Appeal 35061
Appeal Summary
Status: DENIED
Appeal ID: 35061
Submission Date: 12/30/25 3:00 PM
Hearing Date: 1/8/26
Case #: 26-03
Appeal Type: Fire
Project Type: residential
Building/Business Name: The Lot
Appeal Involves: Correction of a violation
Proposed use: Food Cart Lot
Project Address: 5029 SE Division St
Appellant Name: April Jensen
LUR or Permit Application #: Preliminary
Stories: 1 Occupancy: A Construction Type: V
Fire Sprinklers: No
Plans Examiner/Inspector: Terry Hadden
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | FCP03 |
|---|---|
| Requires | 5' Setback for each food cart; our site plan shows separation between carts aside from the two on the SW corner of the lot. |
| Code Modification or Alternate Requested | I have attached a plan set we used for a deck addition that was approved but has not been built yet. IVR 4597926. This shows the carts in their spaces. |
| Proposed Design | Can we build a fire separation wall between the two carts in the SW corner? The other carts have a deck or trash enclosure between them. The NW corner doesn't have something between them but appears to be the correct distance. |
| Reason for alternative | There is not enough room to accommodate the 5' setback for our existing food cart pod and the 5 carts. Are there alternatives such as a fire separation wall? |
Appeal Decision
01/08/26
April Jensen
502 7th St., Ste 204
RE: 5029 SE Division St
APPEAL ID #35061; Case #26-03
Dear April Jensen:
The Administrative staff has reviewed your appeal regarding 5-foot set back. The proposed alternative does not provide equivalent fire and life safety. Please contact Fire Inspector Rose Brock @ 503-349-5171 for additional information.
If you are not satisfied with the administrative ruling the appeal may be continued to the Fire Code Board of Appeals. To do so your written request must be received no later than 2/11/26.
Please mail to:
Kari Schimel, Fire Marshal
Portland Fire & Rescue
55 SW Ash St.
Portland, Oregon 97204
If requested, we will convene this citizen's board. I have attached the City Code reference, which establishes the Board and provides for their authority. Note in paragraph 31.10.080.C.4 “the Board’s ruling shall be made on the condition that a substantially equivalent degree of safety is provided generally conforming to national standards concerning fire prevention, fire safety measures, and building construction requirements for safety.” If you request a hearing before the Board, please be prepared to demonstrate equivalent safety.
If you have any question regarding the appeal outcome or the Board of Appeal process, please call me at 823-3700.
Sincerely,
Kari Schimel, Fire Marshal
Appeal Board Coordinator