Appeal 35024

Appeal Summary

Status: Decision Rendered- Reconsideration of Appeal 34758 (04.23.25)

Appeal ID: 35024

Submission Date: 10/29/25 4:28 PM

Hearing Date: 11/5/25

Case #: B-3

Appeal Type: Building

Project Type: commercial

Building/Business Name: BODYVOX

Appeal Involves: Alteration of an existing structure,Reconsideration of appeal

Proposed use: BUSINESS

Project Address: 1714 NW OVERTON

Appellant Name: STEVE KAISER

LUR or Permit Application #: Other RECONSIDERATION

Stories: 2 Occupancy: B, Occasional A-1 Construction Type: VB

Fire Sprinklers: Yes - THROUGHOUT

Plans Examiner/Inspector: JOHN COOLEY

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

1004.1

Requires

“The number of occupants shall be computed at the rate of one occupant per unit of area as prescribed in Table 1004.1.1.”

Code Modification or Alternate Requested

We are seeking approval of a modified floor plan layout d for the Ground Floor of the north wing of the building (identified as Lease Space 2 in Appeal 6842 and to be incorporated into Lease Space 1), which will meet all conditions of the original Appeal 6842.

• Context: This is a reconsideration of an appeal that was originally approved in 2010, Appeal 6842. This appeal granted the tenant Bodyvox Dance Company, limited use of the building for occasional public performances (A-1 use). In the intervening time, Bodyvox’s primary business activities have continued to grow. As a result, going forward Bodyvox will be leasing the entire building. The expansion of Bodyvox into the north wing of the building requires modifications to the original appeal plan layout, limited to the ground floor of the north wing. In a meeting with PP&D, the building official noted that one of the four conditions of the original appeal (condition 4) states that “This approval is valid for this tenant only and the proposed floor plan layout submitted with this appeal”, and therefore the proposed plan modifications would require a re-consideration to confirm that conditions of the original appeal are being met. No proposed modifications affect the three other conditions of Appeal 6842.

Proposed Design

The attached exhibits 1-5 demonstrate that the proposed use of the north wing results in an occupant load of 247. This is below the limit of 255 occupants established in Appeal 6842; therefore, the new improvements will meet all conditions of the original appeal.

• Note: this building is fully sprinkled.
Note: Per the previously approved Appeal 6842, The occasional dance performances will only occur after regular business hours when other business functions are unoccupied.

Reason for alternative

The alternate is required because:
• Condition 4 of the original appeal states that “This approval is valid for this tenant only and the proposed floor plan layout submitted with this appeal”. A reconsideration was required to demonstrate compliance with the original Appeal 6842 as it relates to occupant load limitations.

Appeal Decision

Maintain reduced occupant load of theater granted in appeal 6842 with revised layout: Granted provided the new exercise and accessory assembly spaces are not occupied during performances.

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.