Appeal 28312

Appeal Summary

Status: Decision Rendered

Appeal ID: 28312

Submission Date: 2/2/23 11:05 AM

Hearing Date: 2/1/23

Case #: B-014

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Alteration of an existing structure,other: Lot Confirmation

Proposed use: Machine/Metal

Project Address: 7515 NE 13th Ave, Lots 9 & 10

Appellant Name: James Casey McGuirl

LUR or Permit Application #: LUR 22-206818-PR

Stories: 1 Occupancy: F-1 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Tara Carlson, Nancy Thorington

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

602.1

Requires

Table 602 establishes fire resistance rating requirements of exterior walls based on building use and fire separation distance. For structures that are built under the requirements of VB construction and are F-1 occupancy, walls with a 10FT fire separation distance, do not require a fire rating.

Code Modification or Alternate Requested

Through the use of a no build easement establish a fire separation distance.

Proposed Design

A lot confirmation application has been submitted, which will result in 2 lots. Our proposal is to retain the existing structure on the northern lot as is and utilize a no build easement so that adequate fire separation distances will be maintained between the existing non rated structure and potential new structures in the future. The existing structure will be located approximately 2.8FT from the proposed southern property line. With a 7.2FT easement encumbering the future southern lot, a 10FT separation will be established. The proposed easement will be located on Lot 10, Block 3 “Farrel's Addition”

Reason for alternative

The existing structure, as located, will have an adjusted FSD dimension that would require substantial alterations to it in order to meet the requirements of OSSC 602.1.
With an established no build easement in place, this will allow the continued use of the existing building without the need to implement these alterations while still maintaining safe distances between it now as well as future structures on the other parcel.

Appeal Decision

Omission of fire rated construction within 10 feet of the property line with no build easement: Granted provided the easement is a minimum of 7.2 feet from the North end of Lot 10 and is the full width of Lot 10.

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 Lot 10 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) 823-6251 or come in to the Development Services Center.