Appeal 33406
Appeal Summary
Status: Decision Rendered
Appeal ID: 33406
Submission Date: 7/25/24 3:43 PM
Hearing Date: 8/7/24
Case #: B-001
Appeal Type: Building
Project Type: commercial
Building/Business Name: Por Que No
Appeal Involves: Erection of a new structure
Proposed use: Covered Patio for Dining
Project Address: 3524 & 3530 N MISSISSIPPI AVE
Appellant Name: Annabelle Lee
LUR or Permit Application #: Permit 24-000385-CO
Stories: 1 Occupancy: B Construction Type: VB
Fire Sprinklers: No
Plans Examiner/Inspector: Chanel Horn
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 705.8.6.2 #2 |
|---|---|
| Requires | Where new buildings are erected adjacent to an [e] building and the roof of the new building is at a lower elevation than the existing building, the roof construction of the new building shall have a fire-resistance rating of not less than 1 hour for a minimum distance of 10' from the exterior wall facing the existing building. The entire length and span of the supporting elements for the fire resistance rated roof assembly shall also have a fire-resistance rating of not less than 1 hour. The roof protections are required where the distance between the buildings or structures is less than 15'. |
| Code Modification or Alternate Requested | To be allowed to measure the roof height of the new building/patio from the top of a voluntary parapet. |
| Proposed Design | The proposed building is built at property line with a roof height that slopes from 8' at the lowest to 12' at the tallest. On the adjacent lot there is a dilapidated garage that is 9'6" tall, 8' away from the shared property line. See 4/A3.1 for an overlay of the two structures. The proposed building is 687 SF and falls under exception 2 of 705.11 (parapets not required for buildings less than 1000 SF). We propose to build a 30" tall parapet that will be an extension of 1 hour fire rated wall at property line. The height of the parapet would slope from 10'5" to 14'6", taller than the adjascent building for the entire length. |
| Reason for alternative | We have gone through a Preliminary Life Safety Meeting, Design Review, a 1st round of checksheets and many previous appeals. This is an issue that has come up very late in our process. To meet code outright by either raising the ceiling height up 19", or providing the fire rating as required by 705.8.6.2 #2, would require a significant redesign and could require us to go back through design review. Providing a parapet in leu of the fire rated roof allows for all the planning and engineering of the structure to remain largely unchanged. The Parapet would provide equivalent or better life safety as that which code requires as the entire length of the parapet will be taller than the adjacent garage and can effectively act as a taller roof height would and the parapet is fire rated where as a taller roof would not be. |
Appeal Decision
Provide 1-hr parapet instead of required 1-hr roof:Granted as proposed.
"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."