Appeal 31555
Appeal Summary
Status: Mixed Decision. Item 1: Decision Rendered. Item 2: Hold for Additional Information.
Appeal ID: 31555
Submission Date: 4/28/23 3:48 PM
Hearing Date: 5/10/23
Case #: B-003
Appeal Type: Building
Project Type: commercial
Building/Business Name: TimberView
Appeal Involves: Erection of a new structure
Proposed use: Mixed-Use Residential
Project Address: 540 NE 99th Ave
Appellant Name: David Burnett
LUR or Permit Application #: Permit 22-138524-CO
Stories: 8 Occupancy: R-2 Primary Construction Type: IV-C
Fire Sprinklers: Yes - NFPA 13 Throughout
Plans Examiner/Inspector: John Cooley
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2019 OSSC 1207.2 |
|---|---|
| Requires | 1207.2 Minimum ceiling heights. 1207.2.1 Furred Ceiling. |
| Code Modification or Alternate Requested | It is requested that it be allowed that limited areas of the residential units have a ceiling height lower than 7’-0” but not any lower than 6’-9¾”. |
| Proposed Design | The proposed design would have a portion of the ceiling within some units that would be 6’-9 3/4” in height or greater. Please see the attached diagram showing these locations in red. This lowered ceiling height occurs in two basic locations. First is where a structural beam depth and associated gypsum wrap extends below 7’-0” ceiling height. The ceiling height has two conditions; 6’-9¾” and 6’-11¼” depending on beam depth, see diagram for locations. Second is where HVAC routing is required to traverse structural bays and navigate under beams. This occurs at the multi-structural bay units at the four corners of the building. The ceiling height in these locations are 6’-10” above finish floor. |
| Reason for alternative | All lowered ceiling areas represent significantly less than one third of the room area and the room is provided with greater than two thirds area at higher than required ceiling height. This aligns to 1207.2.1 for furred ceilings. Exception 2 of 1207.2 allows for ceiling heights of less than 7 feet but greater than 5 feet at sloped ceiling conditions. This would put the lowered ceilings at the periphery of the rooms as we have done. The lowered ceilings occur at room edges and away from typical paths of travel. The deep beams are located directly adjacent to the unit demising wall and are outside of a typical path of travel, the projection from the wall is 11 ¼” and presents minimal collision opportunity due to its proximity to the wall. This gypsum wall board wrap runs tight to the structural element, and maintains the minimum possible footprint. The lowered ceilings are positioned to be innocuously located at room perimeters outside of regular paths of travel. The HVAC soffits occur either at bedroom walls where bed headboards are anticipated to be located, within alcoves at dining and kitchen areas, or above the lavatory and vanity in the unit bathroom. The requested deviation varies from ¾” to 2¼” representing a small change applicable to limited, well considered and innocuous locations. The Type IV-C construction type is a novel building typology and based on the building height requirements, zoning code requirements of first floor height, and allowed stories, a floor-to-floor height was essentially dictated at 9’-10”. The deep beams of wood construction require ceiling heights lower than 7’-0” in some locations to accommodate that floor-to-floor height. |
Appeal item 2
| Code Section | 2019 OSSC Table 2902.1 |
|---|---|
| Requires | 2902.1 Minimum number of fixtures |
| Code Modification or Alternate Requested | Exemption of drinking fountain requirement in multi-family apartment building lobby space. |
| Proposed Design | The proposed design is a lounge lobby for a multi-family apartment building. No drinking fountain is proposed for the lobby space as this space will be used by building residents non-simultaneously and each residential unit will have a respective kitchen. The lobby space is private and secured, only for use by the building residents. |
| Reason for alternative | Per OSSC Table 2902.1, the plumbing fixture count for an A-3 occupancy requires one drinking fountain. Considering this is a private and secured lobby space to be used by building residents only, as each building resident will have access to their unit’s kitchen, the kitchen sink will provide access to fresh drinking water, equivalent to what would be provided by a drinking fountain. |
Appeal Decision
1. Reduction in the minimum required headroom in Type IV-C construction from 7 feet 6 inches to 6 feet 9.75 inches in limited areas and located outside the regular path of travel: Granted as proposed.
2. Omission of drinking fountain in lobby: Hold for additional information.
Appellant may contact John Butler (503 865-6427) or e-mail at John.Butler@portlandoregon.gov with questions.
For Item 2: PLEASE READ THE NOTE BELOW when providing Board requested Additional Information or when submitting a reconsideration after 1st time appeal Denial.
For Item 1: The Administrative Appeal Board finds 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 to the Development Services Center.
For Item 2: A reconsideration is submitted online following the same submittal process and using the same appeals form as the original appeal. Indicate at the beginning of the appeal form that you are filing a reconsideration and include the original assigned Appeal ID number. The reconsideration will receive a new appeal number.
Include the original attachments and appeal language. Provide new text with only that information that is specific to the reconsideration in a separate paragraph(s) clearly identified as "Reconsideration Text" with any new attachments also referenced. Once submitted, the appeal cannot be revised.
No additional fee is required when the Board has requested additional information or for the first reconsideration of a denied appeal if submitted within 6 months of the original appeal. In these two specific instances please ignore the auto-generated request for another fee.