Appeal 32392
Appeal Summary
Status: DECISION RENDERED - OVER 32330 FROM (6/12/24) FOR MORE INFO.
Appeal ID: 32392
Submission Date: 7/10/24 9:36 AM
Hearing Date: 7/17/24
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: Multi-family (R-2)
Project Address: NEC / Oregon & NE 25th Ave
Appellant Name: Don Sowieja
LUR or Permit Application #: Permit 23-049908-PJ
Stories: 8 Occupancy: R-2 Construction Type: I-A / III-A
Fire Sprinklers: Yes - Fully Sprinklered
Plans Examiner/Inspector: Brian McCall
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 2022 OSSC Definition of Fire Separation Distance; 2022 OSSC 705.5 – Fire-resistance ratings |
|---|---|
| Requires | FIRE SEPARATION DISTANCE. The distance measured from the building face to one of the following:
The distance shall be measured at right angles from the face of the wall. 705.5 Fire-resistance ratings. |
| Code Modification or Alternate Requested | Allow measurement of the fire separation distance from the building face to a no-build easement line between the new and existing buildings where a shared driveway is located allowing unprotected openings on the exterior walls per Table 705.8. Reconsideration for appeal 32330 held for more information. |
| Proposed Design | The Pepsi B apartment building located at the corner of Oregon St and NE 25th Ave in Portland has 5 stories of Type IIIA construction over 3 stories of Type IA construction and will be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 (NFPA 13). The existing vehicle access driveway off NE Oregon Street serves the adjacent Splash Apartments (aka Pepsi Phase 1A) located at 875 NE 27th Avenue, Portland, OR 97232. This vehicle access driveway is also intended to serve the new Pepsi B building at NEC / Oregon St at NE 25th Ave. A cross easement will be recorded for vehicle access to the Pepsi B garage across the Splash Apartments property by the Owner of 875 NE 27th Avenue. The latter to also record a no-build easement agreement on their parcel between the two building sites so that the new line can be used to measure fire separation distances for both buildings. The positioning of the new fire separation distance line would have no impact on fire resistance rating of exterior walls or allowable area of wall openings of the existing building. See Fire and Life Safety plans on sheets G2.22 to G2.24, partial Site Section 1/G2.30, partial Exterior East Elevation 2/G2.30 and Site Plan 1/A1.01 on Exhibit A for more information. Reconsideration Text: See New Exhibit B – Exiting Building Drawings, including FLS narrative with the existing building’s construction type and code criteria, and elevational information. More information can be referenced via it’s permit documentation under permit 20-129170-000-00-CO. Exhibit A has been revised to clarify the extent of easement and new fire separation distance to the existing building. |
| Reason for alternative | The property line between the two lots was originally established to encompass and allow completion of the driveway and its storm-water components in the construction of Splash Apartments at 875 NE 27th Avenue. Portions of the new Pepsi B building’s exterior walls are less than three feet from the existing property line. Section 705.8 and Table 705.8 of the Oregon Structural Specialty Code prohibit openings in exterior walls on buildings within three feet of a property line but allow openings limited to 45% of wall area within 15 feet of a property line. Reconsideration Text: |
Appeal Decision
"Provide no-build easement and assumed imaginary property line between the adjacent sites to establish fire separation distance between the buildings: Granted as proposed.
The appellant must contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information before 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 to determine fire separation distance for future development on the adjacent lot.
The unrecorded easement must be reviewed and approved by BDS before recording. A copy of the recorded easement must then be provided to BDS before plan review approval."
"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."