Appeal 34794
Appeal Summary
Status: Decision Rendered
Appeal ID: 34794
Submission Date: 5/6/25 3:24 PM
Hearing Date: 5/14/25
Case #: B-003
Appeal Type: Building
Project Type: commercial
Building/Business Name: Walnut Park Shelter
Appeal Involves: other: Use of Building as Shelter
Proposed use: Shelter
Project Address: 5305 NE MLK Blvd / 5326 NE MLK Blvd / 5411 NE MLK Blvd
Appellant Name: Patrick Mayhew
LUR or Permit Application #: Other Temporary conditional use permit
Stories: 1 Occupancy: M Construction Type: III-B
Fire Sprinklers: No
Plans Examiner/Inspector: Michael Silva / Kim Kosmas
Plan Submitted Option: pdf [File 1]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | Code Guide, Temporary Shelters – OSSC/34#4/B |
|---|---|
| Requires | Code Guide, Temporary Shelters – OSSC/34#4/B Occupancies other than Residential group R-1 (transient residential housing) may be used as a temporary shelter for a maximum of 180 days within a calendar year (January to January). Temporary shelters operating in excess of 180 days within a calendar year require an appeal through the BDS administrative appeals process. |
| Code Modification or Alternate Requested | Allow the shelter to operate in excess of 180 days within a calendar year. The shelter will continue to be subject to regular Fire Department walkthroughs to verify Fire and Life Safety of the building and its operation. |
| Proposed Design | The shelter meets all the requirements of OSSC/34/#4. |
| Reason for alternative | Given the current housing emergency it is critical to continue operation of existing shelters while the City and County work together to expand affordable housing and capacity of our shelter system. |
Appeal Decision
Extension of temporary shelter use per COP Code Guide OSSC/34/#4, Use of Buildings as Temporary Shelters until 12/31/25: Granted as proposed.
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.