Appeal 34801
Appeal Summary
Status: Decision Rendered - RECONSIDERATION OF 34772
Appeal ID: 34801
Submission Date: 5/9/25 8:29 AM
Hearing Date: 5/21/25
Case #: B-001
Appeal Type: Building
Project Type: commercial
Building/Business Name:
Appeal Involves: Reconsideration of appeal
Proposed use: NA
Project Address: 3000 NW St Helens Rd
Appellant Name: Chris Kramer
LUR or Permit Application #: Permit 22-152464-CO
Stories: 0 Occupancy: NA Construction Type: NA
Fire Sprinklers: No
Plans Examiner/Inspector: Ericka Koss, Jason Butler-Brown
Plan Submitted Option: pdf [File 1] [File 2]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 24.70 |
|---|---|
| Requires | 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 | Extension of the approved foundation removal date. |
| Proposed Design | Original text: Building demolition with foundation to remain: Granted provided the building foundation is removed by 07-31-2025. Reconsideration Text: Building demolition with foundation to remain: Granted provided the building foundation is removed by 07-31-2027. |
| Reason for alternative | Original text: The is currently vacant. The existing buildings (former office and former warehouse) have become a public nuisance due to constant vandalism and trespassing. In addition, the site is a known contaminated site and investigation of the subsurface conditions beneath the concrete foundation has not been completed. DEQ project manager is supportive of the approach to leave the concrete foundation in-place pending findings of the site investigation. Filling the vaults and sumps will provide health and safety protections for potential trespassers following removal of the building structures. The site will remain fenced to prevent unlawful entry. Reconsideration Text: Removal of the foundation was dependent upon completion of environmental investigation activities being performed under DEQ oversight. Investigation activities are on-going. The concrete foundation continues to serve as an interim cap to prevent direct contact with subsurface impacts while the formal remedial action process takes place. The building demolitions were completed, and the site remains vacant and fenced and former sumps and vaults have been filled. Reconsideration Text #2 - Appeal board requested: "Please provide support documentation to demonstrate progress of ongoing environmental investigation with DEQ oversight." Added as attachments to this response are a DEQ-approved work plan for the current phase of cleanup activities, and an estimated project schedule/timeline. The DEQ Cleanup Program Project Manager has also agreed to be available for questions or clarification, if needed: mark.pugh@deq.oregon.gov |
Appeal Decision
Building demolition with foundation to remain: Granted provided the building foundation is removed by 07-31-2027.
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.