Appeal 35075

108.1

The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

PHAME Arts Academy is seeking an extension of permit for temporary use of an existing single-story office building which was granted by appeal 34969 decision.

No building modifications are proposed. PHAME will continue to operate under appeal 34969 conditions 1 and 2 - The maximum occupant load of the Main Flex Space will be held at 49 occupants, and events with larger occupant loads will obtain approval with a Special Event Permit through the Fire Marshal's Office.

Further conditions on appeal 34969 decision include: Change of Use permit Approved to Issue by Feb. 17, 2026 and Under Inspection by Mar. 17, 2026. We are requesting an extension of both timelines.

During permit review for official Change of Use, City permit comments included requirement by Transportation to close an existing unused driveway to the north of the intersection of SE 20th Ave and SE Division St. This will need to be done under a separate Minor Improvement Permit (MIP). We are currently working to include that scope of work documentation with our forthcoming permit comment responses with a target submission date by January 30th. However, Approval of the Change of Use building permit will not be granted until the MIP to close the driveway is also approved. This will likely extend Approved to Issue date beyond February 17th.

Additionally, work permitted under the MIP must have an approved final inspection by PBOT prior to the final building permit inspection by BDS. PHAME will need to hire a contractor for the right-of-way work, potentially raise funds to pay for it, and schedule completion of the work around their class schedule. This will inevitably push the Under Inspection date well beyond March 17th.

1004.5 Exception

Per 1004.5, for areas without fixed seating, the occupant load shall be not less than that number determined by dividing the floor area under consideration by the occupant load factor assigned to the function of the space as set forth in Table 1004.5 [. . .] Exception: Where approved by the building official, the actual number of occupants for whom each occupied space, floor or building is designed, although less than those determined by calculation, shall be permitted to be used in the determination of the design occupant load.

We are seeking approval by the building official for a proposed occupant load that is less than that determined by calculation.

We propose to cap the maximum occupant load of the Main Flex Space at 49 occupants to obtain Change of Use building permit for new tenant - PHAME Arts Academy. PHAME will limit the enrollment to not more than 45 students for their classes in this space, accounting for up to 4 instructors to be present. Refer to the attached drawing.

Per previous appeal 34969, PHAME was granted temporary change of use for the building under conditions including capping the maximum occupant load of the Main Flex Space at 49 occupants. Calculated occupant load of that space is 103 occupants, which is more than can be accommodated by existing egress patterns. That would also result in a total building occupant load of 188, which is more than can be supported by the current plumbing fixture count.

Due to these complications, our Change of Use permit submission proposed a reduced occupant load for Main Flex Space. City permit review comments indicate this requires a building code appeal.