Appeal 33620
Appeal Summary
Status: decision rendered
Appeal ID: 33620
Submission Date: 12/11/24 5:49 PM
Hearing Date: 12/18/24
Case #: R-001
Appeal Type: Building
Project Type: Residential
Building/Business Name:
Appeal Involves: other: Existing detached garage
Proposed use: detached residential garage
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC 302.1 |
|---|---|
| Requires | Oregon Residential Specialty Code R302.1 - The scope of work proposed establishes a new property line adjacent to existing buildings. This potentially impacts the requirements of ORSC R302.1. ORSC R302.1 requires exterior walls that are parallel to, and less than three feet to a property line to be one-hour fire-rated with no openings, such as windows, doors, or vents allowed. Roofs and eaves of houses may project not closer than two feet to a property line. Detached garage accessories to the home located within 2 feet of a property line are permitted to have roof eave projections not exceeding 4 inches. Eaves that are less than three feet from a property line must be provided with one-hour fire-rating to the underside or fire-blocking from the wall top plate to the bottom of the roof sheathing and must not have gable vent openings. |
| Code Modification or Alternate Requested | Propose no-build easement in lieu of fire rating existing detached garage in order to approve Lot Confirmation application 24-091875 PR. |
| Proposed Design | An existing one-story detached garage with unknown fire rating is located1.2 feet from the lot line to be confirmed. Eaves on garage extend to 0.2-feet from the lot line to be confirmed. In lieu of fire rating the wall and eave of the existing detached garage, a 4.8-foot No Build Easement into the lot to be confirmed is proposed. The easement is proposed to run the length of the garage wall, approximately 21 feet. This will guarantee minimum 6 feet of separation between the walls of the existing detached garage and walls of any new development on the lot to be confirmed, and a 4 foot separation of eaves on respective structures. |
| Reason for alternative | The proposed no-build easement will provide equivalent distance between structures to meet code without fire rating existing detached garage. |
Appeal Decision
"Omission of fire-rated construction within 3 feet of the property line with no build easement: Granted as proposed. The easement must include language that establishes the implied property line at least 3 feet from the edge of the eave to determine fire separation distance for future development on the adjacent lot. The unrecorded easement must be reviewed and approved by PP&D prior to recording. A copy of the recorded easement must then be provided to PP&D before plan review approval.
The appellant should contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information before writing the no-build easement.
"
"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 the 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.