Appeal 34967

Appeal Summary

Status: Decision Rendered

Appeal ID: 34967

Submission Date: 9/9/25 4:44 PM

Hearing Date: 9/17/25

Case #: B-2

Appeal Type: Building

Project Type: commercial

Building/Business Name: The Belmont Goats

Appeal Involves: Erection of a new structure

Proposed use: Livestock shelter

Project Address: 10421 N Lombard St

Appellant Name: Jess Kurtz

LUR or Permit Application #: Permit 25-064040-CO

Stories: 1 Occupancy: U Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Tracy Nistler

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: person

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 105.2.1

Requires

One-story detached nonoccupied accessory structures, provided that the floor area is not greater than 120 sf.

Code Modification or Alternate Requested

We are proposing to deconstruct an existing structure (permit 14-156125 DR) and reconstructing it exactly as it was originally built in a new location. We request that the requirement for structural plans and calculations be waived.

Proposed Design

We will be reconstructing an existing structure in a new location. We will reconstruct the structure exactly as it is currently built.

Reason for alternative

This structure exists and was previously approved (See PDF attachments regarding locations and permit #14-156125-DR). It will be primarily occupied by goats. Occasionally it will be occupied by people for maintenance and cleaning.
The structure is 256 square feet in plan area. This is only slightly larger than the 200 square feet allowed for exempt nonoccupied accessory structures in the 2025 OSSC expected to go into effect on Oct. 1, 2025.
Also, while this building is not on land zoned as farm and forest use, the structure’s use and occupants (goats) are consistent with the intent of buildings exempt under ORS 455.315 and OSSC Appendix C.

Appeal Decision

Omission of structural plans and calculations for 250 square foot agricultural building: Granted as proposed.

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.