Appeal 34924

Appeal Summary

Status: Decision Rendered

Appeal ID: 34924

Submission Date: 8/4/25 2:10 PM

Hearing Date: 8/13/25

Case #: R-1

Appeal Type: Building

Project Type: residential

Building/Business Name: Urban Visions

Appeal Involves: other: Lot Confirmation

Proposed use: Residential

Project Address: 1006 NE 72ND AVE

Appellant Name: Kevin Partain

LUR or Permit Application #: LUR 25-053270-PR

Stories: 1 Occupancy: R-3 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Chanel Horn

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

ORSC R302.1

Requires

Requires that exterior walls that are parallel to, and less than three feet to a property line be one-hour fire-rated
with no openings, such as windows, doors, or vents allowed. Roofs and eaves of houses may project not closer
than two feet to a property line. Eaves less than three feet to a property line must be protected on the underside
as required for one-hour fire-rated construction unless one of the listed footnote exceptions is met.

Code Modification or Alternate Requested

Allow for the requested lot confirmation without recording a Covenant Not to Sell Properties Separately or getting final Building Permit inspection approval to modify existing structures to meet code requirements.

Proposed Design

A 7' No-Build Easement is proposed over the vacant lot that would result from the requested lot confirmation. The 7' No-Build Easement would provide for 10' of separation between walls and 7' between eaves/overhangs.

Reason for alternative

The existing dwelling is proposed to remain on its own lot after the lot confirmation in order to keep it in the City's inventory of affordable detached single family dwellings. The significant modifications needed to make structure compliant with the code would be cost prohibitive and would make an already small dwelling even smaller. Granting the appeal as proposed would maintain the structure in it's current size & layout while allowing for the development of the adjacent vacant lot. The 7' No-Build Easement would provide for the required building separations.

Appeal Decision

Omission of fire rated construction within 3' of the property line: Granted as proposed with covenant for future no build easement provided fence location is minimum 3 feet from any structure.

Appellant must contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information prior to writing the covenant.
The covenant must include language that establishes the edge of the easement on the adjacent lot as the implied property line for the purpose of determining fire separation distance for future development on the adjacent lot.
The unrecorded covenant must be reviewed and approved by PP&D prior to recording. A copy of the recorded covenant must then be provided to PP&D prior to plan review approval.

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.

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.