Appeal 22200

Appeal Summary

Status: Decision Rendered

Appeal ID: 22200

Submission Date: 11/26/19 1:12 PM

Hearing Date: 12/11/19

Case #: P-001

Appeal Type: Plumbing

Project Type: residential

Building/Business Name:

Appeal Involves: Erection of a new structure

Proposed use: Single family

Project Address: 4029 SW Hamilton St, Lot 1

Appellant Name: Adam Monkaba

LUR or Permit Application #: LUR 19-118250-LU

Stories: 2 Occupancy: R-3 Construction Type: V

Fire Sprinklers: No

Plans Examiner/Inspector: McKenzie James, Jim Bechtel, Joe Blanco, Jessica Ruch

Plan Submitted Option: pdf [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section	308.0
Requires	308.0 Location. Except as otherwise provided in this code, no plumbing system, drainage system, building sewer, private sewage disposal system, or parts thereof shall be located in any lot other than the lot that is the site of the building, structure, or premises served by such facilities.
Code Modification or Alternate Requested
Proposed Design	The lot is proposed to be sub-divided into three parcels and a shared tract. Two new lots will be for future houses and a third lot for the existing residence. The houses will all utilize the same shared private driveway in a separate tract. The site improvements will include 2 new residences on separate properties that would each include a paved driveway and various hardscaping elements around the houses. The existing driveway into the site will be reconstructed to be a 20' wide shared driveway and extend approximately 260' north from SW Hamilton. The proposed stormwater system for the new development is proposed to use shared stormwater pipes within the shared tract that drain to a single shared stormwater planter designed to meet the SWMM requirements. The planter will be located at the southwest corner of the site next to the driveway at the lowest part of the site. Stormwater from the planter will be slowly released through an orifice and discharge offsite to the public street ditch.
Reason for alternative	The proposed shared design is more efficient and effective than a separate storm system for each new lot and the shared tract and since the "shared" portions of the storm system all reside within the shared tract used by all residents, maintenance will be a shared responsibility.

Appeal item 2

Code Section	Chapter 3: Section 312.0
Requires	312.0 Independent Systems The drainage system of each new building and of new work installed in any existing building shall be separate and independent from that of any other building, and, when available, every shall have an independent connection with a public or private sewer. Exception: Where one building stands in the rear of another building on an interior lot, and no private sewer is available or can be constructed to the rear building through an adjoining court, yard, or driveway, the building drain from the front building shall be permitted to be extended to the rear of the building.
Code Modification or Alternate Requested
Proposed Design	The lot is proposed to be sub-divided into three parcels and a shared tract. Two new lots will be for future houses and a third lot for the existing residence. The houses will all utilize the same shared private driveway in a separate tract. The site improvements will include 2 new residences on separate properties that would each include a paved driveway and various hardscaping elements around the houses. The existing driveway into the site will be reconstructed to be a 20' wide shared driveway and extend approximately 260' north from SW Hamilton. The proposed stormwater system for the new development is proposed to use shared stormwater pipes within the shared tract that drain to a single shared stormwater planter designed to meet the SWMM requirements. The planter will be located at the southwest corner of the site next to the driveway at the lowest part of the site. Stormwater from the planter will be slowly released through an orifice and discharge offsite to the public street ditch.
Reason for alternative	The proposed shared design is more efficient and effective than a separate storm system for each new lot and the shared tract and since the "shared" portions of the storm system all reside within the shared tract used by all residents, maintenance will be a shared responsibility.

Appeal Decision

1. Shared stormwater lines on shared tract: Granted provided the easement is reviewed and approved by Bureau of Development Services prior to recording. Appellant shall contact Jessica Ruch (503-823-4162) for information.

2. Shared stormwater planter drainage system: Granted provided the easement is reviewed and approved by Bureau of Development Services prior to recording.

Appellant shall contact Jessica Ruch (503-823-4162) for information.

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 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.