Appeal 32383

Appeal Summary

Status: Decision Rendered

Appeal ID: 32383

Submission Date: 7/1/24 11:58 AM

Hearing Date: 7/10/24

Case #: B-005

Appeal Type: Building

Project Type: commercial

Building/Business Name: Peaceful Villa

Appeal Involves: Erection of a new structure

Proposed use: Multi-family Residential

Project Address: 4626 SE Clinton St

Appellant Name: Isaac Adams

LUR or Permit Application #: Other Demo Permit Nos: 24-025035

Stories: 4 Occupancy: R-2 Construction Type: V-A

Fire Sprinklers: Yes - NFPA 13 throughout

Plans Examiner/Inspector: Chanel Horn

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PCC 24.55.205.B.2

Requires

PCC 24.55.205.B.2:
B. Documentation Required. A permit to demolish a structure within the scope of this Section as defined in Subsection A. above will not be issued until the Bureau of Development Services (BDS) has received all of the following:

  1. If asbestos is identified in the asbestos survey: A close-out letter from the licensed asbestos abatement contractor verifying all of the asbestos identified in the asbestos survey has been abated and all required DEQ notification forms and the asbestos waste shipment form.
Code Modification or Alternate Requested

Issuance of the demolition permits prior to the submittal of the closeout documents required by the SB 871 Ordinance and PCC 24.55.205.B.2.

Proposed Design

Alternative: No work will be performed on demolition of the existing structure until all abatement closeout documents required by the SB 871 Ordinance and PCC 24.55.205 have been received and approved by BDS, and the required post-permit inspection #200 has been completed.

Reason for alternative

The hazardous materials survey on the 18 existing buildings at 4626 SE Clinton St. identified asbestos-containing building materials. Per PCC 24.55.205.B.2, asbestos abatement must be performed, and closeout documentation is required, prior to the issuance of the demolition permits. However, due to the affordable housing funding structure for the project, the developer needs the demolition permits in order to proceed with their financial closing of the construction loan which will fund the abatement and demolition phases. In addition, the developer has hired an accredited asbestos firm to work in tandem with the demolition contractor in order to simplify site mobilization, meet budgetary requirements and avoid schedule constraints that could disrupt the flow of work. We are therefore requesting that the demolition permits are allowed to be issued prior to complying with the abatement requirements of PCC 24.55.205.

Appeal Decision

"Issuance of commercial and residential demolition permits prior to the submittal of the closeout documents: 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."