Appeal 35015

Appeal Summary

Status: Decision Rendered

Appeal ID: 35015

Submission Date: 10/21/25 9:24 AM

Hearing Date: 10/29/25

Case #: R-1

Appeal Type: Building

Project Type: residential

Building/Business Name:

Appeal Involves: other: Conversion of existing finished basement to an ADU

Proposed use: Childcare / Daycare

Project Address: 4505 NE 82nd Avenue

Appellant Name: Travis Sowerby

LUR or Permit Application #: Permit 25-084143-RS

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

Fire Sprinklers: No

Plans Examiner/Inspector: John Cooley

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Building Code Guide 00-10: Accessory Dwelling Units (ADUs) Section D.2.b.3.c

Requires

“Doors are not allowed directly between the ADU and the main dwelling unit in existing buildings unless approved through an appeal.” The ADU Code Guide prohibits a direct door connection between an ADU and the main dwelling in existing buildings. Each unit must instead open into a common area separated by 20-minute rated doors.

Code Modification or Alternate Requested

Maintain an existing 20-minute fire-rated, solid-core door between the basement ADU and the main dwelling level.

Proposed Design
  • The basement ADU has its own kitchen, bathroom, bedroom, utilities, and separate exterior egress, fully meeting the definition of an independent dwelling unit.
  • The proposed door is located at the top of the interior stair connecting the two levels.
  • The door will remain normally closed and used only for childcare supervision, emergency assistance, and functional circulation related to the licensed childcare operations occurring in both levels.
  • Both levels are operated by the same family under home-occupation childcare licenses consistent with OAR 414-350 and City Title 33.203.
Reason for alternative

The door is not required for egress, mechanical, or electrical access. It is retained solely to facilitate safe supervision and efficient movement of children and staff between the two childcare levels. Installing an additional door to create a “common area” would eliminate usable space at the stair landing and would not improve fire separation performance.

Appeal Decision

Communicating door between ADU and main dwelling unit: Granted provided the door is self closing, 60 minute rated, and smoke gasketed.
Note: One hour vertical and horizontal separation to be verified during plan review. This appeal does not approve childcare use in the basement and must be reviewed for compliance under the building permit.

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.