. Adult foster homes located in detached one-family dwellings
The homeowner must complete and record an “Additional Accessory Kitchen Covenant” as part of the building permit process. That Covenant is the property owner’s acknowledgement that the structure will remain a single-family dwelling and that the accessory kitchen will not become part of an additional dwelling unit without obtaining a building permit for the creation of the additional dwelling unit. The covenant must have the permit number listed (available after the permit has been set up) and be signed by a City Plans Examiner before it is recorded.

Allow us to set up a hobby micro-bakery in our garage WITHOUT:

1. convert the garage into a habitable space
2. Building a thermal envelope as defined by N1102
3. Keeping the walls and doors that separate the Garage to the laundry area

The space will remain as is, used exclusively for our hobby micro-bakery, with no residential or non-baking activities taking place. All equipment will be removed before selling the house.

The garage space will not be used as a habitable area. It will solely function as a workspace for our hobby micro-bakery due to the limited space in the main kitchen.

The garage will not be used continuously for long hours, nor on a daily basis.

The naturally cooler temperatures of the garage provide optimal conditions for our baked goods, making a thermal envelope unnecessary. ( Heated The garage will not be necessary).

The garage is not directly connected to the main kitchen. Access requires passing through the laundry area, making it essential to retain the existing walls and door for odor control, sanitation, and to preserve the thermal envelope of the house.

Lastly, we will complete the Covenant form to confirm that all equipment installed in the garage will be removed prior to selling the property.