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:

  1. The danger that materials may be swept into other lands to the injury of others;

The expectation is there is relatively low risk.

  1. The danger to life and property due to flooding or erosion damage;

The expectation is there is relatively low risk.

  1. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

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.

  1. The importance of the services provided by the proposed facility to the City;

No expected impact.

  1. The necessity to the facility of a waterfront location, where applicable;

This is not a waterfront location.

  1. The availability of alternative locations, not subject to flooding or erosion damage;

Alternative locations not available.

  1. The compatibility of the proposed use with existing anticipated development;

The use is compatible.

  1. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management Program for that area;

The use is compatible.

  1. The safety of access to the property in times of flood for ordinary and emergency vehicles;

The location does not change the existing access.

  1. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

No expected changes to the existing Zone AH hazards.

  1. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

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."