Appeal 11407

Table 602 & 1027.6 (OSSC 2010)

OSSC 2010

Table 602: For structures located less than 5' to a property line, fire resistance rating not less than 1 hr is required.

1027.6/1027.5 (OSSC 2014) Access to a public way. The exit discharge shall provide direct and unobstructed access to the public way.

This is an existing structure and the proposed accessible path of travel which crosses over the triangular-shaped leased parcel is required to meet other code provisions for accessibility relative to change of use or occupancy. See Site Plan, Floor Plan, and reasons below.

Please note that the the existing structure is currently un-sprinklered. Under this permit application, fire sprinklers will be added throughout the entire building.

Table 602: ( Distance of structure to property line)

The property line in question on the diagonal at the SW corner of the owner’s property abuts a parcel owned by the City of Portland – BES as a utility easement for a 96” monolithic sewer interceptor. Presently, there are no structures adjacent the West or South whose proximity would be subject to Table 602. (Note that to the East the distance to the adjacent property has necessitated a design of a 1-hr fire resistant exterior wall, which has been signed off on in Plan Review) The property owner has a long-term lease agreement in place with BES for access and use of this parcel. As this is a City-owned easement intended to protect municipal infrastructure from future development, no construction within the sewer easement is permissible. Please note that the extents of the sewer easement differ from the property line extents. Given the restrictions for development on the property owned by BES, enforcement of the code per Table 602 (in this case, fire-separation distance to potential future structures on an adjacent, un-developable parcel) is not appropriate.

1027.6/1027.5 (OSSC 2014) Access to a public way.

The adjacent property in question, an un-developable parcel owned by BES and leased to the owner of 829 N Russell, Nez Hallett III is NOT functionally separate from the 829 N Russell parcel. The lease allows Mr. Hallett full access to this this parcel per the lease terms. This is corroborated by BES memo (11/25/14) and City records (included). Therefore, there is no reason that the accessible path of travel and/ or egress would ever be obstructed.

In support of that, it is important to note that the geometry of the leased parcel is established only as a means for BES to protect infrastructure. Should the need to protect this asset ever end, or should BES wish to sell the parcel, ownership control of the triangular parcel would surely revert to be again part of the 829 N Russell parcel. Note that on Block 8, the line dividing Lots 7 & 8 remains as it was originally divided, and in place prior to the assumption of what is now the leased parcel.