Appeal 34951

Appeal Summary

Status: Decision Rendered

Appeal ID: 34951

Submission Date: 8/20/25 5:10 PM

Hearing Date: 8/27/25

Case #: B-1

Appeal Type: Building

Project Type: commercial

Building/Business Name: Workshop St Johns

Appeal Involves: Alteration of an existing structure

Proposed use: Office, Maker, Assembly and Storage

Project Address: 6635 N Baltimore Ave

Appellant Name: Brett Schulz

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: B, F-1, S-1, A-3 Construction Type: VB

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector: Preliminary

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

507 Unlimited Area Buildings

Requires

507.1 General. The area of buildings of the configurations and occupancies specified in sections 507.1 through 507.12 shall not be limited.

Exception: Other occupancies shall be permitted in unlimited area buildings in accordance with the provisions of 508.2

508.2 Accessory occupancies. Accessory occupancies are those occupancies are ancillary to the main occupancy of the building or portion thereof.

Code Modification or Alternate Requested

To utilize the same concept of accessory use that was approved by Appeal 20171, Item 2, but with the assembly space relocated to a different area within the building campus (see Site Plan).

Proposed Design

Appeal 20171 text: “We request the interpretation of the proposed A-3 gallery use as accessory to the other uses contained in the building.” This Appeal requests the same interpretation for the A-3 gallery, now proposed to be relocated from Building 2 to Building 6 within the same CCP building complex. Similar to Appeal 20171, a reduction in occupant load is requested by subtracting circulation space (see Gallery Enlarged Plans). The proposed design adds 227 occupants to Building 6 (see Building 6 Plans). Reductions in occupant load elsewhere in the CCP complex will reduce the net addition of occupants to fewer than 149.

Reason for alternative

Appeal 20171 text: “Code commentary further defines accessory uses as ‘subordinate and secondary to the structure’s primary function. As such, the activities that occur in accessory use areas are necessary for the primary occupancy to properly function and would not otherwise reasonably exist apart from the principal occupancy’. The proposed gallery space is intended as a gathering space primarily for the building occupants, but also for public access. It is entirely subordinate and dependent on the other uses contained in the building.” This is still true for the relocated gallery space, which is intended as a central hub for the artists, makers and workers in the Workshop/CCP complex, a space in which to congregate and foster a sense of community.

Appeal item 2

Code Section

Table1004.5

Requires

30 sf net per person for required for occupancy calculations for galleries.

Code Modification or Alternate Requested

To utilize the same occupant load strategy that was approved by Appeal 20229, but with the assembly space relocated to a different area within the building campus (see Site Plan).

Proposed Design

Similar to the previous design, the new gallery space is two stories high and includes two stairs (previously one stair) to area at the second floor that overlooks the first floor. It is proposed to subtract minimal circulation (3’-8” wide) from net floor area for occupant load calculation at the proposed A-3 Gallery space (see Gallery Enlarged Plans).

Reason for alternative

Appeal 20229 text “The net area was calculated providing for the code minimum circulation requirements around the A-3 gallery area. Occupant load for the gallery was calculated at 30 sf [net] per occupant. The remaining occupant load was calculated using the gross remaining area [remainder of Building 6]…The intended tenants will be a mixture of F-1 and B and so 100 [150] sf per occupant was used as occupant load factor for the gross area.” The proposed design adds 227 occupants to Building 6 (see Building 6 Plans). Reductions in occupant load elsewhere in the Workshop/CCP complex will reduce the net addition of occupants to fewer than 149.

Appeal Decision

Item 1. Determination of A-3 Gallery as accessory to other uses contained in the building: Granted with the following provisions:
1. Permit #20-204967-CO for the change of occupancy of a gallery space in Building 2 must be cancelled.
2. No special event permits from the Fire Marshal’s Office are allowed for the new gallery space in Building 6.
3. Egress and all other code standards for the change of occupancy will be reviewed during plan review to A-3 requirements.
Item 2. Reduction in occupant load in A3 Gallery space to avoid seismic upgrades: Granted provided the occupant load of the circulation spaces is calculated using the 1:100 gross occupant load factor, the circulation paths are clearly marked on floor and maximum occupancy signs are posted for each floor.

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.

Pursuant to 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 appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.