Consider proposal of Type IV Demolition Review approval for 118 SW Porter St, and Portland Permitting and Development staff recommendation for approval, for a contributing building in the South Portland Historic District (LU 24-077225 DM)

The applicant is requesting approval for demolition of a contributing resource in the South Portland Historic District. Portland Zoning Code Section 33.445.200.E.1 provides that total demolition of a contributing structure in a historic district is subject to demolition review, and Section 33.846.080.B.3 provides that the land use review procedure is a Type IV procedure with City Council as the decision body. A Type IV land use review is a quasi-judicial action.

As noted above, this is a Type IV quasi-judicial land use review, not legislation. It affects only one site within the city, rather than the city at large. The City Council decision on this matter will not have significant economic and real estate development impacts on the city beyond the specific site of the project. If approved, the demolition will allow a larger addition to the site than what is currently feasible if retaining the 930 SF one-and-a-half-story bungalow style house built in 1908. The non-profit organization Ukandu will invest money in renovating and expanding an adjacent building to create a larger campus for their organization. The existing building at 3015 SW 1st Ave will be expanded by 9,564 SF from the current 8,956 SF to 18,520 SF.The engagement process has included the Type IV notification procedures noted under the “community impacts and community involvement” section below. In addition, this project also completed a mandatory pre-application conference with city staff (EA 24-037799 PC) which followed the public notice requirements of the Portland Zoning Code. While a pre-application conference is not a public hearing and no land use decision is rendered at the conference, interested persons may attend the conference and obtain copies of all the written information that is submitted and prepared for it.The project also undertook a voluntary Design Advice Request with the Historic Landmarks Commission (EA 24-056451 DA) which followed the public notice requirements of the Portland Zoning Code which includes a mailed public notice as well as the posting of signs notifying the public of the public meeting at the subject site. A number of comments were received from the public and were submitted to the Historic Landmarks Commission as both oral and written testimony as part of the Design Advice Request process.

The notification procedures for this Type IV land use review followed the public notice requirements contained within the Portland Zoning Code, as adopted by the City Council. For Type IV land use reviews, the Zoning Code requires public notice of the initial public hearing to be mailed to recognized neighborhood and business associations that are within 1,000 feet of the subject site and to neighbors within 400 feet of the site. In addition, signs notifying the public of the initial hearing were posted at the subject site. City Bureaus were also sent notice. Interested persons were encouraged to write and/or testify at the public advisory meeting before the Historic Landmarks Commission, and again at the Portland City Council hearing.Multiple comments were received from the public and were submitted to the Historic Landmarks Commission as both oral and written testimony. The required public advisory meeting before the Landmarks Commission took place on November 25, 2024. The first Public Hearing is scheduled for Portland City Council on January 16, 2025. The City Council decision on the proposed demolition will be the final decision of the City, per Zoning Code Section 33.730.030. However, the City Council’s decision may be appealed to the Oregon Land Use Board of Appeals (LUBA).

This is a Type IV quasi-judicial land use review, not legislation. The City Council decision on this matter will not have financial or budgetary impacts on the city.Land use reviews and appeals are fee supported. City costs associated with this appeal are for staff time to process the appeal.

Not applicable