Appeal 35006

Appeal Summary

Status: Decision Rendered

Appeal ID: 35006

Submission Date: 10/13/25 4:07 PM

Hearing Date: 10/22/25

Case #: B-5

Appeal Type: Building

Project Type: commercial

Building/Business Name: Governor Building

Appeal Involves: other: Demolition of structure

Proposed use: none - demo only

Project Address: 418 SW 2nd Ave

Appellant Name: Matt D Johnson

LUR or Permit Application #: Other Demolition

Stories: 5 Occupancy: N/A Construction Type: N/A

Fire Sprinklers: Yes - internal fire riser room

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

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 adjoining the adjacent grade.

Code Modification or Alternate Requested

We would like to leave the deep foundation elements in order to maintain the public sidewalk.

Proposed Design

The proposed demolition will remove the superstructure in its entirety, ground level structure, and shallow interior foundations. The partial basement walls (including walls below the right-of-way along SW 2nd Avenue) and shallow crawlspace wall and footing adjacent to the existing billboard sign will be removed 2 feet below existing site grades with the remainder abandoned in place. The basement slab-on-grade will also remain with frequent holes provided for drainage. All remaining elements will be covered with granular/structural fill. The fill will be brought up to match adjacent grades, leaving a relatively level condition.


The fill is intended to serve the interim site condition. Future development will address all soil and existing foundation remnants for building and infrastructure improvements.


The proposed elements to remain are illustrated in the attached exhibit.

Reason for alternative

The appellant seeks to waive the requirement for 100% removal of structure, and leave select foundation and slab elements. The primary reason is to minimize and avoid site disruption and to protect the existing right-of-way, including sidewalk. The basement slab-on-grade acts to brace the bottom of the basement walls. Once the structure is removed, all remaining foundation and slab element locations and elevations will be documented for future use.

It is understood that the future development of this site will have a comprehensive Land Use, Design Review, and Building Permit Process. At that time, the site will be reviewed, and development conditions will be imposed based on the proposed project. It is understood that this will likely require right-of-way dedications on SW 2nd Avenue and SW Harvey Milk Street. These dedications will dictate removal and impacts and removal of any remaining below grade structure.

Appeal Decision

Allow select foundation and slab elements to remain below grade following demolition:
Granted provided a geotechnical report that includes recommendations for providing drainage in the floor slab elements to remain, temporary excavation support, and fill placement and compaction is submitted with the demolition permit.
Please note: Elements remaining in the ROW must be approved by PBOT.

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.