Update Date and Time - June 3, 2014 - 11:55 AM
On May 28, 2014, the Oregon Land Use Board of Appeals (LUBA) affirmed the City’s approval of permit number 12-181319-REV-03-CO, and rejected the petitioners’ arguments.
The project is proceeding as permitted.
Update Date and Time - March 13, 2014 - 3:40 PM
On March 6th, the petitioners filed their brief with the Oregon Land Use Board of Appeals (LUBA). In their brief, the petitioners argue the City and applicant failed to comply with LUBA's earlier decision and the City's Storm Water Management Manual (SWMM) concerning the location of a storm water disposal feature (a drywell) for this project. The City's response brief is due at LUBA on March 27th.
Update Date and Time - January 28, 2014 - 1:00 PM
An appeal of the third revision to the building permit for the Beaumont Village project at 4429 NE Fremont Street (No. 2012-181319-REV-03-C0) was filed with the Oregon State Land Use Board of Appeals (LUBA) on January 23, 2014. The revision was approved and issued by the City on January 2, 2014. The petitioners filing the appeal are Beaumont-Wilshire Neighbors for Responsible Growth and other individuals. The third revision to the building permit addressed the issues that were the basis for LUBA's remand of the original building permit as revised, specifically the gas barbecue, trellis, and location of the drywell.
The City will file the record with LUBA by February 13, 2014.
Update Date and Time - January 10, 2014 - 3:50 PM
On January 2, 2014, BDS approved and issued Revision 3 to permit no. 12-181319 CO. The revision addressed the two minor development features that LUBA agreed did not comply with Zoning regulations. Revision 3 included removal of the gas barbeque and trellis out of the required rear setback. LUBA's final assignment of error was that a drywell location does not comply with the required 10' setback from the foundation wall of the new building that is required by Portland's Plumbing Code and referenced in the Stormwater Management Manual.
The location of the drywell already exceeded the Plumbing Code requirement of 5' from property lines, but it was positioned 6'-1" from the building foundation wall.
To address the Plumbing Code requirements, the developer submitted a geotechnical evaluation of the site conditions that specifically evaluated the location of the drywell in regards to potential impact to the building foundation wall. That report found that the location of the drywell would not negatively impact the building foundation wall, given the soil conditions at the site and the overall stormwater disposal system design.
The developer, using this geotechnical information, applied for and received an approved Plumbing Code Appeal. The City of Portland has an administrative appeal board as required by State law that is made up of representatives of many work groups that are affected by these kinds of decisions. The board meets weekly and makes decisions with appropriate representatives present. The plumbing code appeal (no. 10342) was approved as submitted.
In addition, the setback exception approved in the Plumbing Code appeal was then reviewed through the Stormwater Management Manual Special Circumstances process. That review is undertaken by a standing group of Bureau of Environmental Services (BES) policy and technical experts that review exceptions from the Stormwater Management Manual in the context of how the development proposal meets stormwater management manual and system connection requirements. In this case, the proposal was reviewed in the normal manner and the committee determined that although the drywell did not meet BDS’s setback requirements, Stormwater Management Manual and stormwater system requirements were met.
At this time, construction is proceeding on the issued Revision 3.
Update Date and Time - December 6, 2013 - 2:32 PM
On December 4, 2013, the State of Oregon Land Use Board of Appeals (LUBA) remanded the approved building permit revision for Beaumont Village (12-181319-REV02-CO). LUBA rejected several of the petitioners' claims of error, but agreed with the petitioners that the drywell location does not comply with Storm Water Management Manual requirements and two minor features, a built-in gas barbecue and trellis, are located in the required rear setback. The last date to appeal LUBA's decision to the Oregon Court of Appeals is December 26, 2013. A permit revision will be required to address the errors LUBA identified.
Please contact Mike Hayakawa, Supervising Planner, at 503-823-7751 with any questions.
Update Date and Time - August 13, 2013 - 8:10 AM
The City approved permit revisions (12-181319 REV 02 CO) on July 24, 2013, and filed the decision approving the revisions with LUBA on July 31, 2013.
Update Date and Time - July 25, 2013 - 1:30 PM
On June 20, 2013, a revision to the building permit for Beaumont Village was submitted (12-181319 REV 02 CO). Its purpose was to submit value-added revisions to make zoning clarifications, update construction details, add windows in sldewalks, modify the floor plan and plumbing, and demolish an existing CMU wall on the property. On July 24, 2013, this permit was issued.
Update Date and Time - June 17, 2013 - 12:30 PM
On Wednesday, June 12, 2013, at the applicant’s request, the City of Portland filed a Notice of Withdrawal for Reconsideration in this case. The reason for this action is that the applicant intends to revise the building permit (12-181319 CO). When the building permit revision is submitted and approved, the City will file the decision approving the revision with LUBA.
Update Date and Time - May 7, 2013 - 10:00 AM
With the developer's concurrence, on Tuesday, April 30, 2013, the City notified LUBA that it was withdrawing the building permit decision for reconsideration. This allowed the City and the developer to address a minor code compliance issue related to the main entrance. This will not affect the ability of the developer to continue construction.
On May 1, 2013, the City approved a revision to this permit (12-181319 REV 01 CO). The revision clarifies that main entrances will remain unlocked during regular business hours. The City filed the revised decision with LUBA on May 3, 2013.
Update Date and Time - April 17, 2013 - 8:00 AM
An appeal of Building Permit No. 12-181319 CO was filed on Wednesday, April 10, 2013, with the State of Oregon Land Use Board of Appeals (LUBA). The Notice of Intent to Appeal the permit was filed by Beaumont-Wilshire Neighbors for Responsible Growth and others. The permit, issued on Friday, March 22, 2013, is for "Beaumont Village," a 4-story project with 50 multidwelling units and ground floor commercial space. The project is located at 4425 NE Fremont Street. Construction has begun and the permit status is "Under Inspection."
The City must file the record for the building permit with LUBA no later than May 1, 2013. After the record is filed, the petitioners have 21 days to file their brief with LUBA. Construction may continue during the duration of this proceeding.