Appeal 35048
Appeal Summary
Status: Decision Rendered
Appeal ID: 35048
Submission Date: 12/9/25 3:26 PM
Hearing Date: 12/17/25
Case #: R-1
Appeal Type: Building
Project Type: residential
Building/Business Name: Provision Group
Appeal Involves: Erection of a new structure
Proposed use: Residence
Appeal Information Sheet
Appeal item 1
| Code Section | R302.2.1(3) |
|---|---|
| Requires | Townhomes are to be separated by (2) 1-hour walls |
| Code Modification or Alternate Requested | Townhomes at this property to be separated by one 2-hour wall. |
| Proposed Design | The project was permitted with this separation for the four townhomes. It was noticed during the MHLD review for the project that in lieu of (2) 1-hour walls, it has (1) 2-hour wall that separated the units (similar to a condominium). We are proposing to add language to the easement and maintenance agreement (the LU legal document) to acknowledge the single-stud wall construction of the common walls for the townhouses and give special direction to the future owners about penetrations, attachments, and repair to the common wall. |
| Reason for alternative | The rating of the wall is the same as what is currently required. The difference is obviously that there is one stud instead of two studs. What was constructed is what is typically done for condominiums. The safety of the occupants is equal to what is currently required it will just need to be treated and acknowledged within the required maintenance agreement that is already part of the MHLD process. With the help of the planners and other city staff, we will add additional language to the agreement. |
Appeal Decision
Allow property line to separate a common 2-hour fire resistance rated wall: Granted as proposed.
Appellant may contact Sean Williams (sean.williams@portlandoregon.gov) for additional language to be added the land use agreement.
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.