Appeal 15707
Appeal Summary
Status: Decision Rendered
Appeal ID: 15707
Submission Date: 8/14/17 8:42 AM
Hearing Date: 8/16/17
Case #: B-014
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: other: Lot Confirmation
Proposed use: Residential
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC R302.1 and Table R302.1 |
|---|---|
| Requires | Exterior walls less than 3 feet to a property line shall be one-hour fire-rated with no openings allowed. Roofs and eaves may project not closer than 2 feet to a property line. Eaves less than 3 feet to a property line must be protected on the underside as required for one-hour fire-rated construction. |
| Code Modification or Alternate Requested | |
| Proposed Design | An application is currently under review to confirm Lot 29. There is an existing dwelling currently on Lots 27 & 28 that is 2.7' from the lot line to be confirmed. The eaves of the house extend another 1.5' toward the line to be confirmed. A 5' no-build easement on Lot 29 along with fire rating the eave of the future development on Lot 29 is proposed in lieu of fire rating the wall/eave of the existing dwelling.Eaves on the future development on Lot 29 are proposed to project 1' into the no-build easement. |
| Reason for alternative | The dwelling is an existing condition & does not extend past the confirmed lot line. The proposed 5' no-build easement on Lot 29 will ensure that adequate separation between structures will be maintained. Fire rating the eaves of the future development on Lot 29 will address the 5.2' of separation between the eaves. There will still be 7.7' of separation between the wall of the existing dwelling & the wall of the future dwelling on Lot 29. |
Appeal Decision
Omission of Fire rated construction within 3' of the property line: Granted provided the no-build easement is minimum 5' wide. The easement must be reviewed and approved by BDS prior to recording.
Note that fences may not be located in the easement nor may eaves except as provided in appeal.
Appellant may contact Nancy Thorington (503-823-7023) for more information.
The Administrative Appeal Board finds with the conditions noted, 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 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.
Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.