Appeal 34774

Appeal Summary

Status: DECISION RENDERED

Appeal ID: 34774

Submission Date: 4/21/25 5:38 PM

Hearing Date: 4/30/25

Case #: R-001

Appeal Type: Building

Project Type: residential

Building/Business Name: none

Appeal Involves: other: Pool Demo/Decommissioning

Proposed use: Pool to be backfilled and area to be used for plantings

Project Address: 6320 SE Morrison Ct

Appellant Name: Andy King

LUR or Permit Application #: Preliminary

Stories: 2 Occupancy: single home Construction Type: wood frame on concrete

Fire Sprinklers: No

Plans Examiner/Inspector:

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

24.55.100 / 24.70.080 Fills

Requires

Per BDS, to decommission an in-ground cement pool and convert to landscaped plants and yard space, we would need to fracture the entire bottom and side walls into 6 inch pieces, remove, and fill with soil.

Code Modification or Alternate Requested

Appeal intent is to allow for the home owner's in-ground swimming pool to be removed for the top 18" only, and to allow remaining sidewalls and bottom to remain in place, not to be demolished and removed. Pool to be backfilled per BDS code 24.070.080 fills.

Proposed Design

1)Leave cement vertical side walls in place, fracturing to 12 inches below grade.

  1. Break out 18 6-inch diameter areas in the bottom of the pool for drainage.
  2. Substrate fracturing to 6” fill.
  3. Follow City of Portland regulations 24.070.080 fills for completion of the remainder of the project.
  4. Replace with yard, to include landscaped plants, compacted gravel, and flagstone patio
  5. An acknowledgement will be recorded on the property deed documenting the presence of below-grade concrete to inform potential future buyers of the below-grade structure.
Reason for alternative
  1. Reduce impact to adjacent structures

A) The pool is within five feet of the house in many locations, and removal of the walls with heavy equipment would not be possible without presenting an unreasonable risk of damage to the house or unsafe use of equipment.

  1. The house is located in high density zoning, and does not allow access for large equipment

that would be needed to fracture the entire area of cement bottom and sides.
A) There is only one 3 foot side gate on one side of the house, and access from the other three sides are prevented by permanent fencing and other property owners’ yards without feasible access.
B) Pool is located on a steep lot, with an elevation loss of 14' over longest property length of 104'. This creates more safety issues with debris removal. Disturbance of pool structure could also contribute to erosion control issues in the future.

Appeal Decision

Allow in-ground pool sidewalls and floor to remain with select demolition prior to backfill: Granted provided all remaining elements are a minimum of 18 inches below grade.

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.