Appeal 33711

Appeal Summary

Status: Decision Rendered

Appeal ID: 33711

Submission Date: 2/27/25 4:24 PM

Hearing Date: 3/12/25

Case #: P-001

Appeal Type: Plumbing

Project Type: commercial

Building/Business Name:

Appeal Involves: other: Nonconforming Sewer

Proposed use: Commercial

Project Address: 216 NW 15th Ave

Appellant Name: Maureen Bayer

LUR or Permit Application #: Preliminary

Stories: 1 Occupancy: B Construction Type: III

Fire Sprinklers: No

Plans Examiner/Inspector: Tina Wilson

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

OPSC 307 and 721, City Code 24.10.070(k)

Requires

Oregon Plumbing Specialty Code
Section 307.1 Exact as otherwise provided in this code, no plumbing system, drainage system, building sewer, private sewage disposal system, or parts thereof shall be located in a lot other than the lot that is the site of the building, structure, or premises serve by such facilities.

721.2 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.

Section 721.1 Building Sewer. Except as provided in Section 721.2, no building sewer shall be located in a lot other than the lot that is the site of the building or structure served by such sewer, nor shall a building sewer be located at a point having less than the minimum distances referenced in Table 721.1.

Portland City Code 24.10.070(k)
Maintenance Agreements. If any building element, structure, or utility crosses a real property line, a maintenance agreement and access easement must be signed by all affected property owners and recorded in the County Recorder’s Office on all affected properties. The agreement and easement must address the repair, upkeep, and replacement of and access to all elements, structures, and utilities that cross a real property line. Prior to recording, the maintenance agreement and access easement must be reviewed and approved by the building official. The maintenance agreement and access easement may not be modified or suspended without the building official’s prior written approval. The applicant must provide a copy of the recorded maintenance agreement and access easement to the building official prior to issuance of the building permit.

Code Modification or Alternate Requested

Temporarily allow for party line to remain, with easement in place, until sewer is placed on NW 15th.

Proposed Design

The existing sewer line for 216 NW 15th Ave runs under the adjacent residential properties (208-210 and 204-206 NW 15th Ave) before connecting to the City main on NW Davis Street. The line is 4" cast iron and runs for 50 feet before connecting with a T to the sewer line at (beneath) 208-210, which was confirmed with a flush. The line transitions from cast iron to CIPP or terracotta at approximately 91 feet where it exits 204-206 and connects to the City main. It is approximately 8 feet deep at the point of exit, and 12 feet deep at the point where it connects to the City main.

We are proposing to keep the existing condition, which requires an easement between the owners. A Temporary Sewer Line Easement and Maintenance Agreement will be recorded with the City following Portland Permitting & Development approval of the language, and execution of the document by all parties.

Reason for alternative

There is no sewer on NW 15th Avenue and no other possible option for the building to connect to City sewer.

Appeal Decision

"Sewer line serving buildings on multiple lots: Granted as proposed until sewer is installed in NW 15th.
Appellant must contact BES and PP&D's Nonconforming Sewer programs (Nonconforming@portlandoregon.gov and PPDNCS@portlandoregon.gov) for more information prior to writing the Temporary Sewer Line Easement and Maintenance Agreement."

"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.