Appeal 34752

Appeal Summary

Status: Decision Rendered RECONSIDERATION OF 33736

Appeal ID: 34752

Submission Date: 4/3/25 3:21 PM

Hearing Date: 4/16/25

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name: Clifford Apt. Renovation

Appeal Involves: Alteration of an existing structure,Reconsideration of appeal

Proposed use: Low income residential apt.

Project Address: 527 SE Morrison Str

Appellant Name: Michael Roberts

LUR or Permit Application #: Permit 23-110255-CO

Stories: 4 Occupancy: R-2 Construction Type: III-B

Fire Sprinklers: Yes -

Plans Examiner/Inspector: Steve Freeh

Plan Submitted Option: pdf   [File 1]   [File 2]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Plumbing systems Chapter 2902

Requires

Plumbing fixtures shall be provided in the minimum number as shown in table 20902.1 based actual use of the building or space. Uses not shown in Table 2902.1 shall be considered individually by the Building Official and reflect the use of the space being served by the fixtures. The number of occupants shall be determined by this code.

Code Modification or Alternate Requested

Reduced plumbing fixtures on common ground floor.

Proposed Design

The Clifford Buildings ground floor has a mix of occupancy's that are accessory to the main R-2 occupancy. Namely: B, S and A-3. The assembly uses at the Community room, the lobbies and the laundry room total 157 occupants in a building of just 88 resistant units. The current design is for one (1) unisex accessible restroom within the community room.
The design also does not provide a drinking fountain because the community room will have a servery space adjacent with a supporting kitchen/bar sink/refrigerator as well as coffee and water service area for residents.

Reconsideration Text: The assembly uses at the Community room, the lobbies and the laundry room actually total 133 . Refer to Chap 29 fixture totals Exhibit included in the reconsideration for comparison.

Reason for alternative

The Clifford building is a special low-income apartment building that proves homes for individuals with very high barriers to housing, including people just off the street, transitioning out of prison/jail, and those in drug recovery. Within this environment access is restrictive and controlled and unsupervised public rooms are a problem and source for vandalism. In addition, the residents using these spaces will have access to restrooms within their living units or on each upper floor.
Lastly: support staff will have a separate restroom.

Appeal item 2

Code Section

Chapter 13 - Systematic inspection program.

Requires

City of Portland safety ordinance from 1972 to ensure that adequate fire and life safety plans with regular inspection are in place for the residents of older multi story apartments and hotels of 3 stores or more that did not meet adequate fire protection and exiting due to their design / configurations.

Code Modification or Alternate Requested

Removal of this building from the City of Portland's Chapter 13 List.

Proposed Design

With the 2025 comprehensive renovation ( permit# above) a number of prior code inadequacies of the building going back 30 plus years will be improved. Most importantly related to resident safety; the two existing enclosed exit stairs will be improved with a new direct exit passageway from the NW Stair providing direct 2hr protected access to the public way. And a new NFPA-13 sprinkler system will be installed.

Reconsideration Text: Per the plans examiner's review and request our Code Analysis drawings for this building renovation have been included as an exhibit for City's appeal review.

Reason for alternative

Primary deficiency of this chapter 13 issue: The building’s existing core and two stair configuration still need to be maintained in their current locations in order to keep the existing number of resident living units. Prior to this new full renovation neither stairway lead directly to the exterior of the building without first passing though intervening spaces. The new design with exit passageway resolves this longstanding Life Safely existing issue.

Appeal Decision

"Item 1: Allow one unisex restroom to serve common areas on the ground floor: Granted as proposed.
Item 2: Removal of building from Chapter 13 status: Granted provided the full scope of work under permit 24-081055-CO is completed and #999 Final Inspection is approved prior to removal from Chapter 13 status."

"The Administrative Appeal Board finds with the conditions noted, 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.

Under 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 how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov."