Appeal 33499
Appeal Summary
Status: Decision Rendered
Appeal ID: 33499
Submission Date: 9/27/24 10:43 AM
Hearing Date: 10/9/24
Case #: R-001
Appeal Type: Building
Project Type: residential
Building/Business Name: Storage Shed
Appeal Involves: Alteration of an existing structure
Proposed use: Accessory
Project Address: 5326 SE 118TH AVE
Appellant Name: Jason Butler-Brown
LUR or Permit Application #: Permit 23-052731-RS
Stories: 1 Occupancy: R-3 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: Jason Butler-Brown
Plan Submitted Option: pdf [File 1]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | PCC 24.50.060.F.2.b |
|---|---|
| Requires | For residential construction, spaces below the lowest floor that are subject to flooding are prohibited unless they are used solely for parking of vehicles, building access or limited storage and are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing the entry and exit of floodwaters. |
| Code Modification or Alternate Requested | Following the FEMA Floodplain Management Bulletin P-2140, Floodplain Management Requirements for Agricultural Structures and Accessory Structures, allow for the storage building to be wet-floodproofed without the building having a primary use on a higher floor located above the flood protection elevation. The use of the building is for limited storage. |
| Proposed Design | Following the FEMA Floodplain Management Bulletin P-2140, Floodplain Management Requirements for Agricultural Structures and Accessory Structures the building will be constructed following the applicable requirements of PCC 24.50.060 with the exception of the building having a higher floor; e.g. adequate flood openings, and flood damage resistant material construction below the flood protection elevation. |
| Reason for alternative | FEMA Floodplain Management Bulletin P-2140, Floodplain Management Requirements for Agricultural Structures and Accessory Structures allows for some accessory structures to be constructed using wet floodproofing techniques. Portland City Code does not have a pathway, absent an appeal, to allow accessory structures to constructed using wet floodproofing techniques. As required by PCC 24.50.070.B - Variances, all relevant factors and standards specified in the Chapter must be considered as well as the following criteria:
The expectation is there is relatively low risk.
The expectation is there is relatively low risk.
Permit drawings show use for limited storage and/or parking of vehicles which follows the guidance of FEMA Floodplain Management Bulletin P-2140, Floodplain Management Requirements for Agricultural Structures and Accessory Structures.
No expected impact.
This is not a waterfront location.
Alternative locations not available.
The use is compatible.
The use is compatible.
The location does not change the existing access.
No expected changes to the existing Zone AH hazards.
No expected changes. |
Appeal Decision
Allow for the storage building to be wet-floodproofed without the building having a primary use on a higher floor located above the flood protection elevation: 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."