Appeal 33722

Appeal Summary

Status: Decision Rendered

Appeal ID: 33722

Submission Date: 3/6/25 8:32 AM

Hearing Date: 3/12/25

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name: Clara Vista Apartments

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

Proposed use: Affordable Housing

Project Address: 6911 NE Emerson St and 5300 NE Cully Blvd

Appellant Name: Kevin Kellogg

LUR or Permit Application #: Permit 24-048924-CO, 24-049485-RS, 25-015897-CO

Stories: 4 Occupancy: R Construction Type: V

Fire Sprinklers: Yes -

Plans Examiner/Inspector: Crystle Cowen

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

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

Portland City Code (PCC) 24.55.205.F

Requires

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.

Code Modification or Alternate Requested

Request Concurrent Issuance of the demolition permit for the single family residence (24-049485-RS), the demolition permit for the 4-unit multifamily structure “Building G2” (25-015897-CO) and the new construction of 100% affordable multifamily Buildings A, B and C (24-048924-CO). The modification requested is to allow the Demolition and Residential Building Permits to be immediately issued upon payment of fees.

Proposed Design

The Clara Vista Redevelopment is a 100% affordable housing project funded by the City of Portland, Oregon Housing and Community Services (OHCS), HUD, Metro, and other sources. The development will replace the existing Villa de Clara Vista apartments in a phased process. A permit-ready letter is required for financial closing, with the only condition being “payment of fees”

Description of Future Development
The Clara Vista Redevelopment project will provide108 units of new affordable housing with construction of energy efficient, healthy, and accessible apartments in 3 new buildings, serving residents with household incomes and 30% and 60% of AMI. The project will include common areas, outdoor spaces, off-site improvements The project will be developed through an innovative partnership between nonprofit co-development partner Hacienda CDC and Gorman & Company, LLC, a national leader in affordable housing development. The project will provide much needed, new, affordable rental housing with resident services provided by Hacienda. The Site consist of four (4) parcels on NE Cully Blvd and NE Emerson St 89th in the Cully Neighborhood in Portland. The current 108 units at Villa de Clara Vista apartments will be replaced 1:1 on the eastern ½ of the current site area, allowing for an additional 2 acres of land to be developed as additional housing in the future. The vacant site left after demo of the last phase of buildings will be finish graded and planted to provide dust and erosion control. All trees, existing landscaping, sidewalks and parking lots will remain in place until the site is eventually redeveloped.

Existing Conditions at Subject Site
6911NE Emerson St - 24-049485-RS demo of SFD, no basement
The subject structure at 6911 NE Emerson St is a single-family, one-floor home consisting of 3 bedrooms and one bathroom with attached garage. The house is approximately 1,638 sq ft square feet and was constructed in 1964. The site is fenced, locked and otherwise vacant. A hazardous materials survey was completed in November 2024 and found evidence of asbestos/ACBM. Evidence of lead paint was found on the exterior trim and walls. The structure will be mitigated fully per code as part of the demolition. The residential demolition permit for the Single-Family Residence at 6911 NE Emerson St (24-049485-RS) was submitted Aug 16, 2024, and the 35- day wait period that expired on Sept 20. 2024. The hazard materials survey and all other requirements for demolition have been submitted

5300 NE Cully Blvd - Building G2 (25-015897-CO)
The subject structure at 5300 NE Cully Blvd is a 4-unit, two-floor multifamily structure that is part of the larger 108 unit Villa de Clara Vista apartments. The 2,712 sq ft structure was built in 1961 and remodeled in 1993. It houses 4 two-bedroom, 1 bath apartments. The site is occupied and professionally managed. A hazardous materials survey was completed in 2004 and updated in February 2024 and found evidence of both lead paint and asbestos/ACBM. The structure will be mitigated fully per code as part of the demolition. The Residential demolition permit for Building G2 (25-015897-CO) was submitted Mar 5, 2025.

A Phase 1 Environmental Site Assessment has been completed. Hazardous Surveys have been conducted for all structures on the Site Area and both asbestos lead paint was discovered. Remediation plans are being finalized for all other existing commercial structures.

Proposed sequencing:

  1. Commercial Building Permits and Demolition Permits are awarded concurrently.
  2. A DEQ licensed abatement contractor removes lead-based paint and ACBM materials identified in the Phase 1 Environmental Site Assessment and the hazardous material survey.
  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 occurs.
  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. Demolition of existing structures, utilities, and other infrastructure occurs on the 6911 NE Emreson site.
  9. City of Portland finals the demolition permits.
  10. Construction of the new Building A begins.
  11. Upon completion of Building A, demolition of other existing commercial structures and construction of Buildings B and C occur in phased sequence per the construction documents.
  12. Upon completion Buildings B and C, and relocation of the tenants of existing Building G2, the building will be remediated and demolished per steps 2-9 above.
  13. The vacant area left after demolition of the last phase of buildings will be finish graded and planted to provide dust and erosion control.
Reason for alternative

Due to project-specific public 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 agencies’ closing of the loan(s) necessary to pay for construction. Per State (OHCS) requirements, the permit-ready letter can have only one condition, that being “Payment of Fees”
Without a building permit, funding for the project is not available and the funds to perform the demolition cannot occur. We request that all subsequent commercial building permits be issued concurrently with the demolition permits.

Appeal Decision

Allow concurrent issuance of the demolition and new construction permits and deferred submittal of required demolition documentation: Granted provided no work will be performed on demolition of the existing structure until all abatement closeout documents required by ENB 25.01 Demolition Admin Rule and PCC 24.55.205(b) have been submitted and approved by PP&D under a deferred submittal, and the required pre-construction inspection #200 has been approved.

"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 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.