Appeal 19011
Appeal Summary
Status: Decision Rendered
Appeal ID: 19011
Submission Date: 2/9/19 8:40 AM
Hearing Date: 2/13/19
Case #: B-011
Appeal Type: Building
Project Type: residential
Building/Business Name:
Appeal Involves: Alteration of an existing structure
Proposed use: 2 Family Residential
Project Address: 2796 SW Montgomery Dr
Appellant Name: Bradlee Hersey
LUR or Permit Application #: Permit 19-116939-RS
Stories: 1 Occupancy: R Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: Chris Pagnotta
Plan Submitted Option: pdf [File 1] [File 2] [File 3]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | Records Ruling |
|---|---|
| Requires | The purpose of this building code appeal is to make a definitive determination of whether the existing residence can be permitted as an existing duplex as shown through permit records research. Chris Pagnotta the Life safety senior on duty at the time of permit submittal directed us to submit an appeal for this issue. The attached records indicate that since 1935 this residence has been recognized as a duplex. Permit cards indicate "Ok as duplex per building division" There have also been violations filed against the property in 1996 and 2018 that have been addressed and the building inspectors have recognized and written their reports naming the existing structure as a duplex. Per Planning division Laura Lehman the sanborn maps show the residence as 2 dwelling units via the symbol 1&2 shown on this property. The residence has functioned as 2 dwellings as evidence by multiple gas and electric meters and separate entrances and unit B being enclosed by the rest of the house. |
| Code Modification or Alternate Requested | |
| Proposed Design | The proposed design is to remodel the existing duplex throughout and bring the residence further into conformance with current building code. (For Design please refer to attached proposed drawings) The residence will continue to have 2 dwellings and keep the status of duplex if confirmed. |
| Reason for alternative | The reason for this appeal is City Staff were unable to definitely rule on the existing status of this dwelling unit as a duplex through the records available. The structure will be remodeled to all applicable building codes through the permitting and inspection process. |
Appeal Decision
Determination of existing residence as duplex: Granted provided housing violations are fully addressed.
Appellant may contact John Butler (503 823-7339) with questions.
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.