Appeal 35120
Appeal Summary
Status: Decision Rendered
Appeal ID: 35120
Submission Date: 3/3/26 6:54 AM
Hearing Date: 3/11/26
Case #: R-1
Appeal Type: Building
Project Type: residential
Building/Business Name: Alyssa Daye Gardens
Appeal Involves: demolition
Proposed use: N/A
Project Address: 3326 SE 89th Ave
Appellant Name: Lee Jorgensen
LUR or Permit Application #: Other EA 24-095788
Stories: 4 Occupancy: R-2 Construction Type: VA
Fire Sprinklers: Yes - Throughout
Plans Examiner/Inspector: Steve Freeh
Plan Submitted Option: pdf [File 1]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | PCC 24.55.205. F |
|---|---|
| Requires | PCC 24.55.205.; Paragraph F F. Demolition permit compliance prerequisite for new building permit. No building permit for a new structure on the site that is subject to the demolition permit (including all lots in a land division or lot confirmation) will be issued until the final inspection for the demolition permit has been completed and approved. |
| Code Modification or Alternate Requested | Issuance of the commercial building permit and residential demolition permit prior to the submittal of the closeout documents required by PCC 24.55.205.F, and prior to final inspection of the demolition permit. |
| Proposed Design | An existing single-family dwelling structure exists on the site and will be removed to accommodate the new 31-unit affordable housing structure. Due to the affordable housing funding structure for the project, the commercial building permits must be ready to issue prior to the lending agency’s closing of the loan(s) necessary to pay for construction (and demolition). A hazardous materials survey on the existing building at 3326 SE 89th Ave has been completed. Prior to building and demo-permit issuances, a DEQ licensed abatement contractor will complete asbestos removal requirements in compliance with PCC 24.55.205.B. |
| Reason for alternative | Alyssa Daye Gardens is an affordable housing project, where lenders require an issued building permit or clean permit-ready letter for financial closing. Given this, funds will not be available to demolish the existing residential structure prior to building permit issuance. |
Appeal Decision
Allow concurrent issuance of the demolition and new construction permits and deferred submittal of required demolition documentation: Granted provided no work will be performed on demolition of the existing structure until all Site Controls review documents required by ENB 25.01 Demolition Admin Rule and PCC 24.55.205(b) have been submitted and approved by PP&D under a deferred submittal, and the required pre-construction inspection #200 has been approved. The demolition permit must be finale prior to the footing inspection (#220) for the new construction.
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.
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