Appeal 35016
Appeal Summary
Status: Decision Rendered
Appeal ID: 35016
Submission Date: 10/21/25 12:48 PM
Hearing Date: 10/29/25
Case #: B-3
Appeal Type: Building
Project Type: commercial
Building/Business Name: Satellite Apartments
Appeal Involves: other: relocate property line within 5' of garage
Proposed use: Accessory Residential Garad
Appeal Information Sheet
Appeal item 1
| Code Section | OSSC 705.5 Exterior Walls |
|---|---|
| Requires | Exterior walls shall be fire-resistant rated in accordance with Table 705.5, based on fire separation distance. Based on the Type of Construction (VB) and the Occupancy Group (S-1), a Fire Separation Distance = 10 feet or greater does not require a Fire Resistance Rating. |
| Code Modification or Alternate Requested | Utilize a no-build easement within 10' of the north building wall of the detached accessory garage to avoid alterations to the existing structure. Because the existing accessory garage will be located closer than 10 feet to the northern adjacent property line after the Replat, per Table 705.5 a 2-hr Fire Resistance Rating is required. The proposed construction is a wood structure and a wood framed roof assembly. The structure is used for storage and parking of personal vehicles for the adjacent apartment building. |
| Proposed Design | A no-build easement is proposed on the adjacent property to the north, preventing any construction within 10’ of the garage building to the north. The no-build easement results in an actual fire separation distance of 10 feet, therefore a Fire Resistance Rating of the exterior walls is not required. The no-build easement provides an alternative approach that fully complies with the building code requirements. |
| Reason for alternative | The accessory garage was built in 2003-2004 for additional parking for the Satellite Apartments while all three tax lots were under the same ownership. The property owner now wants to replat these property lines to allow these detached garages to be located on the same lot as the Satellite Apartments. This allows the two single family home lots to be sold separately if needed in the future. The garages are only allowed to be used for the parking of resident vehicles. The incorporation of the no build easement provides fully equivalent life safety protection. |
Appeal Decision
Omission of fire rated construction within 10 feet of the property line with no build easement: Granted as proposed.
Appellant must contact Jody Orrison (jody.orrison@portlandoregon.gov) for more information prior to writing the no build easement.
The easement 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 easement must be reviewed and approved by PP&D prior to recording. A copy of the recorded easement must then be provided to PP&D prior to plan review approval.
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.