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 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 Please also consider code section: 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:
|
| 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.