Appeal 34797

Appeal Summary

Status: Decision Rendered

Appeal ID: 34797

Submission Date: 5/7/25 3:17 PM

Hearing Date: 5/14/25

Case #: R-002

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Alteration of an existing structure

Proposed use: Residential

Project Address: 3630 SE Cesar E Chavez Blvd

Appellant Name: Zachary Horton

LUR or Permit Application #: Preliminary

Stories: 0 Occupancy: N/A Construction Type: N/A

Fire Sprinklers: No

Plans Examiner/Inspector: N/A

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

Code requires a pool demo to fracture the entire bottom and side walls into 6 inch pieces, remove, and fill with soil.

Code Modification or Alternate Requested

In-ground swimming pool to be removed for the top 18" only. 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.
  2. Break out 18 6-inch diameter areas in the bottom of the pool for drainage.
  3. Substrate fracturing to 6” fill.
  4. Follow City of Portland regulations 24.070.080 fills for completion of the remainder of the project.
  5. Replace with landscaping
Reason for alternative

Reduce impact to adjacent structures: The pool is within eight feet of the adjacent building (deck footings) in many locations and removal of the walls with heavy equipment would not be possible without presenting an unreasonable risk of damage to the structures and requiring structural shoring.

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 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."