Appeal 33584

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33584

Submission Date: 11/19/24 12:01 PM

Hearing Date: 12/4/24

Case #: B-001

Appeal Type: Building

Project Type: Commercial

Building/Business Name:

Appeal Involves: other: Demolition

Proposed use: Removal of existing telecom tower

Project Address: 4520 SE 18TH AVE

Appellant Name: Sarah Oneil

LUR or Permit Application #: Permit 24-081086-CO

Stories: 0 Occupancy: Telecom Construction Type: Demolition

Fire Sprinklers: No

Plans Examiner/Inspector: YE ZHUANG

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

24.55.100 & 24.55.205.F

Requires

PCC 24.55.100: “After removal of any structure all foundations that are not to beused for new construction shall be removed and all excavations filled incompliance with Chapter 24.70 of this Title, to a level of the adjoining grade.”

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.

Code Modification or Alternate Requested

Per our construction drawing notes:
REMOVE ALL FOUNDATIONS TO A DEPTH THAT ALLOWS RESTORATION OF THE TOP SURFACE WITH THE SAME MATERIALS. IF EXISTING PARKING LOT IS ASPHALT, FOUNDATION REMOVAL SHALL NOT EXCEED 12".
3.1. PER OLL SEC 6(A): UPON TERMINATION, LESSEE SHALL NOT BE
REQUIRED TO REMOVE ANY FOUNDATION MORE THAN 1 FOOT BELOW
GRADE
3.2. THE FOUNDATION WILL BE REMOVED BY INDUSTRY STANDARD
METHODS, INCLUDING HYDRAULIC BREAKERS AND OTHER
EXCAVATION EQUIPMENT. THE AREA WILL BE RESTORED TO MATCH
ITS SUROUNDINGS.

No building permit is being requested for this site. Final inspection will commence once demolition is complete.

Proposed Design

Removal of foundation to not exceed 12" and restore area to match surroundings.

Reason for alternative

Per our lease, we are not to remove any foundation beyond 12". The tower sits in an existing parking lot adjacent to storage units.
Removing the full foundation would compromise the existing LL owned structures that will remain on site.

Appeal Decision

Allow portions of mono-pole foundation to remain below a depth of 12 inches from the ground surface: Granted provided the permit drawings show the excavations backfilled to the level of the adjacent grade in accordance with Portland City Code 24.70.

"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 the 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.

Under 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, how to file a reconsideration, and how to appeal to the Building Code Board of Appeal, go to https://www.portland.gov/ppd/file-appeal/appeal-process or email PPDAppeals@portlandoregon.gov.
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