Appeal 35090

2022 OSSC 503.1.2, 705.3 and Table 705.5

503.1.2 Buildings on same lot. Two or more buildings on the same lot shall be regulated as separate buildings or
shall be considered as portions of one building where the building height, number of stories of each building and the
aggregate building area of the buildings are within the limitations specified in Sections 504 and 506. The provisions
of this code applicable to the aggregate building shall be applicable to each building.

705.3 Buildings on the same lot. For the purposes of determining the required wall and opening protection, projections and roof-covering requirements, buildings on the same lot shall be assumed to have an imaginary line between them. Where a new building is to be erected on the same lot as an existing building, the location of the assumed imaginary line with relation to the existing building shall be such that the exterior wall and opening protection of the existing building meet the criteria as set forth in Sections 705.5 and 705.8.

TABLE 705.5
FIRE-RESISTANCE RATING REQUIREMENTS FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE

We ask to allow a canopy shade structure and storage box (Conex) to be located adjacent to each other in an outdoor
playground adjacent to an imaginary property line at the west side of these structures.

An open (no exterior walls) steel framed canopy shade structure consisting of (4) steel posts and an upper roof section with metal frame and metal roof is to be placed within a metal fenced outdoor playground. We ask that an all metal storage container intended only for secure playground toy storage be allowed to be placed on a concrete slab adjacent to the canopy. There is an imaginary property line to the west of the storage box. Both sides of this imaginary property line have the same ownership and the line acts as a lease line between the parking lot for Portland Community College and the playground for the NAYA Early Learning Center. The adjacent use to the west of this line is zoning required loading zone parking. If for any reason future development to the west occurs, the storage container could be relocated if needed. The shade structure is located 10’ from the west imaginary property line and would not be required to be fire rated per section 705.5.

The shade structure is a completely open structural engineered metal structure anchored to concrete footings. It does not significantly limit movement of occupants of the playground in any direction. The structural metal frame is of non-combustible construction. All the structures are being added to the current building project and it does not appear that there is an ’existing building’ as specified in 705.3.

The metal storage box (Conex) is also constructed of non-combustible materials. It is for secured playground equipment storage only with access limited to the Early Learning Center staff. The equipment will include strollers, bicycles and similar items for use in the playground. A sign will be posted at the entry doors stating no paints, solvents or batteries are to be stored. It has a floor area of 116 sf and therefore qualifies as exempt from permit per section 105.2.

The closest building to these structures is located to the east 22’ from the canopy roof and complies with 705.8 for wall openings. No other structures are within 30’. There is paved parking or concrete sidewalk in the lots adjacent that provide an open yard on (3) sides. There is an implied leasing line for the property split between the PCC project and the Home Forward project that is within 10’ of the storage box.

The shade structure’s foundation has been installed as located in the 8/28/2023 Permit Rev #1 set which showed both the canopy and storage box. Based on the approved drawings and completed construction, there is nowhere to move the storage box that would not conflict with required fall zones for the installed playground equipment. It would create an undue hardship on the Early Learning Center Staff if the playground storage box must be removed.

Please see Attachment _ G-100 _ SITE PLAN