Appeal 33686

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33686

Submission Date: 2/10/25 9:56 AM

Hearing Date: 2/19/25

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Storage S-1

Project Address: 1228 NE Russet St

Appellant Name: Emily Sandy

LUR or Permit Application #: Other 19-168458-BD

Stories: 1 Occupancy: n/a Construction Type: S-1

Fire Sprinklers: No

Plans Examiner/Inspector: Steve Mortensen

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC Table 705.5, OSSC Table 705.8, OSSC 705.2 and OSSC 705.11

Requires

The existing building on Parcel 1 (Lots 7 and 8, Block 3, Farrel’s Addition; R161766) was permitted as an S-1 occupancy storage building only, in permit 358241 in 1956 at 1228 NE Russet St. A property line exists at the west end of the original building, a distance of 2-feet to 2.4-feet from the west building wall.
Openings in the west wall are not compliant with OSSC Table 705.5, OSSC Table 705.8, OSSC 705.2 and OSSC 705.11 due to the fire separation distance of the building's west exterior wall relative to this existing property line.
Note, this lot is currently addressed as 7515 NE 13th Avenue, but is in the process of being re-addressed to the original address of 1228 NE Russet St.

Code Modification or Alternate Requested

Allow unlimited openings in the west wall, provided a 10-foot wide by 68-deep no-build easement is executed and recorded on Parcel 2 (Lots 6, and 9-11, Block 3, Farrel’s Addition; R161765).

Proposed Design

In lieu of fire separation distance to the property line, the proposed no-build easement will be 10-feet wide, providing a total distance of at least 12-feet from the west building wall on Parcel 1. Note, the proposed width of the no-build easement is greater than required to achieve fire separation distance; but is proposed to coincide with a separate planned future vehicle area easement in the same area.

Reason for alternative

The proposed no-build easement will provide greater than required fire separation distance for a wall with unlimited openings than required by code.

Appeal Decision

"Omission of fire rated construction and unlimited openings in exterior wall within 10' of the property line with no-build easement: Granted as proposed.
Appellant must contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information prior to writing the no build easement.
The easement must include language that establishes the edge of the easement on the adjacent lot as the implied property line for the purpose of determining 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 prior to plan review approval."

"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.