Appeal 16712

Appeal Summary

Status: Decision Rendered

Appeal ID: 16712

Submission Date: 3/30/18 4:52 PM

Hearing Date: 4/4/18

Case #: B-012

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: PRIMARY RESIDENCE

Project Address: 646 SW Westwood Dr

Appellant Name: Ciara Cuddihy-Hernandez

LUR or Permit Application #: Permit 17-279055-RS

Stories: 2 Occupancy: Single family Construction Type: WOOD 2X

Fire Sprinklers: No

Plans Examiner/Inspector: Chanel Horn

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

brochure 22/23

Requires

The project scope must leave at least one full exterior wall line and subfloor/ superstructure must remain intact. If less than one complete wall line of superstructure remains, the project will be considered a demolition.
Technically, we’re not asking for a code variance. The finished project we’re proposing will meet current code guidelines. We’re looking for an alternative to reduce the amount of additional time it would require to start from scratch under a Residential DEMO permit method. We’ve been working on obtaining the permit for this project since early December 2017 and the delays have created a hardship for our elderly clients.

Code Modification or Alternate Requested
Proposed Design

In the proposed design for this remodel we want to remove and infill the existing staircase to the basement. We want to relocate the stairs to the west wall. In order for us to do so we will need to remove part of the existing sub-floor and therefore will not comply with Brochure 23.
Our proposed design creates a more open and functional space for our clients. The existing location of the stairs would leave the opening in the center of the proposed open plan/kitchen space. We propose to move the stairs to a more appropriate location with a longer space to make a safer staircase for our clients.

Reason for alternative

We are applying for this appeal to keep this permit as an MRAA and not a demo. We are only removing a small part of the existing sub-floor to create a safer staircase for our clients. They are retired. Getting up and down the existing staircase is difficult and potentially unsafe for them. The existing staircase is original to the house and was built in 1951. It has steep risers, short threads and a handrail with no guardrail. It does not meet today’s code. Moving the location of the staircase will allow us more room to build a safer staircase that meets all code requirements. We propose to build a staircase with 11 1/6” threads, 7” risers, a pony wall for a guardrail, and a handrail on either side. We’ve attached detailed plans and a thorough engineering analysis to support this statement. The finished product will meet code criteria.

Appeal Decision

Determination of permitted work in progress as an alteration: Granted as proposed. The Administrative Appeals Board determines the permitted work does not meet the definition of demolition per Title 24.55.150.

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.

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.