Appeal 34998
Appeal Summary
Status: Decision Rendered
Appeal ID: 34998
Submission Date: 10/8/25 11:34 PM
Hearing Date: 10/15/25
Case #: B-5
Appeal Type: Building
Project Type: commercial
Building/Business Name: CMS Portland
Appeal Involves: Alteration of an existing structure
Proposed use: Treatment Clinic
Project Address: 2620 SE 122nd Ave
Appellant Name: Matthew Lillard
LUR or Permit Application #: Permit 24-047859-CO
Stories: 1 Occupancy: B, A-3 Construction Type: IIIB
Fire Sprinklers: No
Plans Examiner/Inspector: John Cooley
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 506.2.2 Allowable area |
|---|---|
| Requires | Section 506.2.2 of the OSSC provides for the allowable area of mixed-use buildings. In Type IIIB building a non-sprinklered building with separated occupancies, the largest building/Fire area allowed with a B use is 19,000 Square feet; with an A2 use it is 9,500 SF. The existing building is 20,109 SF, larger than the allowable area per code for a non-sprinklered Type IIIB building and larger than an allowable mixed-use building with the current and historic mix of uses. |
| Code Modification or Alternate Requested | Allow the change of use of tenant 2620 from A-3 to B with an existing non-sprinklered building area that exceeds the code allowable area. |
| Proposed Design | There is a current building code appeal 9919 that allows the gambling parlor to operate. This project would convert the A-3 use to a B use, this project reduces the hazard level of the space and reduces the number of occupants from the appeal limit of 299 to less than 200, shown as 128 occupants in the current permit. The new use is an outpatient treatment clinic. |
| Reason for alternative | Similar to the reason in the previous approved appeal of this space, this building has operated with a mix of uses with the same construction type and area since the 1980 permit was granted. Providing sprinklering or Fire area/building separation would be detrimental to the adjacent tenants in the building. The new occupancy will reduce the hazard risk and occupant load of the current occupancy allowed under building code appeal. |
Appeal Decision
Allowable area for a B occupancy in III-B, unsprinklered building: 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.