Appeal 34982

Appeal Summary

Status: CANCEL

Appeal ID: 34982

Submission Date: 9/25/25 4:54 PM

Hearing Date: 10/2/25

Case #: 25-53

Appeal Type: Fire

Project Type: commercial

Building/Business Name: Abbey Lot Townhomes

Appeal Involves: Erection of a new structure

Proposed use: Home ownership

Project Address: 125 NE Alberta Street, 5015 NE Mallory Ave

Appellant Name: Nina Rubenstein

LUR or Permit Application #: Permit 25-024397-CO and 25-027595-CO

Stories: 3 Occupancy: R-2 Construction Type: V-B

Fire Sprinklers: Yes - NFPA 13R

Plans Examiner/Inspector: Zachariah Parrish

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PFC D105.1

Requires

Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus.

Exception: An aerial fire apparatus access road is not required when bottom of the eave of a sloped roof is not more than 30 feet above grade measured to the point a ground ladder would be placed during emergency operations.

Code Modification or Alternate Requested

We request a minimal decrease (4.5”) in the separation distance between the two ladder access points as required by D105.1. Per Portland Fire & Rescue ladder placement minimum separation Option 2: two ladder points are to be separated by at least ½ the long axis of the building.

Additionally, we propose the use of 35’ ladders along NE Mallory Avenue meeting Portland Fire & Rescue ladder placement minimum separation Option 1.

Proposed Design

The two 3-story wood framed structures consist of 4 townhomes each and are clad in fiber cement siding with sloped asphalt shingle roofs and equipped throughout with an NFPA 13R sprinkler system. Each townhouse is setback from its adjoined neighbor by 2’-6” allowing for ground ladders to be placed 11’ from the building at 70 degrees to reach the roof eave 30’ above grade. Along NE Alberta Street the porch stairs have been shifted to allow egress from the structure during an emergency. See attached exhibit for proposed ground ladder placement locations meeting PFC Option 2 (pink) and Option 1 (blue).

Reason for alternative

The long axis of each building is determined by applicable zoning code requirements. Each building is bracketed on the West by the required 5-foot zoning code setback and on the East by the parking stall depth requirements as measured from the adjacent alley property line. The long axis of each building measures approximately 72’-3” which is divided into 4 equal width townhome units. Due to this equity, a requirement of affordable housing, the separation distance between ladder access points is approximately 35’-9”. This is 4.5 inches short of meeting the ladder separation distance required by D105.1. We have indicated additional ground ladder placement points along NE Mallory Avenue meeting Portland Fire & Rescue ladder placement minimum separation Option 1 but will require a longer ladder. A 35-foot ladder at minimum would allow access to the roof eave however a 40 foot ladder would allow for additional rungs above the roof eave.

The administrative staff has not yet reviewed this appeal.