Appeal 33720

Appeal Summary

Status: Decision Rendered RECONSIDERATION OF 33697

Appeal ID: 33720

Submission Date: 3/5/25 2:14 PM

Hearing Date: 3/12/25

Case #: R-002

Appeal Type: Building

Project Type:

Building/Business Name:

Appeal Involves: Reconsideration of appeal

Proposed use: Residential

Project Address: 6337 NE Alberta St

Appellant Name: Zachary Horton

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: R3 Construction Type: VB

Fire Sprinklers: No

Plans Examiner/Inspector: N/A

Plan Submitted Option: pdf   [File 1]

Payment Option: mail

Appeal Information Sheet

Appeal item 1

Code Section

R302.1 Exterior Walls

Requires

R302.1 requires a 3' fire separation distance from adjacent property lines.

Code Modification or Alternate Requested

We're proposing a conversion of the existing mixed-use structure to a single-family residence under ORSC. (The current permit you may see on file with the city will be cancelled). Our request is to apply a 6' no-build easement to the property to the north (under common ownership) to avoid any required fire separation or fire rating on the northern-facade of the structure.

Proposed Design


8'-4" no-build easement on northern neighboring property under common ownership

Reason for alternative


Existing construction is already adjacent to property line and the required continuity of fire-ratings at the roof/ceiling are cost-prohibitive compared to this solution. If approved, we will work with the LS team to create the required no-build easement and have it recorded.

Appeal Decision

"Omission of fire rated construction within three feet 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 implied property line for the purpose of determining fire separation distance for current and 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.