Appeal 10421
Appeal Summary
Status: Decision Rendered
Appeal ID: 10421
Submission Date: 1/24/14 5:50 PM
Hearing Date: 1/29/14
Case #: B-007
Appeal Type: Building
Project Type: commercial
Building/Business Name: Ankeny Apartments
Appeal Involves: Erection of a new structure
Proposed use: Four stories of apartments over ground floor parking and retail.
Project Address: 1424 E Burnside St
Appellant Name: Brett Schulz
LUR or Permit Application #: Preliminary
Stories: 5 Occupancy: R-2, S-2, M Construction Type: V-A over I-A
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: John Butler
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | Definition of Fire Separation Distance |
|---|---|
| Requires | Fire Separation Distance is: The distance measured from the building face to the closest interior lot line, centerline of street or imaginary property line between two buildings. |
| Code Modification or Alternate Requested | |
| Proposed Design | Appellant seeks interpretation that the designed condition does not actually create lot line windows because the bays in which the windows are located are cantilevered over the right-of-way. Because the side windows on the bay windows project out over the front (street) property line, they do not face another building, lot line or street centerline. Fire separation therefore is essentially infinite. Proposed design is to provide a conventional sprinkler head mounted at the top of each of six windows, 12” to 24” from the window. Appeal 9779 was granted on May 8, 2013, for the same exact condition on another project at 4326 N Mississippi Ave (Appeal result attached). See Appeal Item #3. |
| Reason for alternative | These side windows are required by PBOT in order to allow the bay windows (oriole windows) to project over the right-of-way. This proposal exceeds code requirements for life safety and fire protection because fire separation distance is essentially infinite and therefore the windows that are the subject of this Appeal are not in close proximity to any building, lot line or street centerline. |
Appeal item 2
| Code Section | Definition of Fire Separation Distance |
|---|---|
| Requires | Fire Separation Distance is: The distance measured from the building face to the closest interior lot line, centerline of street or imaginary property line between two buildings. |
| Code Modification or Alternate Requested | |
| Proposed Design | Appellant requests that the Appeals Board consider whether the additional fire sprinkler head above each window may be unnecessary, due to the fact that there is not a fire separation distance issue. |
| Reason for alternative | These side windows are required by PBOT in order to allow the bay windows (oriole windows) to project over the right-of-way. This proposal meets code requirements for life safety and fire protection because fire separation distance is essentially infinite and therefore the windows that are the subject of this Appeal are not in close proximity to any building, lot line or street centerline. |
Appeal Decision
1. Protection of windows projecting over the public right of way and facing the adjacent property: Granted provided the windows are not operable.
2. Protection of windows projecting over the public right of way and facing the adjacent property: Denied. Proposal does not provide equivalent fire safety. Appellant may contact John Butler (503-823-7339) for more information.
The Administrative Appeal Board finds 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.