Appeal 33418

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33418

Submission Date: 8/7/24 4:03 PM

Hearing Date: 8/14/24

Case #: B-002

Appeal Type: Building

Project Type: commercial

Building/Business Name: Strong Property Housing

Appeal Involves: Erection of a new structure,other: Demo of existing single family residential building and garage

Proposed use: Multi-family Housing

Project Address: 4985 N Williams Ave

Appellant Name: Bryan Bahr

LUR or Permit Application #: Permit 24-011154-CO

Stories: 4 Occupancy: R-2 Construction Type: 5-A

Fire Sprinklers: Yes - FULLY SPRINKLERED THROUGHOUT

Plans Examiner/Inspector: Brett Hulstrom (processing), Robert Keal, Lisa Minakami, Ye Zhuang, Jeremy Russell

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Portland City Charter, Title 24.55.100 and 24.55.205.F

Requires

PCC 24.55.100 – Demolition – Debris – Barricades – Nuisances.
Requires removal of any structure, all foundations that are not to be used for new construction shall be removed and all excavations be (back)filled in compliance with Chapter 24.70, to a level of the adjoining grade.

PCC 24.55.205.F – Site Control Measures in Residential Demolitions.
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.

For reference - precedent appeal 27996, appeal item 1.

Code Modification or Alternate Requested

We request that the new commercial building permit be issued prior to final Demolition permit completion/approval for the following demolition permit/addresses: 4985 N Williams Ave. Portland Oregon, 97213

Proposed Design

This site requires demo of (2) existing structures (existing single family house and detached garage) for the new construction of (1) multi-family affordable housing building. We request that the new commercial building permit be issued while demolition permits are allowed to remain open.

In addition, we request to leave portions of the site, excavated from demolition work, open and not filled or graded to ‘adjoining grade.’ We plan to not backfill site areas until grading and foundation work for new building begins construction. All DEQ, lead and asbestos abatement requirements will be completed prior to new work. Any backfill will be coordinated with the grading and structural foundation work of the new structure. Temporary 6-ft fencing will be installed around the entire site perimeter.

Reason for alternative

The proposed development will provide additional affordable housing units to the area. To ensure the success of the project, it is critical to prioritize the most efficient means and methods for delivering new units with urgency.

Backfilling site areas that will need to be re-excavated for new construction is wasteful and time consuming. The demolition of existing structures should be executed in a manner that is coordinated with the new construction to minimize delays and expense. Approval of this requested appeal will alleviate burdensome financial costs and wasted time.

Appeal Decision

Issuance of building permit for new construction prior to final inspection of the demolition permit: Granted provided all required inspections except #210 Site Stabilization Inspection, #299 Structural Final, and #999 Final are approved prior to issuance of the new construction permit and all demolition permit requirements are met prior to beginning new construction building permit work.

"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."