Appeal 35066

Appeal Summary

Status: Hold for Additional Information

Appeal ID: 35066

Submission Date: 1/7/26 9:33 AM

Hearing Date: 1/14/26

Case #: B-1

Appeal Type: Building

Project Type: commercial

Building/Business Name: Wild Animals LLC, DBA The Den

Appeal Involves: other: Change of use/function

Proposed use: A-2 - Nightclub/Dancehall/Bar

Project Address: 116 SE Yamhill St

Appellant Name: Michael DiBiase

LUR or Permit Application #: Permit 25-042651-CO

Stories: 1 Occupancy: A-2 Construction Type: IIIB

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector: Renay Radtke

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 2902.1, OSSC Table 2902.1, OSSC 104.11 (Alternative Materials, Design and Methods of Construction)

Requires

OSSC Table 2902.1 requires plumbing fixture quantities to be determined based on the occupant load and use of the building or space. Based on the updated occupant load and the tenant space being classified as an A-2 nightclub/dance hall, the prescriptive application of Table 2902.1 results in a requirement for fourteen (14) water closets.

Code Modification or Alternate Requested

Approval of an alternate method per OSSC §104.11 to allow the existing plumbing fixture configuration to remain without modification, in lieu of providing the full prescriptive number of water closets required by OSSC Table 2902.1.

Proposed Design

The existing restroom configuration within the tenant space includes:

• Two (2) single-user toilet rooms accessible to all occupants
• One (1) women’s restroom with three (3) water closets
• One (1) men’s restroom with one (1) water closet and two (2) urinals

Lavatory counts are fully compliant with OSSC requirements. All restroom facilities are located within the tenant space, on the same level, and are readily accessible to occupants.

Reason for alternative

The tenant space is located within an existing building and has been continuously occupied for several years as an A-2 assembly use. While the function within the A-2 occupancy has shifted from an event hall with tables and chairs to a nightclub/dance hall, the occupancy group itself has not changed. The current review was triggered by updating occupant load signage and the addition of limited production/performance platforms, not by a comprehensive remodel, expansion, or increase in building area.

Strict application of OSSC Table 2902.1 results in a substantial increase in required water —approximately fifty percent (50%) more than the existing condition. In this existing building, providing the additional fixtures would require significant structural and plumbing reconstruction due to physical constraints, with limited corresponding benefit to public health or sanitation.

The existing fixture configuration provides equivalent sanitation performance through:
• Multiple single-user toilet rooms available to all occupants
• Urinals offsetting demand on water closets in the men’s restroom
• Fully compliant lavatory counts
• Restrooms located entirely within the tenant space and readily accessible

The tenant space has operated in an A-2 assembly capacity without documented sanitation issues, and the existing restroom facilities have historically served occupants adequately.

Pursuant to OSSC §104.11, the proposed alternate method provides an equivalent level of health, safety, and sanitation consistent with the intent of OSSC Chapter 29, while avoiding unnecessary and disproportionate alteration to a long-operating existing tenant space.

Appeal Decision

Reduction in required plumbing fixtures from 14 water closets down to 6 water closets and 2 urinals: Hold for additional information.

Update the drawings and appeal language to provide the following information for the board’s review:
1. The maximum occupant load allowed for a space is 1 occupant per 7 square feet (OSSC 1004.5.1). Revise occupant load calculations in the Bar and Event Hall to reflect the 1:7 occupant load factor and update the calculations for required number of plumbing fixtures.
2. Identify the plumbing fixture ratios used for each occupancy classification in the Fixtures Required/Provided table.
3. The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required (OSSC 2902.1 Footnote d). Clarify if there are any exterior seating or entertainment areas.

Appellant has been sent an email clarifying the additional information requested. For information about how to file a reconsideration go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.