Appeal 34850
Appeal Summary
Status: Decision Rendered
Appeal ID: 34850
Submission Date: 6/18/25 2:03 PM
Hearing Date: 6/25/25
Case #: B-2
Appeal Type: Building
Project Type: commercial
Building/Business Name: Lloyd Center - Tracker's Earth
Appeal Involves: occ Change from 2025-05-31 to 2025-10-01,other: Temporary Duration
Proposed use: Summer Camp - Extending to December 2025
Project Address: 2201 NE Lloyd Center
Appellant Name: William Bailey
LUR or Permit Application #: Permit 230637-Special Event Permit
Stories: 3 Occupancy: M Construction Type: II A
Fire Sprinklers: Yes - 100%
Plans Examiner/Inspector: Michael Silva
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 111.1 Change of Occupancy |
|---|---|
| Requires | “A building or structure shall not be used or occupied, and a change in the existing character, use or occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy for such change in character, use or occupancy therefor as provided herein…..” |
| Code Modification or Alternate Requested | Under the provision of 111.3 Temporary Occupancy, it is requested to utilize the former Marshall's tenant space (M-1 Occupancy) as a Summer Camp program, equivalent to an A-3 Occupancy for their program period (May 15-Sept 30). |
| Proposed Design | Retain the open showroom existing layout. Provide temporary barricade at the existing escalators. Tenant will utilize open mercantile space for small group activities (see attached drawings). The existing mall is Type IIA Non-Combustible construction. The space is equipped with fire and life safety systems associated with the mall, including 100% Fire Sprinklers, Smoke detection, Smoke evacuation, Public Address (Audible) and visual Fire Alarm systems. Egress shall be maintained and meets the requirements for proposed temporary A-3 Occupancy. Occupancy will be posted for the existing calculated mercantile maximum occupancy of 359 at the ground floor (Multnomah Level) and 283 at the second floor (Halsey Level). |
| Reason for alternative | Equivalent protection is provided by the existing Mall fire and life safety systems. By posting the maximum occupancy to limit occupancy to existing approved ratios under the Mercantile Occupancy, no greater load that is currently designed into the mall will occur. Trackers Earth is an organization that provides summer camp experiences for children, grades K-12. |
Appeal Decision
Temporary change of occupancy (May 15-September 30) from Mercantile to A3 Day Camp: Granted provided:
•A temporary 180-day event permit is obtained through the Fire Marshal's office to include final approval after a Fire inspection of premises.
•Building permit for current space is in Under Review status by September 1, 2025
•Building permit for current space is in Approved to Issue status by December 1, 2025
•Building permit must be Under Inspection before December 31, 2025, to maintain occupancy
Appellant may contact Natalie Didion (503-823-8627) with questions.
The Administrative Appeal Board finds with the conditions noted, 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.
Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.