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The City of Portland, Oregon

Development Services

From Concept to Construction

Phone: 503-823-7300

Email: bds@portlandoregon.gov

1900 SW 4th Ave, Portland, OR 97201

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APPEAL SUMMARY

Status: Decision Rendered
Appeal ID: 14686 Project Address: 8355 N Interstate Ave
Hearing Date: 3/1/17 Appellant Name: Shem Harding
Case No.: B-019 Appellant Phone: (503) 239-1987
Appeal Type: Building Plans Examiner/Inspector: Geoff Harker
Project Type: commercial Stories: 2 Occupancy: R-2 Construction Type: V-B
Building/Business Name: Kenton Korner Apartments Fire Sprinklers: Yes - Type 13R throughout
Appeal Involves: Alteration of an existing structure,occ Change from R-1 to R-2 LUR or Permit Application No.: Preliminary
Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3] Proposed use: Apartments

APPEAL INFORMATION SHEET

Appeal item 1

Code Section

Table 705.8

Requires

OSSC table 705.8 requires that walls with a fire separation distance of less than 3 feet are not permitted to have openings

Code Modification or Alternate Requested
Proposed Design

This project proposes a change of occupancy and minor improvements to convert 16 existing motel rooms into 18 affordable housing apartment units. Type 13R sprinklers will be provided throughout the building. Minimizing construction costs is critical to maintaining these units as affordable housing.

The existing west exterior wall is about a foot from the west interior lot line, with an overhanging eave. However, there is an easement in place (see attached) that grants parking and access rights to the east 12.4 feet of the adjacent lot. The easement prohibits building any structures or obstructions in this area, creating an effective fire separation distance of 12.4+ feet.

We propose to leave the existing exterior wall and easement area as-is. The easement provides effective fire separation distance that exceeds the requirements of OSSC table 705.8.

Reason for alternative

This appeal is needed to maintain the configuration of the existing building, which has windows in close proximity to the west property line. The easement provides equivalent fire protection to what the code requires, since the easement distance exceeds the fire separation distance requirements of OSSC table 705.8.

Appeal item 2

Code Section

705.11 & Table 602

Requires

OSSC 705.11 requires that parapets shall be provided on exterior walls of buildings. Exception 1 allows no parapets where the wall is not required to be fire rated by Table 602 due to fire separation distance. Table 602 allows exterior walls in R-occupancy, Type VB construction to be unrated when the fire separation distance exceeds 10 feet.

Code Modification or Alternate Requested
Proposed Design

This project proposes a change of occupancy and minor improvements to convert 16 existing motel rooms into 18 affordable housing apartment units. Type 13R sprinklers will be provided throughout the building. Minimizing construction costs is critical to maintaining these units as affordable housing.

The existing west exterior wall is about a foot from the west interior lot line, with an overhanging eave. However, there is an easement in place (see attached) that grants parking and access rights to the east 12.4 feet of the adjacent lot. The easement prohibits building any structures or obstructions in this area, creating an effective fire separation distance of 12.4+ feet.

The roof structure consists of light wood framed joists, and the top chord of the joist extends past the CMU wall to form the overhang. An excerpt from the City’s microfiche drawings shows this condition on sheet A5.

We propose to leave the existing exterior wall and eave overhang as-is. The easement provides effective fire separation distance that exceeds the allowance in Table 602 for an unrated exterior wall. This meets the intent of 705.11 to allow no parapets in this condition.

Reason for alternative

This appeal is needed to maintain the configuration of the existing building, which has existing eave overhangs in close proximity to the west property line. The easement provides equivalent fire protection to what the code requires, since the easement distance exceeds the fire separation distance requirements required by OSSC table 602 and section 705.11 for an exterior wall to be allowed without a parapet.

Appeal item 3

Code Section

1207.2 & 1207.3

Requires

OSSC 1207.2 & 1207.3 require that common interior wall and floor/ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50. Also, floor/ceiling assemblies between dwelling units or between a dwelling unit and a public or service area within the structure shall have an impact insulation class (IIC) rating of not less than 50.

Code Modification or Alternate Requested
Proposed Design

At interior common walls, we propose to add a layer of 5/8” gyp over a layer of acoustical sealant to one side of existing walls in living areas (see sheet A6). Our acoustical engineer has calculated that this will achieve an STC of 50+ (see attached letter). The existing common walls in the bathrooms will remain as-is and have an STC rating of 35.

At floor/ceiling assemblies, we propose to add a new layer of 5/8” gyp over the existing gyp ceiling. At level 2, new carpet and pad will be installed in living areas and cushion-back sheet flooring will be installed in bathrooms. These improvements provide an IIC rating of 55 at living areas and 40 at bathroom areas. The STC for both areas will be 43. (See attached letter for more information)

Reason for alternative

The intent of this proposal is to provide common-sense sound mitigation measures that meet the intent of code while still meeting the project budget.

For common walls, the majority of the wall area between units will exceed the required STC rating. The portion of the common wall that does not meet 50 STC is in the bathroom, which is not an acoustically sensitive area due to the short duration of occupancy and the presence of fans, plumbing fixtures and other noise generating items.

For floor/ceilings, the major concern and most common cause of complaint is IIC and not STC. The majority of floor/ceiling area in each unit is the living area and this will exceed IIC requirements by a substantial amount. The portion of the floor/ceiling that does not meet 50 IIC is in the bathroom, which again is not an acoustically sensitive area. Also, the building will be professionally managed and any noise issues will be promptly addressed by management.

For these reasons, we believe the proposed design provides equivalent quality of life to what the code requires.

APPEAL DECISION

1. Allowance of unprotected openings within 3' of the west property line: Granted provided the structure remains apartments.
2. Omission of parapet and allowance of non rated eave projection within 3' of the west property line: Granted provided the structure remains apartments.

3a. Sound transmission ratings at demising wall and at floor-ceiling assembly per Engineered analysis: Granted as proposed.
3b. Reduction of sound transmission class rating at bathroom walls to 35 STC: Granted only for walls with restrooms on both sides of the dwelling unit separation.
3c. Reduction of sound transmission class rating of floor ceiling assemblies to 43 STC: Granted as proposed.
3d. Reduction of impact isolation class rating of floor ceiling assemblies to 40 IIC at bathroom areas: Granted as proposed.

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.