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,
SMG has designed an elevated building that is above the flood plain, however the rail line and
carts are below the flood plain. It is the intent of SMG’s design to have everything building
related, including the lowest access floor that Radius employees will work on, to be above the
flood plain. However the existing rail line and new carts will be located below the flood plain
buffer zone. The intent of this area is to have a flood proof zone that water can traverse
through the building unimpeded with walls on both sides designed for the water pressure and
to allow water to pass through. No employees will be allowed to work in the flood plain zone,
except for maintenance of the carts as needed.

RECONSIDERATION TEXT:
In addition to the process and methods described in the previous appeal and above, all areas of the buildings will be located at or above the flood protection elevation or floodproofed as described in 24.50.060.F.4, with the exception of the rail bay and movable-platform bays which are proposed to be wet floodproofed in accordance with the requirements of 24.50.060.F.2.b. Our design meets the guidelines of two opening on different sides, the total net area of which exceeds the enclosed area by one square inch for every square foot, the openings are flush with grade, the openings will not be blocked allowing the flow of floodwater in and out, and we will enter an agreement not to convert the use of the enclosed area if required.

Furthermore, the SMG facility satisfies the requirements of 24.50.070.B for the following reasons:

  1. The only items in the rail bay are heavy steel carts not at risk of being displaced by floodwaters. 2. The variance areas are non-accessible zones where workers will not be present, posing no danger to life or property. 3. The facility's contents (steel carts) and structure (reinforced concrete walls) are not susceptible to flood damage. 4. The facility provides local jobs and improves air quality by containing emissions from previous open-air torch-cutting operations. 5/6. The location is essential for its proximity to existing rail, buildings, and docks. All feasible locations with the necessary rail access are within the floodplain due to the existing tracks' elevation. 7. The project is located in an established industrial zone used for similar purposes, and no conflicting future development is expected. 8. The development aligns with the industrial zoning of the comprehensive plan and introduces no unapproved uses. All accessible areas for personnel are compliant with the floodplain management program and are situated above the floodplain elevation. 9. The building will not obstruct existing roadways or impede access for routine or emergency vehicles. Point 10 was determined to be not applicable to this development. 11. The project will not impact public utilities or infrastructure, and therefore will not increase the cost of government services. 12. Located in a large industrial area with no known federally protected species, the structure presents no new or increased risk to wildlife.
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.