Appeal 35042
Appeal Summary
Status: Decision Rendered
Appeal ID: 35042
Submission Date: 12/2/25 3:01 PM
Hearing Date: 12/10/25
Case #: B-1
Appeal Type: Building
Project Type: commercial
Building/Business Name: 200 Market
Appeal Involves: Alteration of an existing structure
Proposed use: Business
Project Address: 200 SW Market St
Appellant Name: Matthew Fitzgerald
LUR or Permit Application #: Preliminary
Stories: 19 Occupancy: B Construction Type: I-A
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Jeff Rago
Plan Submitted Option: pdf
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | City of Portland Title 24.85.040 Change of Occupancy or Use |
|---|---|
| Requires | Multiple occupancy changes to a single building may be made under this section without triggering a seismic upgrade provided the cumulative changes do not result in the addition of more than 149 occupants with respect to the legal building occupancy as of October 1, 2004. |
| Code Modification or Alternate Requested | This appeal proposes that this building be permitted to add up to 10 percent more occupants with respect to the legal building occupancy as of October 1, 2004, before the seismic upgrade requirements mandated by section 24.85.040 are applicable. |
| Proposed Design | 200 Market is an existing high-rise building in Portland, OR that consists of a 19-story tower with parking at ground level and two levels below ground. This is an existing permitted building constructed in 1973. The tower is protected with an automatic fire sprinkler system and a voice annunciated fire alarm system throughout. This appeal proposes that this building be permitted to add up to 10 percent more occupants with respect to the legal building occupancy as of October 1, 2004, before the seismic upgrade requirements mandated by section 24.85.040 are applicable. |
| Reason for alternative | The 149-occupant load trigger is unfairly burdensome on large buildings. The cost to seismically retrofit a 19-story tower is out of proportion to the relatively small addition of occupants when the limit is 149. |
Appeal Decision
Add up to 10 percent more occupants with respect to the legal building occupancy as of October 1, 2004, before the seismic upgrade requirements mandated by section 24.85.040 are applicable: 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.