Appeal 35094

Appeal Summary

Status: Pending

Appeal ID: 35094

Submission Date: 1/30/26 11:54 AM

Hearing Date: 2/4/26

Case #: R-3

Appeal Type: Building

Project Type: residential

Building/Business Name: Emerio Design

Appeal Involves: Erection of a new structure

Proposed use: Townhouse

Project Address: 57 NE Graham St

Appellant Name: Bonnie Magdelain

LUR or Permit Application #: Permit 2023-037447-RS

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

Fire Sprinklers: Yes - throughout

Plans Examiner/Inspector: Natalie Didion, Building Official

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

2023 ORSC R302.2.3 Utilities for townhouses

Requires

R302.2.3 Utilities for townhouses.
Shared or common use utilities shall not run beneath a townhouse. Separate utility services shall be supplied to each individual townhouse. Utilities serving an individual townhouse shall not run beneath another separate townhouse and shall not run through the attic of another separate townhouse.

Code Modification or Alternate Requested

Allow each set of stacked townhouse units to route utilities as would be allowed if one of the townhouse units was an ADU per Building Code Guide 19-11 Townhouses.

Proposed Design

This appeal is to request approval of the utilities for upper Unit 3 to be routed though lower Unit 1 and utility access to upper Unit 4 through lower Unit 2. All units will still be separated by 2-hour fire rated horizontal and vertical construction, and the utilities will not cross the 2 hour vertical separation wall that complies with the requirements of R302.2. NFPA 13D sprinkler coverage is provided throughout all 4 units.

Reason for alternative

Appeal 28143 was approved to allow a unique configuration of 4 townhouses. However, the appeal did not address utility access under and through another townhouse unit. This appeal does not lessen the fire and life safety measures approved under the original appeal. In addition, All 4 stacked units are and will remain on one tax lot. There is no intention or feasibility to sell them as separate units in the future.

The administrative staff has not yet reviewed this appeal.