Appeal 33727
Appeal Summary
Status: Decision Rendered
Appeal ID: 33727
Submission Date: 3/12/25 5:27 PM
Hearing Date: 3/19/25
Case #: R-001
Appeal Type: BUILDING
Project Type: Residential
Building/Business Name:
Appeal Involves: Alteration of an existing structure
Proposed use: ADU
Appeal Information Sheet
Appeal item 1
| Code Section | ORSC R101.2 |
|---|---|
| Requires | The Oregon Residential Specialty Code, as adopted by the State of Oregon, Building Codes Division, includes portions of the International Residential Code and International Fire Code pertaining to any construction, reconstruction, alteration, repair and installation of materials and equipment in or part of buildings and structures covered under the state building code |
| Code Modification or Alternate Requested | The appeal request is to establish existing conditions for, and occupancy of the historical building with kitchen, bathroom, dining, living and sleeping areas be accepted as existing |
| Proposed Design | The existing historical single story structure with crawlspace, is comprised of walls made of 2x wood studs with batt insulation and 1/2" Gypsum wallboard finish, lap siding over sheathing on the exterior, the floor and ceiling or roof assemblies consist of 2x wood joists with batt insulation, hardwood flooring over wood subfloor and 1/2" Gypsum ceiling panels |
| Reason for alternative | The existing historical single story structure with crawlspace consists of a kitchen, bathroom, dining, living and sleeping areas. The construction of the structure dates to the 1940’s and was existing when the Brentwood- Darlington Neighborhood (previously Errol Heights) was annexed by the City of Portland in 1986. |
Appeal item 2
| Code Section | ORSC R302.1 |
|---|---|
| Requires | ORSC Table R302.1 requires that exterior walls located <3’ to the property line shall be 1-hour fire-resistant rated (the West wall of the existing building is located 2’-1" and North wall 1’-5" to the property line) |
| Code Modification or Alternate Requested | The appeal request is to permit an alternate 1-hour fire rated exterior wall assembly consisting of (2) layers of 5/8" Type X Gypsum sheathing installed on the exterior side of the wall |
| Proposed Design | Provide (2) layers of 5/8" Type X Gypsum sheathing installed on the exterior side of the West and North walls only |
| Reason for alternative | The existing structure is being converted to an ADU. T1-11 siding is existing on the West wall, this siding will be removed and replaced for Zoning compliance and the interior finish is 1/2" gypsum board, therefore providing (2) layers of 5/8" Type X Gypsum sheathing to the exterior face of the wall will be more cost effective and allow for more ease of construction to occur from the exterior side of the wall leaving the interior wall and finishes as is. (Refer to attached survey, partial site plan with ADU floor plan, elevation drawings, wall sections & details) |
Appeal Decision
"Item 1: Establish legal occupancy of the building as a dwelling unit: Denied. The proposal is inconsistent with the permit history for this structure.
Appellant may contact Chris Pagnotta (503 823-6540) with questions.
Item 2: Request to provide alternate application of 1-hour fire-resistance rating at exterior walls: Granted as proposed. Note, that this appeal was limited to the walls only and did not review eaves or rake overhangs. "
"For the item granted, 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 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.
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.
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