Appeal 32379

Appeal Summary

Status: Decision Rendered

Appeal ID: 32379

Submission Date: 6/27/24 1:06 PM

Hearing Date: 7/10/24

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Erection of a new structure,other: Demolition

Proposed use: Multi-Family Affordable Housing

Project Address: 8205 SW Barbur Blvd.

Appellant Name: Spencer Deinard

LUR or Permit Application #: Permit 24-027015-RS

Stories: 4 Occupancy: R-1 Construction Type: V-A

Fire Sprinklers: Yes - Throughout

Plans Examiner/Inspector:

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PCC 24.55.205.F and 24.55.100

Requires

PCC 24.55.205.F

Demolition Permit Compliance Prerequisite for New Building Permit. No building permit for a new structure on the site that is subject to the demolition permit (including all lots in a land division or lot confirmation) will be issued until the final inspection for the demolition permit has been completed and approved.

PCC 24.55.100
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.

Code Modification or Alternate Requested

Issuance of commercial building permits for new construction with demolition permit(s) to remain open for an existing Single Family Residence and its associated Garage at 8050 SW Capitol Hill Road.

Proposed Design

Alternative: The subsequent commercial building permit will include the demolition of one Single Family Residence and its associated Garage with the addition of three (3) new Multi-Family buildings. The demolition of these structures falls under the requirements of residential demolition while other existing on-site structures are covered under the commercial permitting process. This is an Affordable Housing Project, and due to its financial funding process, the Project must have Commercial Building Permits in hand prior to receiving Project Funding. As such, the demolition of the Single-Family Residence and associate Garage cannot occur until the Project Building Permits are released. Therefore, we request that the subsequent commercial building permits be issued after demolition permit(s) have been filed for the Single-Family Residence and Garage that are scheduled for removal, but prior to all DEQ and lead & asbestos requirements being completed, and the final structural inspection completed for all structures to be removed.

Alternative: The subsequent commercial building permit will include the demolition of one Single Family Residence and its associated Garage with the addition of three (3) new multi-family buildings. We request that the excavated basement of the Single-Family Residence not be back-filled until the required grading for site retaining walls and the new buildings begin after the issuance of the subsequent commercial building permit.

Proposed sequencing is as follows:

  1. Building Permits and Demolition Permits are awarded concurrently.
  2. Phase 1 Environmental Site Assessment and Phase 2 Hazardous Material Survey is performed on the single-family residence and associated garage by a licensed environmental engineering firm.
  3. A licensed abatement contractor is hired to remove hazardous materials prior to the start of any demolition.
  4. Prior to the start of any demolition, the abatement contractor removes hazardous materials and hires a 3rd party to test the areas post abatement to confirm no hazardous materials remain.
  5. City inspection of hazardous materials abatement.
  6. Demolition of the single-family residence and associated garage.
  7. Special soils inspection performed per PCC 24.20.010.
  8. The existing septic tank is located.
  9. The existing septic tank is inspected by County Sanitarian.
  10. The existing septic tank is decommissioned per OAR 340-071-0185.
  11. Clearing and grubbing of existing trees and landscape scheduled for removal.
  12. Site grading for required retaining walls is performed.
  13. The excavated single-family residence and associated garage are back-filled, compacted and inspected per PCC 24.20.010.
  14. Site wide demolition of existing structures, utilities and other components scheduled for removal.
  15. Construction of new structures begins.
Reason for alternative

This is an Affordable Housing Project, and due to its financial funding process, the Project must have Commercial Building Permits in hand prior to receiving Project Funding. As such, the demolition of the Single-Family Residence and associate Garage cannot occur until the Project Building Permits are released.
All DEQ and lead & asbestos requirements will be completed prior to new work being started in any given area. In addition, the back-fill of Single-Family residence Garage as well as the existing commercial structure on-site (Barbur Rentals) will be coordinated with grading for the new structures.

Appeal Decision

"Issuance of building permit for new construction prior to final inspection of the demolition permit: Granted provided no demolition work commences until a revision permit has been approved to verify compliance with PCC 24.55.205.B.1&2.
All demolition work is subject to demolition permit inspections as outlined in PCC 24.55.205.D.1-3 and Demolition Administrative Rules. Failure to complete demolition permit inspections in compliance with code and rules will result in enforcement as outlined in Demolition Administrative Rule Section VIII."

"The Administrative Appeal Board finds 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) 823-6251 or come to the Development Services Center."