Appeal 23454

Appeal Summary

Status: Decision Rendered

Appeal ID: 23454

Submission Date: 2/4/20 2:46 PM

Hearing Date: 2/12/20

Case #: B-004

Appeal Type: Building

Project Type: commercial

Building/Business Name: se 51ST

Appeal Involves: Erection of a new structure

Proposed use: Apartments

Project Address: 1432 SE 51st Ave

Appellant Name: Brandon Yoder

LUR or Permit Application #: Preliminary

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

Fire Sprinklers: Yes - Full NFPA 13

Plans Examiner/Inspector: Guy Altman

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

705.2

Requires

Regulation Requirement: 705.2

705.2 Projections
Cornices, eave overhangs, exterior balconies and similar projections extending beyond the exterior wall shall conform to the requirements of this section and Section 1405. Exterior egress balconies and exterior exit stairways and ramps shall comply with Sections 1021 and 1027, respectively. Projections shall not extend any closer to the line used to determine the fire separation distance than shown in Table 705.2.

Exception: Buildings on the same lot and considered as portions of one building in accordance with Section 705.3 are not required to comply with this section for projections between the buildings.

TABLE 705.2

MINIMUM DISTANCE OF PROJECTION

FIRE SEPARATION
DISTANCE-FSD (feet) MINIMUM DISTANCE FROM LINE
USED TO DETERMINE FSD
0 to less than 2 Projections not permitted
2 to less than 3 24 inches
3 to less than 5 24 inches plus 8 inches for every foot
of FSD beyond 3 feet or fraction
thereof
5 or greater 40 inches

Please also consider code section:
705.2.3.1 Balconies and similar projections

Balconies and similar projections of combustible construction other than fire-retardant-treated wood shall be fire-resistance rated where required by Table 601 for floor construction or shall be of heavy timber construction in accordance with Section 2304.11. The aggregate length of the projections shall not exceed 50 percent of the building’s perimeter on each floor.

Exception 3. Balconies and similar projections on buildings of Types III, IV and V construction shall be permitted to be of Type V construction and shall not be required to have a fire-resistance rating where sprinkler protection is extended to these areas.

Code Modification or Alternate Requested

Allow for small balcony projections to be at 24” from south property line. Balconies will be 40 square feet.

Proposed Design

Please see existing plans, building section and site section. Plans and elevations indicate that balconies will be 24” from south property line. See drawing 4/1.

Balcony construction will be:

  • Floor framing will be heavy timber floor with concrete topping slab.
  • Balcony guardrail wall will be 42” tall and 1-hour rated
  • Exterior sprinkler head will be provided to each balcony, as required
  • There are 4 balconies and each balcony is 40 square feet.
  • Building will be provided with full NFPA 13 sprinkler system
Reason for alternative

This is a small site, only 2,400 square feet, with 10’ setbacks required to the north and east property lines, and 0’ required to the west and south property lines. Given the site restrictions and the planning code requirement for minimum 36 square feet outdoor areas per unit, we believe this is the logical location for the outdoor area. This is the south side of the building and will give the tenants the most access to south facing light.

The balcony projection does not get closer than 24” to the property line, and the building wall is 6’-6” FSD to the south property line.

Appeal Decision

Decrease in balcony projection at property line from 40 inches to 24 inches: Denied. Proposal does not provide equivalent Life Safety protection.
Appellant may contact John Butler (503 823-7339) with questions.

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.