Appeal 34969
Appeal Summary
Status: Decision Rendered
Appeal ID: 34969
Submission Date: 9/10/25 5:31 PM
Hearing Date: 9/17/25
Case #: B-3
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: occ Change from 2025-09-18 to 2026-03-17
Proposed use: Group B Classroom (adult) and Exercise Room
Project Address: 2446 SE Ladd Ave.
Appellant Name: Jon Creighton
LUR or Permit Application #: Preliminary
Stories: 1 Occupancy: B Construction Type: III-B
Fire Sprinklers: No
Plans Examiner/Inspector: Geoffrey Harker
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 108.1 |
|---|---|
| Requires | The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. |
| Code Modification or Alternate Requested | PHAME Arts Academy is seeking a permit for temporary use of an existing single-story, non-sprinklered office building to host their adult fall courses which begin on September 29. |
| Proposed Design | No interior or exterior alterations are proposed. We are awaiting a returned records request for this property to determine the current permitted occupancy group, space functions, and occupant loads. Until the records request yields information, we have made assumptions (based on the existing 1994 and 2009 documentation we do have) as described below and in the attached drawings. The existing building is an office building most aligned with the description of Group B occupancy per 2022 OSSC, and includes assumed business use areas as well as unconcentrated assembly use areas (less than 750 SF). The new proposed occupancy is also Group B, but with some areas to serve classroom or exercise room functions which have different occupant load factors than the previous assumed uses. Refer to the attached drawing. |
| Reason for alternative | PHAME Arts Academy provides art, dance, music and performance classes for adults with intellectual and developmental disabilities. They are relocating from their former leased space within Grace Memorial Episcopal Church to be the sole tenant of the office building under this appeal request. If they are unable to use this new location immediately, PHAME will be without a home, unable to provide consistent arts curriculum for a vulnerable population. Change is extremely disruptive to people with intellectual and developmental disabilities, therefore it is a priority for the move to a new location to be as streamlined as possible. Conveniently, their new location on SE Ladd is directly across the street from Community Vision, which already serves many of the students in the program. PHAME's fall term class curriculum begins September 29, 2025. There is not sufficient time between now and that date for the design team to perform all of the work necessary to obtain an official Change of Use permit for the building (returned records request, conferences with City staff, documentation, application, 4 week permit review, check sheets, etc). We are requesting that PHAME be granted temporary use of the building while the Change of Use permit is in process. A fire alarm system are notification devices are installed throughout the existing building. The existing emergency egress system is more than sufficient in width for a new calculated occupant load total of 193, however the existing plumbing fixture count can only support a total maximum of 150 occupants. PHAME has stated that they do not have that many students and staff in their program, and are thus amenable to a condition that limits total occupants to 150. |
Appeal Decision
Temporary use of office space for adult training from 9.18.25 to 3.17.26 while building permit is in process: Granted provided:
1. The maximum occupant load of the Main Flex Space is 49 occupants.
2. Events with larger occupant loads must be approved with a Special Event Permit through the Fire Marshal’s Office.
3. The building permit to change the use of the space is Under Review by Nov. 17, 2025.
4. The building permit to change the use of the space is Approved to Issue by Feb. 17, 2026.
5. The building permit to change the use of the space is Under Inspection by Mar. 17, 2026.
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.