Appeal 33712
Appeal Summary
Status: Decision Rendered
Appeal ID: 33712
Submission Date: 3/2/25 6:32 PM
Hearing Date: 3/12/25
Case #: R-001
Appeal Type: Building
Project Type: residential
Building/Business Name: 1403 SE Birch
Appeal Involves: Alteration of an existing structure
Proposed use: Single Family Residential
Project Address: 1403 SE Birch St
Appellant Name: Tony Tranquilli
LUR or Permit Application #: LUR
Stories: 1 Occupancy: Single Family Residential Construction Type: VB
Fire Sprinklers: No
Plans Examiner/Inspector:
Plan Submitted Option: pdf [File 1]
Payment Option: mail
Appeal Information Sheet
Appeal item 1
| Code Section | 1R-COVNT, R305.1 |
|---|---|
| Requires | 1R-COVNT (2017-023231) "Acknowledgement of Exemption for Heating Facilities, Ceiling Heights, and/or Room Dimensions" offers an exemption to Section R305 so long as 4 conditions are met. Item 3 on this list is that the dwelling is Owner-occupied. |
| Code Modification or Alternate Requested | Request to amend language of Covenant to strike requirement that the home is Owner Occupied and allow LONG TERM leases (6 months or more) to a single- family occupant with the stipulation that information from this appeal regarding low headroom in the basement living space is shared with the renters as a condition of the lease agreement. |
| Proposed Design | Not applicable |
| Reason for alternative | The basement conversion completed in 2021 was permitted with an “Acknowledgement of Exemption for Heating Facilities, Ceiling Heights, and/or Room Dimensions” Covenant (see attachment) that requires that the dwelling is Owner Occupied. This agreement lists three low risk, permissible exemptions to the Oregon Residential Code that may be granted so long as a list of conditions are met. One of those conditions, Item 3, is that the dwelling is Owner Occupied. It should be noted that the home may be sold to another Owner and that the Covenant would transfer with the home sale. The conditions of this Covenant imply that familiarity with the home and it's converted basement living spaces with low headroom is the key concern. I am proposing to amend the requirement on the Covenant, Item 3, that requires "the dwelling is Owner Occupied” with the condition that the whole house would be rented out to a long-term, single-family occupant and that the conditions of the Covenant would be disclosed to the lessee as a stipulation of the lease agreement. This, in turn, would be equivalent to the alternative sale of the home to a future single-family occupant who would occupy the converted basement spaces on a long-term basis. |
Appeal Decision
Allow use of "Acknowledgement of Exemption for Heating Facilities, Ceilings Heights, and/or Room Dimensions" legal covenant for leased space: Denied. Proposal does not provide equivalent fire and life safety.
Appellant may contact Chris Pagnotta (503 823-6540) with questions.
Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 90 calendar days of the date this decision is published. For information on the appeals process, how to file a reconsideration, and appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.