Appeal 26262

Appeal Summary

Status: Decision Rendered

Appeal ID: 26262

Submission Date: 10/28/21 8:24 AM

Hearing Date: 11/3/21

Case #: B-009

Appeal Type: Building

Project Type: commercial

Building/Business Name: Cruz Room Annex

Appeal Involves: Alteration of an existing structure

Proposed use: bar

Project Address: 2314 NE Alberta St

Appellant Name: Kendra Duong

LUR or Permit Application #: Permit 19-181515-REV-01-CO

Stories: 1 Occupancy: A, M, S Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Steven Freeh, Nancy Thorington

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC Table 705.8

Requires

Table 705.8 does not allow openings 0 to less than 3' from the property line.

Code Modification or Alternate Requested

We proposed to provide a revocable no-build easement that provides the parameters required to allow an opening of up to 10% on the property line.

Proposed Design

This appeal pertains to an existing building built in 1929-1930 of type VB construction, and which is not sprinklered. The building is largely intact compared to its original configuration and is one story plus basement. The ground floor is 3,250 square feet. The west exterior wall is constructed of concrete pilasters with hollow clay tile infill and a stucco exterior coating. The lot adjacent to the building on the west side is under the same ownership, is undeveloped, and shares the same address.
The tenant would like to create a door in the west wall to access the adjacent undeveloped lot. The tenant would like to use a portion of the undeveloped lot to accommodate outdoor seating for the business located in the building. In order to provide the requirement listed in 705.8, we propose a 10’ x 15’ revocable no-build easement that will provide 5’ to an assumed imaginary property line between the existing building and a potential future building on the undeveloped lot. That would allow 10% wall opening in the existing building in the portion of the building adjacent to the proposed easement. In addition, this easement will ensure access between the new door and the public way.

Reason for alternative

Allowing the alternative will allow the tenant to directly access the outdoor area, and use it to enhance the business. The tenant had also rented the property to the east of the building and used it as a restaurant, but the restaurant did not survive the second shut-down. Expanding to the outdoor area to the west can help compensate for lost revenue and help the business survive.

Proposed structural reinforcement has been reviewed and approved. Equivalent life safety requirements are proposed by using an easement to set up parameters that allow the proposed door to meet the requirements of 705.8.

Appeal Decision

Increase in the maximum allowable area of the West exterior wall openings from zero to 10 percent with no build easement and maintenance agreement: Granted provided the easement is a minimum of 10 feet wide at the Northeast corner of the adjacent undeveloped lot and is a minimum of 15 feet in length from the Northeast corner of the undeveloped lot.
Appellant must contact Nancy Thorington (503-865-6438) for more information prior to writing the no build easement.
The easement must include language that establishes the edge of the easement on the adjacent lot as the implied property line for the purpose of determining fire separation distance for future development on the adjacent lot.
The unrecorded easement must be reviewed and approved by BDS prior to recording. A copy of the recorded easement must then be provided to BDS prior to plan review approval.

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.