Appeal 34981

Appeal Summary

Status: Decision Rendered

Appeal ID: 34981

Submission Date: 9/25/25 1:16 PM

Hearing Date: 10/1/25

Case #: B-1

Appeal Type: Building

Project Type: commercial

Building/Business Name: Blackstone & Montgomery Residence Halls

Appeal Involves: Alteration of an existing structure,Reconsideration of appeal

Proposed use: Demo

Project Address: 1802 SW 10TH AVE

Appellant Name: Nick Mira

LUR or Permit Application #: Permit Permit 25-059915-CO

Stories: 5 Occupancy: R-2 Construction Type: III-B

Fire Sprinklers: Yes - Montgomery - partial

Plans Examiner/Inspector: Jeff Duquette

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

PCC 24.55.100 – Demolition of Structures and Site Development Requirements BDS Policy BOD 24-02

Requires

Per PCC 24.55.100: “All foundation elements that are not to be used for new construction are required to be removed and all excavations filled in to a level of the adjoining grade in accordance with City Title 24.70.080 requirements.”

Code Modification or Alternate Requested

Request to allow portions of existing foundation elements to remain in place and for the excavation to remain open because future construction will reuse the excavation. This request is intended to:

  • Provide lateral soil support of adjacent grade.
  • Maintain stability of existing walkways.
  • Limit disturbance to existing trees designated to remain.
  • Reduce unnecessary excavation and backfill costs, given the imminent redevelopment of the site with a new building.
Proposed Design
  • Existing foundation walls will remain temporarily where needed to retain soil and support adjacent walks and grades.
  • Civil Demo & Erosion Control Plan (Sheet C0.50) specifies backfill placement to bring excavations to safe, stable levels.
  • Shoring, as indicated on Overall Plan S1.0 and Details 1 & 2/S2.0, will provide interim structural support for the retained foundation walls, ensuring stability and safety.
  • Foundation elements and shoring will remain only until near-term redevelopment occurs, at which time they will be fully removed or incorporated into new construction.
Reason for alternative

The criteria outlined in BDS Policy BOD 24-02, Question 2, are not satisfied because:

  1. The demolition permit drawings cannot identify the future scope of work to remove the remaining flatwork or foundation elements, nor can they reference a new building permit number, as the new construction permit will not be submitted until mid-to-late 2026.
  2. The building permit for the new construction will not yet be “under review” at the time of demolition. Accordingly, the new construction permit drawings cannot identify the temporary excavation support and associated final grading/backfill scope at this time.

Despite these limitations, issuing the demolition permit in advance of the new construction permit is necessary in order to:

  • Remove vacant structures from the property.
  • Prepare the site for redevelopment while preserving tree health and adjacent grade stability.
  • Avoid unnecessary environmental disturbance and redundant excavation/backfill that would occur if the foundation elements were removed now, only to be re-excavated for the new building later.
  • Maintain safe interim conditions through the combination of retained foundation walls, engineered shoring, and controlled backfill.

By contrast, strict compliance with PCC 24.55.100 would:

  • Cause avoidable damage to critical root zones of existing trees to remain.
  • Introduce safety risks by eliminating existing soil and walkway support.
  • Increase costs without long-term benefit, since redevelopment will require re-excavation.

The proposed approach balances compliance with Title 24 safety objectives while addressing the unique timing constraints of this project.

Appeal Decision

Allow portions of existing foundation to remain in place and the excavation to remain open: Granted provided the existing structure is removed and the excavation backfilled if the new development construction has not started by Oct. 1, 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.