Appeal 33492

Appeal Summary

Status: Decision Rendered on RECONSIDERATION 32235 FROM 4.10.24

Appeal ID: 33492

Submission Date: 9/24/24 8:21 PM

Hearing Date: 10/2/24

Case #: R-002

Appeal Type: Building

Project Type: Residential

Building/Business Name:

Appeal Involves: Reconsideration of appeal

Proposed use: Residential

Project Address: 3233 NE 17th Ave

Appellant Name: Maja K. Haium

LUR or Permit Application #: Other

Stories: 2 Occupancy: Single-family Residential Construction Type: Wood Frame

Fire Sprinklers: No

Plans Examiner/Inspector: Joe Disciascio

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

R311.7.1 Width; R311.7.5 Landings for stairways

Requires

Existing stairways: An existing stairway to new living space may be steeper, narrower and have lower headroom than the current code allows:
Width: Must be at least 30 inches
Landings: Are required at the top and bottom of stairs. The landings' length and width must be at least 30 inches wide and 30 inches long and have at least 6'2" headroom. A top landing is not required for interior stairs where a door does not swing over the stairs and the door does not open to the exterior.

Code Modification or Alternate Requested

Minor modification to existing stair.

Proposed Design

Retain the existing stair as is, which has the following dimensions:

  • Width (counting from top of the stairs):

First stair: 29.5"
Second stair: 29"
Third stair: 29.5"
Remaining stairs: 36"

Landings (counting from the exterior door):
Top landing: 25.5" wide (23.5" where existing wall briefly juts out) x37" long
Bottom landing: 36.25" wide x 28" long

Reconsideration Text

Width was measured inaccurately in first appeal. After visit from city inspector to clarify measurements, new design removes wall above existing handrail so all stairs measure at least 30" from new handrail to new wall and several stair widths measure 36".

New risers permit bottom landing to measure 36.25" wide x 30" long.


Reason for alternative

The stair is original to the 1922 house and serves the basement, which the homeowner wants to finish with a gym, bathroom and entertainment center. The existing stair does not meet all current regulations and altering or replacing it would require extensive renovations. the existing stair does meet the rise/run and headroom requirements, and the majority of steps meet the width requirements.

The stair currently functions very well for accessing the basement and the homeowner does not see it as a safety hazard.

Reconsideration Text

The stair is original to the 1922 house and, when looking at the view from the top of the stairs, both the existing wall on the right and the wall at the bottom of the stairs are load-bearing concrete walls that cannot realistically be modified. However, the existing wall on the left is neither load-bearing nor concrete and removing it increases the stair width to a minimum of 30" at the top of the stairs and 36" for the bottom half of the stairs. Replacing the risers permits the landing at the bottom of the stairs to measure a minimum of 30" in length and width.

These modifications would permit the stairs to function very well for accessing the basement.

Appeal Decision

"Request to allow reduced stairway width and landing dimensions: Granted provided the stairway does not serve an ADU.
Note: Building permit required for conversion of basement to habitable space."

"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."