Appeal 19082

Appeal Summary

Status: Mixed Decision. Item 1: Decision Rendered. Item 2: Hold for Additional Information

Appeal ID: 19082

Submission Date: 3/1/19 4:27 PM

Hearing Date: 3/6/19

Case #: B-007

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Detached Bedroom

Project Address: 4076 NE Cleveland Ave

Appellant Name: Michael Papillo

LUR or Permit Application #: Preliminary

Stories: 1 Occupancy: R 2.5 Construction Type: SFR

Fire Sprinklers: No

Plans Examiner/Inspector: Preliminary

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

ORSC 302.1

Requires

Exterior walls less than 3 feet from a property line shall have not less than a 1-hour fire-resistance rating with exposure from both sides.

Code Modification or Alternate Requested
Proposed Design

The existing permitted garage is converted into detached bedroom. The distance between the exterior walls and the property line is 13 1/2".

The proposed alternate method of One Hour Assembly would leave the interior wall in place, and apply 2 layers of 5/8" type X gypsum sheathing to the exterior side of the east wall. Sheathing edge joints shall be staggered from those on the opposite side of the wall. There are no openings on the east wall.

The assembly would consist of the Hardieplank siding, Tyvek housewrap, (2) Layers 5/8" Type X gypsum sheathing, 1 layer 30 lb felt paper, 1 layer 1/2" sheathing OSB, 2x4 Studs at 16" O.C., R-21 Batt Insulation, 1/2" drywall.

Reason for alternative

The exterior 2 layer system will provide a continuous non-combustible surface with no openings near the property line. The interior walls of the building are finished and we hope to minimize impact to the interior of the building while meeting the one hour fire rating.

Alternative is similar to approved Appeal ID 18903

Appeal item 2

Code Section

ORSC 302.1

Requires

The code table R302.1 states that no projections are allowed on exterior walls that are less than 2' from the property line.

Code Modification or Alternate Requested
Proposed Design


Alternate One Hour Assembly for east eave of existing structure within 2 feet of property line.
a. Two layers of 5/8" Type X gypsum sheathing are provided on the underside of the soffit with 2 x blocking between rafters as required for nailing. (A protective weather barrier may cover the gypsum sheathing).
b. No openings including eave vents may be installed in the soffit and no openings including windows, roof vents or skylights may be installed in that portion of the wall or roof that is within three feet of the property line.
c. No built elements including gutters and footings may cross the property line and stormwater must remain and be disposed of on site.

Reason for alternative

We would like to maintain the 13" eave to uphold the symmetry of the structure, to maintain the existing fascia, and to protect the structure from rain.

Applying the wallboard to the underside will protect the eave from fire spread.

Alternative is consistent with approved Appeal ID 18903

Appeal Decision

1. Alternate one hour assembly for East wall of existing garage within three feet of property line: Granted provided:
a. Two layers of Type X gypsum are installed on the exterior side of the wall continuous to the top of the double top plate.
b. Two layers of 2x blocking are provided between the top of the double top plate and underside of the roof sheathing, beveled where required, to fit tight against the sheathing.
c. No openings including eave vents may be installed in the soffit and no openings including windows, roof vents or skylights may be installed in that portion of the wall or roof that is within three feet of the property line.
d. The underside of the roof adjacent to the property line is provided with one layer of 5/8" Type X gypsum board installed directly against the underside of the roof sheathing with support provided by a minimum of 2 x ledgers attached to the side of the roof framing members for a minimum distance of four feet measured from the inside face of the finished wall surface.
e. No built elements including gutters and footings may cross the property line and stormwater must remain and be disposed of on site.

2. Alternate one hour assembly for East eave of existing garage within 2 feet of property line: Hold for additional information.
Appellant may contact John Butler (503 823-7339) with questions.

For item 1. 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.