Appeal 33410
Appeal Summary
Status: Decision Rendered - HELD OVER 32356 FROM 6/26/24 FOR MORE INFO.
Appeal ID: 33410
Submission Date: 7/30/24 12:00 PM
Hearing Date: 8/7/24
Case #: R-001
Appeal Type: Building
Project Type: residential
Building/Business Name: NWV Group
Appeal Involves: Reconsideration of appeal
Proposed use: single family
Project Address: 4435 SE Belmont
Appellant Name: Derrick Aragon
LUR or Permit Application #: LUR PR 23-050963 PLA / LU 23-113827
Stories: 2 Occupancy: R Construction Type: Residential
Fire Sprinklers: No
Plans Examiner/Inspector: David Besley
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC SECTION 302.1 |
|---|---|
| Requires | Appeal ID: 32356 ORSC Sectopm 302.1 - The current proposed lot split where the lot line is proposed the eves of the existing home impeded on the set back requirements. |
| Code Modification or Alternate Requested | Appeal ID: 32356 We are proposing a do not build easement to assure the set backs on any proposed building in the future doesn't build to the property line and existing home would always have the safe set back. |
| Proposed Design | Appeal ID: 32356 - Reconsideration Text We are proposing the same design as our first appeal with the change of the trash bin storage area. The current use of the parking spot that is adjacent to the the proposed property line the owners have build a fence around the trash bins due to theft and vandalism. The owners will remove this chain link fencing and the bins to a new location and make this area a parking spot again as originally intended for the area. This is highlighted in the green boxed area that has been uploaded. |
| Reason for alternative | Appeal ID: 32356 - Reconsideration Text This will ensure no flammable or trash areas or any building types will be close to this do not build easement now or in the future. This will allow a significant set back between the proposed lot line and any Permanente or storage structure in the area. |
Appeal Decision
Omission of fire-rated construction within 3 feet of the property line with 5 foot no build easement: Granted provided the new trash location is determined and approved before LU PLA approval. Please note: Relocating the trash within an adjacent building will require a building permit if the space is not permitted to be used for trash storage. 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 PP&D before recording. A copy of the recorded easement must then be provided to PP&D 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."