Appeal 33542
Appeal Summary
Status: Decision Rendered
Appeal ID: 33542
Submission Date: 10/23/24 3:29 PM
Hearing Date: 10/30/24
Case #: P-001
Appeal Type: Plumbing
Project Type: lur
Building/Business Name: Fred's Marina
Appeal Involves: other: Covenant for continued use of existing septic system following property line adjustment.
Proposed use: Marina (existing)
Project Address: 12800 NW Marina Way
Appellant Name: Sean Vermilya
LUR or Permit Application #: LUR Multnomah County Planning
Stories: 1 Occupancy: N/A Construction Type: Commercial (existing)
Fire Sprinklers: No
Plans Examiner/Inspector: Lindsey Reschke
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | OPSC 721.2 |
|---|---|
| Requires | OPSC 721.2: Abutting Lot. Nothing contained in this code shall be construed to prohibit the use of all or part of an abutting lot, provided documentation of a legal easement for access to connect a building sewer is submitted to the building official. |
| Code Modification or Alternate Requested | The project plans to utilize a covenant to provide access for continued use of an existing septic system by an existing marina, following a property line adjustment. The property line adjustment will result in the septic system and marina being located on different lots under the same owner. |
| Proposed Design | Following the planned property line adjustment, the existing marina will be located on a different lot (Tract 1 in the attached plans) than the septic system that serves it (Tract 2). A covenant is required across Tract 2 benefitting Tract 1 to allow Tract 1 to continue using the septic system on Tract 2. A covenant is planned because both properties will remain under the same ownership. The 2-inch pressure line from the lift station to the septic tank is planned to be located in a 50-foot-wide access and utility easement, covenant, and servitude on Tract 2. Where it leaves the boundary of the 50-foot-wide access and utility covenant area, the pressure line is planned to be located in a septic easement, covenant, and servitude that also includes the septic tank and drain field. |
| Reason for alternative | This alternative is required to allow the existing marina on Tract 1 to continue using the existing septic system on Tract 2 following the planned property line adjustment. Alterations to existing structures, utilities, or the septic system are not planned; this application is limited to a property line adjustment. A covenant is required because the two lots are currently under similar ownership. The covenant is planned to require an easement to be recorded should one of the properties be sold in the future to allow Tract 1 continued legal access to the septic system on Tract 2. |
Appeal Decision
Easement for lot division. Granted as proposed. Plans submitted and approved by Jim Bechtel.
"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, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
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