Appeal 21967
Appeal Summary
Status: Decision Rendered
Appeal ID: 21967
Submission Date: 10/3/19 6:14 PM
Hearing Date: 10/9/19
Case #: B-004
Appeal Type: Building
Project Type: commercial
Building/Business Name: Garfield Veterans Apartments
Appeal Involves: other: Demolition of Existing Structure
Proposed use: Existing structure is 4-plex apartment, new structure is 28-unit apartment
Project Address: 6700 NE Garfield Ave
Appellant Name: Nate Ember
LUR or Permit Application #: Permit 19-181253-CO
Stories: 1 Occupancy: R-2 Construction Type: V
Fire Sprinklers: No
Plans Examiner/Inspector: Jed Stoken, Jason Butler-Brown
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | PCC 24.55.100 |
|---|---|
| Requires | After removal of any structure all foundations that are not to be used for new construction shall be removed and all excavations filled in compliance with Chapter 24.70 of this Title, to a level of the adjoining grade. Per 24.55.205.F, demolition permit final inspection must be approved prior to the issuance of subsequent building permits on the site. |
| Code Modification or Alternate Requested | |
| Proposed Design | Because the existing basement being demolished coincides with the footprint and depth of the new foundation to be excavated (see attached plan), we propose to leave the demolished basement excavation open for re-use in the new structure. The excavation is one level deep and following demolition will be laid back at a 2:1 slope. It also occurs in the middle of the site away from other nearby structures, thereby eliminating risks for people and adjacent structures. The site is also fully fenced and secured on all sides. The demolition is currently in progress, and the building permit for the new structure is entering pre-issuance. This timing should entirely prevent the basement excavation from sitting unused, or limit it to just a few days at most as the building permit should be approved in time for the work to continue. |
| Reason for alternative | Backfilling and compacting the basement excavation in order to close the demo permit only to excavate it out again a day or two later when building construction begins is wasteful in time, money, and environmental resources. The proposed design addresses any concerns with safety, and approval of this appeal would allow construction activities to proceed uninterrupted, thereby eliminating the risk of an unused excavation sitting vacant. |
Appeal Decision
Demolition of basement with omission of backfill: Granted provided the permit for new construction to reuse the excavation is issued within 360 days of the approval of this appeal. Failure to meet this condition will require the excavation to be backfilled to the level of the adjoining grade in accordance with PCC 24.70. The City will open a dangerous building (DB) file to verify this condition.
Appellant may contact John Butler (503 823-7339) with questions.
The Administrative Appeal Board finds with the conditions noted, 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, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.