Appeal 34983
Appeal Summary
Status: Decision Rendered - Reconsideration of Appeal 34961 (09.02.2025)
Appeal ID: 34983
Submission Date: 9/26/25 9:43 AM
Hearing Date: 10/8/25
Case #: B-1
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Erection of a new structure,Reconsideration of appeal
Proposed use: onstruction of a torch-cutting enclosure for Radius Recycling. Includes foundation work, grading, an
Project Address: 12005 N Burgard Way
Appellant Name: Micah Mensing
LUR or Permit Application #: Permit 24-102705-CO
Stories: 1 Occupancy: F-2 Construction Type: II-B
Fire Sprinklers: No
Plans Examiner/Inspector: Jason Butler-Brown, Kevin Wells
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 24.50.60.F.4.d |
|---|---|
| Requires | The code section listed above requires that any non-residential construction must have the lowest floor of the building either 1. elevated to the level of the flood protection elevation, or 2. be floodproofed as described in the code. |
| Code Modification or Alternate Requested | To allow the unoccupied rail bays to be below the flood protection elevation. |
| Proposed Design | To meet all the needs of the emissions capture, material flow and flood plain issues on site, RECONSIDERATION TEXT: Furthermore, the SMG facility satisfies the requirements of 24.50.070.B for the following reasons:
|
| Reason for alternative | This request for a variance is to allow for the proper elevation and grade necessary to connect the proposed building to the existing rail line, as shown on the site plan. Matching the existing rail's elevation is required for railcar access to the building. This variance will have no impact on the structural integrity, accessibility, energy demand, or fire protection systems of the building. The proposed design includes extra safety measures that will ensure this variance does not negatively impact the life and health safety of the building's occupants. |
Appeal Decision
Non-residential construction below the flood protection elevation: 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.