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 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: 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.