Appeal 34807

OSSC 705.2.3

OSSC 705.2.3: Projections extending to within 5 feet (1524 mm) of the line used to determine the fire separation distance shall be one of the following:

1. Noncombustible materials.
2. Combustible materials of not less than 1-hour fire resistance rated construction.
3. Heavy timber construction complying with Section 2304.11.
4. Fire-retardant treated wood as permitted by Section 705.2.3.1.

The modification requested is to allow the occupancy of existing Building G12 (24-049571-CO) and new Building A (24-048924-CO, 24-049294-MT) while residents of Building G12 move into Building A. Building A is being built to replace Building G12. See attached Email exchange from Steve Mortenson. Other OSSC sections 705.5, 705.8 and 1028.5. have been satisfied by an approved Covenant not to Sell Separately. (attached)

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 staged process of demolitions and construction of new buildings. A permit-ready letter is required by the State for financial closing, with the only condition being “payment of fees”

Reason for alternative
Due to the requirements of OHCS Affordable Housing Preservation Funding, temporary permanent relocation is not allowed for current residents when redeveloping a site. Moreover, this would be prohibitively expensive, and extremely disruptive for a community that has been residing at Clara Vista for more than 30 years. Thus, the project is phased in a sequence of demolition and building cycles, where new buildings are constructed and residents can move directly into the replacement buildings. (see attached phasing diagrams). In this case, once the new Building A is completed, the separation between the existing Building G12 and new Building A does not comply with OSSC 705.2.3 during the period of move out, prior to demolition of Building G12. We request that both buildings be allowed to remain occupied, for 30 days after issuance of certificate of occupancy for Building A, to allow residents to relocate to the replacement units in new Building A.

Description of Future Development
The Clara Vista Redevelopment project will provide 108 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, and 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 half 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
The current site at 5300 NE Cull Blvd consists of 12 two-floor multifamily structures that are part of the larger 108 unit Villa de Clara Vista apartments. The project was built in 1961 and remodeled in 1993. The site is occupied and professionally managed. A hazardous materials survey was completed in February 2025 and found evidence of both lead paint and asbestos/ACBM. The structures will be mitigated fully per code as part of the phased demolition. The one structure on the adjacent 6911 NE Emerson St is a single-family, one-floor home with attached garage constructed in 1964. A hazardous materials survey was completed in November 2024 and found evidence of both lead paint and asbestos/ACBM. The structures will be mitigated fully per code as part of the phased demolition. A previous Building Code Appeal (33722) was approved for simultaneous issuance of permits for demolition and New Construction. The buildings will all be demolished in a phased plan, allowing residents to remain in place during construction. (see attached Site Phasing Diagrams)

Proposed sequencing:

1. Commercial Building Permits and Demolition Permits are awarded concurrently.
2. Provide All Documentation under required under 24.55.205(B)
3. 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.
4. Post abatement, a clearance examination is performed to ensure that lead dust levels are below regulatory limits.
5. Demolition of the Single-Family Residence occurs.
6. 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.
7. County Sanitarian inspects, approves, and finals the decommissioning process.
8. Clearing and grubbing of existing trees and landscape occur.
9. Demolition of existing structures, utilities, and other infrastructure occurs on the 6911 NE Emreson site.
10. City of Portland finals out the demolition permits.
11. Construction of the new Building A begins on the Emerson Parcel.
12. Upon completion of Building A, residents will move from their current units in Building G12 (and 4 additional buildings) into replacement units in Building A.
13. Remediation and demolition of Building G12, and other existing commercial structures and construction of Buildings B and C occur in phased sequence per the construction documents.
14. Upon completion Buildings B and C, and relocation of the tenants of existing Building G2, all remaining structures will be remediated and demolished per steps 2-9 above.
15. The vacant area left after demolition of the last phase of buildings will be finish graded and planted to provide dust and erosion control.