Appeal 33631

Portland City Code (PCC) 24.55.205.F

PCC 24.55.205.; Paragraph F

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.

Issuance of building permits for new construction prior to final inspection of the demolition permits.

The Jade Apartments is an affordable housing project funded by the City of Portland, Oregon, Housing and Community Services (OHCS), Metro, and Multnomah County. A permit-ready letter is required for financial closing.

The Residential demolition permit for the single-family residence at 2905 SE 89th Avenue ( 24-100717-RS) on the south lot is in review awaiting the 35-day wait period that will end on January 15, 2025. The hazard materials survey and all other requirements for demolition have been submitted.

Demolition permit applications have been approved for the Wood Shed (24-100686-RS) and Metal Shed (24-100683-RS) located on the north lot. A Phase 1 Environmental Site Assessment has been completed for all structures on the site and no asbestos was discovered.

Due to project specific funding source requirements common in affordable housing, evidence of a full building permit is required, or at a minimum a permit-ready letter from the authority having jurisdiction, prior to the lending agency’s closing of the loan(s) necessary to pay for construction. Without a building permit, funding for the project is not available and the cost to perform the demolition cannot occur. We request that the subsequent commercial building permits be issued concurrently with the demolition permits.

Proposed sequencing:

1. Commercial Building Permits and Demolition Permits are awarded concurrently.
2. A DEQ licensed abatement contractor removes lead-based paint materials identified in the Phase 1 Environmental Site Assessment and individual hazardous material surveys for each structure.
3. Post abatement, a clearance examination is performed to ensure that lead dust levels are below regulatory limits.
4. Demolition of the single-family residence and associated sheds occur.
5. The existing septic systems are decommissioned per OAR 340-071-0185. Note, the existing septic systems are identified on civil sheets submitted with the building permit application.
6. County Sanitarian inspects, approves, and finals the decommissioning process.
7. Clearing and grubbing of existing trees and landscape occur.
8. Site-wide demolition of existing structures, utilities, and other infrastructure occur.
9. City of Portland finals the demolition permits.
10. Construction of the new building begins.

This is an Affordable Housing Project with multiple lenders. The lending agencies require a clean permit-ready letter. Given this requirement, the existing buildings cannot be demolished prior to permit issuance. As such, the demolition of the single-family residence and associated sheds cannot occur until the commercial building permits are released.

All DEQ requirements will be completed prior to the start of new construction work on the site.