Beaumont-Wilshire Delay Appeal Approved by City

PORTLAND, Ore. – Last month, two demolition delay appeals went before the city hearings officer. A demolition case in Eastmoreland was successful in appealing for the 60-day extended delay period, while a case in the Multnomah neighborhood was denied.

Now, another appeal has been filed by a neighborhood association and approved by the city with a new demolition delay end-date in September.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

A house located at 3215 NE 42nd Ave. in the Beaumont-Wilshire neighborhood was the subject of a demolition application received by the city on June 5. The house, built in 1923 and sitting on a 5,000-square-foot lot with no underlying lots of record, totals 1,328 square feet in size.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

While the owners of the property are listed as Daren M Johnson and Paul O Michels registered onsite at the address, and there are no recent sales records for the property recorded by the city or county, there is an “active” listing of the property recorded by real estate database Movoto recorded on July 16 for $469,900. The most recent sale price for the house was in 2008, for $349,000.

But while no sales have been recorded, the demolition application was received by the city on June 5, listing contractor Renaissance Custom Homes, registered to Randal Sebastian in Lake Oswego, and applicant Urban Visions, registered to Kevin Partain.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

Moreover, the city received an application for new construction by Renaissance Custom Homes of a three-story house with a detached garage on June 23, while the demolition delay period was still active. The construction permit is under review.

But while the 35-day demolition delay period ended July 14, city records indicate a demolition delay appeal has been filed. Appeals must be filed by the final day of the initial delay period and provide an additional 60 days of delay to the mandatory 35-day delay on residential-zoned home demolitions.

City property records do not indicate whether appeals have been successful or not — records for the house at 3030 SE Rex St. have remained unchanged since the appeal was filed, despite neighbor confirmation that the appeal was accepted — but the Portland Chronicle has received word from a Beaumont-Wilshire neighborhood source that the delay appeal for the Northeast 42nd Avenue house was successful.

The matter was considered by the hearings officer July 14, the source stated, and the appeal was accepted. The Beaumont-Wilshire Neighborhood Association sponsored the appeal, meaning the $1,318 appeal fee was waived.

The PortlandMaps record for the demolition application continues to state that the demolition delay appeal has been filed and that the permit should not be issued “until notice recieved (sic) from Code Hearing officer or until 9/11/15.”

Despite the out-of-date records, logic would indicate the demolition delay now ends Sept. 11.

Photo credit: Portland Chronicle

Photo credit: Portland Chronicle

Demolition delay appeals went through some changes following demolition code amendments passed by City Council in February that went into effect in April. Besides the appeal fee, other requirements were also added during that code change, including a statement explaining why the structure is significant to the neighborhood, a plan to save the structure and “evidence” of the plan’s viability including evidence of funds or fundraising capability that would sufficiently cover the plan.

The hearings officer who makes a decision on the appeal is appointed by the city auditor and is “separate from and independent of other city departments and government entities,” according to the city.