Appeal 35067
Appeal Summary
Status: Decision Rendered- Reconsideration of 33428 (8/16/24)
Appeal ID: 35067
Submission Date: 1/7/26 2:43 PM
Hearing Date: 1/14/26
Case #: R-2
Appeal Type: Building
Project Type: residential
Building/Business Name: Polymath Studio Architecture LLC
Appeal Involves: Alteration of an existing structure
Proposed use: Single family residential
Project Address: 714 SW 48th Ave
Appellant Name: Sean Barnett
LUR or Permit Application #: Preliminary
Stories: 2 Occupancy: R-3 Construction Type: Vb
Fire Sprinklers: No
Plans Examiner/Inspector: TBD
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | R312.1.3 |
|---|---|
| Requires | Guards shall not permit the passage of a sphere greater than 4" in diameter. |
| Code Modification or Alternate Requested | We are proposing to make modifications to an existing guard, which includes an opening of 5.5" near the top of the guard (the rest of the guard below this opening is a solid wall). The existing wall/railing configuration is shown in drawing #1 on the attached sheet of drawings. We would like to replace the metal railing part of the guard, while keeping the wall below in place; we ask permission to install a railing that maintains the existing 5.5" opening near the top of the wall, with a reduced overall height of 35" above the adjacent walking surface OR permission to install a railing that results in a 6.5" opening near the top of the wall, while maintaining the existing overall height of 36" above the adjacent walking surface. |
| Proposed Design | The railing scenario that maintains the existing 5.5" opening, with the overall height reduced to 35", is shown in drawing #2 on the attached sheet. The railing scenario that results in a 6.5" opening, while maintaining the existing overall height of 36", is shown in drawing #3 on the attached sheet. |
| Reason for alternative | For aesthetic as well as cost-control reasons, we would like to keep the configuration of the new railing similar to that of the existing, without having to add a second horizontal rail component into the system. This guard exists at a private residence, in a quiet neighborhood with little foot traffic. Home owners park their cars in the garage, and use their card to go everywhere; thus they do not frequently interact with this guard. All proposed structural changes will be engineered by a licensed structural engineer, and we will obtain a building permit for the proposed changes. |
Appeal Decision
Item 1a: Request to lower guardrail height to 2'-11": Denied. Proposal does not provide equivalent life safety.
Item 1b: Request to increase guardrail opening to 6.5": Granted as proposed.
For the item granted, 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 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.
Pursuant to 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 appealing to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.