Appeal 33723

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 33723

Submission Date: 3/7/25 10:59 AM

Hearing Date: 3/19/25

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: other: Reconsideration of appeal, other: Appeal to the immediate Basement Backfill and Compaction requirement portion of PCC 24.55.100.

Proposed use: Self-Storage Facility

Project Address: 1005 NE Stafford

Appellant Name: Kody Fordyce

LUR or Permit Application #: Permit (19-258538-CO / 19- 258538-FND-01-CO)

Stories: 6+ Occupancy: S-1 Self Storage Construction Type: Floors 1-3 is 1A Floors 4-6 is 2B

Fire Sprinklers: Yes - The entirety of the structure.

Plans Examiner/Inspector: Jason Butler-Brown, Jeremy Russell, Michael Liefeld, Ericka Koss, Jeff Duquette, Nancy Thorington

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

PCC 24.55.100

Requires

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

Code Modification or Alternate Requested

Reconsideration Text: We are requesting an additional two year extension of a previously approved extension to the exemption from the portion of PCC 24.55.100 that requires immediately backfilling the basement cavities for each of these houses. This extension is for the purpose of completing the necessary components of the project re-design. The site condition is fully fenced, has no squatters and has had the final perimeter erosion control finaled as part of the now closed demo permits. We have continued to inspect the property and maintain the grass / bushes as well as keep the fence maintained as per the last extension agreement.

Proposed Design

Reconsideration Text: Per the original appeal approval conditions, we have
and will continue to maintain a six-foot high chain link perimeter fence /
barricade around the entirety of the block spanning from 1005-1039 NE
Stafford St until construction of the project is completed. This fence is for
the purpose of protecting the public. In addition, the basement cavities
were not expanded beyond what was necessary for the full demolition of
the existing structure(s) per the original appeal agreement. In addition, we will continue to inspect the property as well as maintain the site grass and bushes.
Previously Approved: If the code appeal is approved, the Basement cavity(s)
of the houses will not be expanded beyond what limited excavations are
needed to remove basement foundations, basement foundation walls and
basement floor slabs of the house. The Basement cavity(s) shall be
barricaded by a fence no less than 6 feet high that is maintained until the
new construction has progressed sufficiently to remove any hazards to the
public.

Reason for alternative

Reconsideration Text: We’re currently revising our development plan for the
project due to a variety of economic and local factors. We have completed
the demolition process on several homes (1005,1015,1037-1039 NE
Stafford). Of those homes, three of them had basements (1005,1015 &
1039), that we opted not to backfill and compact. Permit application 19-
258538-FND-01-CO includes a large basement level; and the cavity of the
demolished houses will be incorporated into the excavations required for
the basement level. Because of this reason, we are requesting a two year
extension to the previously approved basement backfill and compaction
exemption(s) from the portion of PCC 24.55.100 that requires immediately
backfilling the basement cavities for each of these houses. As we are still in
the revision process, we would like to avoid the financial, environmental
and neighborhood impact of the redundant earth work until the re-design
is complete.
Previously Approved: Permit application 19-258538-FND-01-CO includes a
large basement level; and the cavity of the demolished houses will be
incorporated into the excavations required for the basement level. If
required to backfill and compact the basements as currently required, it would cause a unnecessary waste of materials, energy, equipment and
human hours due to the immediate re-excavating of the same cavities
required for the basement level of the storage facility. See attachments for
visual detail.

Appeal Decision

Demolition of a single-family residence with basement excavations to remain open: Granted until April 1, 2026. Please contact Jason Butler-Brown (503-823-4936) to discuss options for bringing the grading into compliance within that period. This decision may be revoked by PP&D if the site becomes a safety hazard.

" ""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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