Appeal 34795

Appeal Summary

Status: Decision Rendered

Appeal ID: 34795

Submission Date: 5/6/25 3:35 PM

Hearing Date: 5/14/25

Case #: B-004

Appeal Type: Building

Project Type: commercial

Building/Business Name: Market Street Shelter

Appeal Involves: other: Use of Building as Shelter

Proposed use: Shelter

Project Address: 120 SE Market St

Appellant Name: Patrick Mayhew

LUR or Permit Application #: Other Temporary conditional use permit

Stories: 2 Occupancy: B Construction Type: III-B

Fire Sprinklers: Yes - throughout

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

OSSC/34/#4/B Time Limit
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. 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.