Appeal 33645
Appeal Summary
Status: Decision Rendered
Appeal ID: 33645
Submission Date: 1/9/25 3:04 PM
Hearing Date: 1/15/25
Case #: R-003
Appeal Type: Building
Project Type: COMMERICAL
Building/Business Name: W+R Homeownership
Appeal Involves: Reconsideration of appeal
Proposed use: Residential
Project Address: N Knott and N Vancouver
Appellant Name: Jeff Stern
LUR or Permit Application #: LUR 24-073629- LU
Stories: 3 Occupancy: R-3 Construction Type: Type V-B
Fire Sprinklers: Yes - At Duplexes (4 units per building)
Plans Examiner/Inspector: Jason Buerkle
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | Code Guide 19:11 Townhouses |
|---|---|
| Requires | One or more townhouses in a townhouse structure may be constructed as an attached two-family dwelling where one of the two dwelling units within the townhouse conforms to the City of Portland’s requirements for Accessory Dwelling Units (ADUs). |
| Code Modification or Alternate Requested | In lieu of the allowed Townhouse with ADU configuration, this appeal requests to allow a two-family townhouse, with an “over / under” dwelling configuration, to be attached to an abutting townhome within a Townhouse Structure (defined in Building Code Guide 19:11 as a group of attached townhouses). The proposed “over/under” two-family townhouse configuration meets all other requirements of Building Code Guide 19:11. This appeal is for the “Vancouver Building” which proposes (2) two-family townhomes (one on each end of the Townhouse Structure). |
| Proposed Design | Each of the (2) two-family townhomes are designed in accordance with Building Code Guide 19:11. Each dwelling in the two-family townhomes will be separated from one another by tested and listed, 1-hour fire resistance rated horizontal and vertical assemblies. Each of the (2) two-family townhomes are proposed to be separated from their abutting townhomes according to ORSC Figure R302.2.1(3). NFPA 13-D fire sprinklers will be installed throughout the two-family townhouse units. |
| Reason for alternative | ADUs are not allowed in the CM3 zone. If this project were in a residential zone, an appeal would not be required. |
Appeal item 2
| Code Section | ORSC Section R302.4.1 (Through Penetrations). |
|---|---|
| Requires | Through penetrations in fire-resistance-rated exterior walls, privacy walls and individual or common townhouse separation walls are not permitted in townhouses. |
| Code Modification or Alternate Requested | This appeal requests to allow a communicating door, connecting two dwellings within a two-family townhouse. This appeal is for the “Vancouver Building” which proposes (2) two-family townhomes (one on each end of the Townhouse Structure). |
| Proposed Design | The proposed door is to be 60-minute rated, self-closing, include smoke gasketing, and have a privacy hardware set. The proposed door is not a required means of egress for either dwelling. Separate egress is provided from each dwelling unit. NFPA 13-D fire sprinklers will be installed throughout the two-family townhouse. |
| Reason for alternative | ADUs are not allowed in the CM3 zone. As such an appeal was submitted to allow the proposed configuration as a two-family townhouse. The client desires flexibility in how the “over / under” two-family townhouse configured dwellings can be used; specifically, to allow the potential for an extended / multi-generational family to occupy the separate units and maintain direct connection. |
Appeal Decision
"Item 1: Allow (2) of (10) townhouse dwellings to be reviewed as two-family dwellings while meeting the requirements of Building Code Guide 19-11: Granted as proposed.
Item 2: Allow rated penetration within the required, vertical, fire-resistance rated dwelling separation wall: 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 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.