Appeal 33689

Appeal Summary

Status: Decision Rendered - Reconsideration of 33675

Appeal ID: 33689

Submission Date: 2/11/25 3:46 PM

Hearing Date: 2/26/25

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name: 9837 n lombard street

Appeal Involves: Reconsideration of appeal,occ Change from R3 to R1

Proposed use: triplex

Project Address: 9837 n lombard st

Appellant Name: dave spitzer

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: R1 Construction Type: VB

Fire Sprinklers: Yes - 13D to be new

Plans Examiner/Inspector:

Plan Submitted Option: pdf [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section	903.3.1.2
Requires	Requires a NFPA 13R system in all residential buildings under the OSSC
Code Modification or Alternate Requested	Allow for NFPA 13D system.
Proposed Design	Reconsideration text - Provide NFPA 13D system throughout triplex. To clarifity this NFPA 13D system will have the following: This system shall be one system with just one riser, This system is connected to a combined domestic/fire line (size of line needs to be verified), This system does not require any alarm or monitoring of the new sprinkler system.)
Reason for alternative	This additional unit will provide housing for a second low-income family within the multi-bedroom structure. Requiring a full sprinkler system for the entire building would impose a significant financial burden. We propose increasing the fire and sound separation in all walls and the ceiling surrounding the new unit as an equivalent protection measure. This approach ensures safety, maintains affordability, and aligns with the intent of the previously approved appeal. This submission is intended to clarify our proposal based on the prior appeal approval.

Appeal item 2

Code Section	Table 705.5
Requires	REQUIRES walls less than 10' from the property line to be 1 hour fire rated
Code Modification or Alternate Requested	This appeal requests approval to maintain the existing non-rated walls without modification. Previously, you held this appeal pending the submission of a site plan. The requested site plan is now attached. It indicates that this structure is part of a series of side-by-side duplexes, with one duplex per lot and typical 5-foot side yard setbacks. We respectfully request your consideration based on the provided documentation.
Proposed Design	Our side yard setbacks are likely 5'. To retrofit the entire South and North exterior walls to 1 hr fire rating as well as the reduction in openings would be very difficult. Reconsideration Text: We would be willing to install a sprinkler head over each window to provide equivalent protection. (You had held over this appeal requesting a site plan - that site plan is now attached. It appears this structure is one of several in a row - side-by-side duplexes - one duplex per lot. 5' typical side yard setbacks.)
Reason for alternative	The change of code from residential to commercial makes it difficult to impossible to add a unit to a duplex. In this case, it would be under 800 sf - so could be considered an adu added to a duplex. Reconsideration Text: We feel that sprinkling the new unit and above all exterior windows along the North and South walls will increase the safety of this building. (The proposed structure will now have sprinklers.)

Appeal Decision

"Item 1: Allow NFPA 13D fire sprinkler system throughout three-family dwelling in lieu of NFPA 13R: Granted as proposed.
Item 2: Allow existing exterior walls 5 feet from the property line to remain: Granted as proposed for this configuration only. A sprinkler head at each window was not considered as part of this decision and may be omitted at the owner's preference."

"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.