Appeal 23281

Appeal Summary

Status: Decision Rendered

Appeal ID: 23281

Submission Date: 12/23/19 1:16 PM

Hearing Date: 1/8/20

Case #: B-002

Appeal Type: Building

Project Type: residential

Building/Business Name: N/A

Appeal Involves: other: Demolition (Pool)

Proposed use: N/A

Project Address: 7336 N Central St

Appellant Name: Adam Clough

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: N/A Construction Type: N/A

Fire Sprinklers: No

Plans Examiner/Inspector: Jason Butler-Brown, Amit Kumar

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

24.55.100

Requires

Per BDS, to decommission my in-ground cement pool and convert to landscaped plants and yard space, I would need to fracture the entire bottom and side walls into 6 inch pieces, remove, and fill with soil.

Code Modification or Alternate Requested
Proposed Design

Proposed Design:
-Leave cement vertical side walls in place, fracturing to 12 inches below grade.
-Break out 18 6-inch diameter areas in the bottom of the pool for drainage.
-Substrate fracturing to 6” fill.
-Follow City of Portland regulations 24.070.080 fills for completion of the remainder of the project
-Replace with yard, to include landscaped plants, compacted gravel, and flagstone patio

Reason for alternative

Reason for alternative:
Reduce impact to adjacent structures
A) The pool is within four feet of the house in many locations, and removal of the walls with heavy equipment would not be possible without presenting an unreasonable risk of damage to the house or unsafe use of equipment.
B) The pool is within 10 feet of the neighbor’s garage, presenting the same unreasonable risk should the entire structure be removed.

The house is located in high density zoning, and does not allow access for large equipment that would be needed to fracture the entire area of cement bottom and sides.
A)There is only one 3 foot side gate on one side of the house, and access from the other three sides are prevented by permanent fencing and other property owners’ yards without feasible access.

Supporting information
Plans to be completed, in line with the attached geotechnical engineering memorandum.
Request is consistent with resolution as decided in appeal ID: 8482 on 6/13/12, which is based upon substantially equivalent facts.

Appeal Decision

Demolition of pool with partial structure to remain in place: Granted provided the recommendations of the geotechnical report are implemented.
Appellant may contact Jason Butler-Brown (503-823-4936) 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.