Spreadsheet: 55342750-616e-4f8a-a0df-e2d791ee5f3e
Sheet: Sheet1

APPEAL ID NO. | APPEAL HEARING DATE & APPEAL BODY | PROJECT TYPE                                                          (pavement, curb, sidewalk; storm facilities, water system, street lighting, street trees, other) | PROJECT NAME OR INTERSECTION | OWNER OR APPELLANT NAME | PROJECT ADDRESS | LUR OR PERMIT NO. | BUREAU REQUIREMENT | CODE SECTION BEING APPEALED | PROPOSED DESIGN | REASON FOR ALTERNATIVE | DECISION
1 | 7/6/2010 Panel | pavement, curb, sidewalk & storm water facilities | NE Wygant | [NAME], Burton Engineering | 11250 NE Wygant | EA 10-130419 PC | Dedicate 1-ft on NE Wygant and construct standard frontage improvements. Dedicate 29-ft along the southern property line for future east/west street mid-block. No improvements required for this section of dedication. | 17.88.020 | Waiver | Financial and minimal traffic impacts | Denied on basis of insufficient information to support the appeal
2 | 7/6/2010 Panel | pavement, curb, sidewalk | Skin & Bones Bistro | [NAME], [NAME], Constructive Form | 5425 E Burnside | 10-138359 CO, IQ 10-142248 | 4-foot dedication west of the corner structure on E Burnside. Reconstruct the sidewalk to a 12' pedestrian corridor (6" curb, 4' planter, 6' sidewalk, 1.5' buffer) west of the corner structure, including tree wells. Along the structure frontage at the corner, reconstruct the existing sidewalk as a 7.5' curb tight sidewalk. | 17.88.020.A & B | Pave existing planting strip to create 6 ft sidewalk and waiver | Financial and magnitude of solution to fit magnitude of project | Approved with conditions for full ROW dedication, relocate existing fence to the new property line, and obtain a revocable permit for the existing wall to remain the public right of way.
3 | 8/17/2010 Panel | pavement, curb, sidewalk & storm water facilities | NE Wygant | [NAME], Burton Engineering | 11250 NE Wygant | EA 10-130419 PC | Dedicate 1-ft on NE Wygant and construct standard frontage improvements. Dedicate 29-ft along the southern property line for future east/west street mid-block. No improvements required for this section of dedication. | 17.88.020 | Waiver | Financial and minimal traffic impacts | Appeal denied
4 | 8/17/2010 Panel | sidewalk and street dedication | SW 10th Ave & W Burnside | Tobias Investment LLC | 1016 W Burnside | 10-135868 CO | Dedicate 6-ft on SW 10th to accommodate the 15-ft wide sidewalk corridor and widen the existing sidewalk by 3.5-ft to accommodate the 8-ft pedestrian through zone and tree wells | 17.88.020.A | Permit granted with no dedication | Code does not address width of sidewalk corridor, meets Design Guide goal of continuity, loss of jobs and tax revenue | Appeal denied based on a) assumed value of improvements at 240k not including fire, life, safety and b) loss of parking based on street dedication is not a significant factor in the appeal
5 | 8/17/2010 Panel | BES route of service | PSU College Station | Clint Braun, American Campus Communities | 548 SW College | TI4208, 10-135978 CO | Sewer taps, wyes, and branches must be installed perpendicular to the main sewer on uniform line and grade. Properties should be connected to the sewer by the most direct route possible that will provide unobstructed gravity service | BES Rules for Sewer Connection, Section B, Item 4; BES Admin Rule ENB 4.07, Part III | Rerouting adjoining office private sewer south from building to [NAME], west under public sidewalk along SW Jackson, and then north along 6th Ave ROW under public sidewalk to reconnect to existing lateral. A total of (3) 90 degree bends would be required for this design. | Other options were discarded due to construction lender not accepting of sewer encumbrance, difficulty due to interaction with freeway, financial, | Appeal approved subject to design and permitting approval for encroachment, and validation that applicant has standing to appeal.
6 | 9/14/2010 Panel | pavement, curb, sidewalk | SW [NAME] | [NAME] | 5242 SW [NAME] | [NAME] 10-147450 LDP AD | Dedication and frontage improvements on SW [NAME] | 17.88.020 | Waiver | Improvements would interfere with existing conveyance conditions and financial | Appeal approved
7 | 9/14/2010 Panel | pavement, curb, sidewalk; storm water facilities; and alley improvement | Missouri Subdivision | [NAME] | 3804 SW Missouri Ave | EA 10-160742 | Pave the entire length of the alley, from N Failing to N Beech. Storm water management of the overflow from the new impervious surface within the N Beech and/or N Missouri right-of-way | 17.88.020.A | Grade and gravel full length of alley if used for vehicle access and no improvements if no vehicle access | No existing houses use alley, fence and buildings encroach into alley, grading would not match without grading into adjacent lot requiring coordination with 13 lot owners | Appeal approved with condition that no vehicle access is from the alley
8 | 9/22/10 Board 1:00 pm at 1900 SW 4th Ave, [NAME] | sidewalk and street dedication | SW 10th Ave & W Burnside | Tobias Investment LLC | 1016 W Burnside | 10-135868 CO | Dedicate 6-ft on SW 10th to accommodate the 15-ft wide sidewalk corridor and widen the existing sidewalk by 3.5-ft to accommodate the 8-ft pedestrian through zone and tree wells | 17.88.020.A | Permit granted with no dedication | Code does not address width of sidewalk corridor, meets Design Guide goal of continuity, loss of jobs and tax revenue | Appeal denied on the basis that improvements are not infeasible or impracticable and there is space for the 6 foot dedication and 15 foot sidewalk corridor improvements. The previous decision of the Public Works Appeals Panel is upheld.
9 | 9/28/2010 Panel | pavement, curb, sidewalk, & storm water facilities | Cully Grove | [NAME] and Eli Spevak | 4745, 4821 NE Going St | [NAME] 10-148328 PD | Dedication and half-street improvements on NE Going Street frontage. | 17.88.020.B | 9 ft wide strip of concrete pavers along the north side of existing roadway. In portion of frontage in front of existing deodar cedar tree, no pavers would be installed to protect tree roots and no street trees would be installed because they would be shaded out. | Local tree impacts to this site, future tree impacts from future improvements of frontages along other properties, storm water, orphan half street improvement, and street character and neighborhood opposition | Appeal denied
10 | 10/12/10 Panel | Pavement, curb, sidewalk, storm water facilities, street lighting, street trees, & street improvements | SW Flower & SW Cullen | Ewaldt Niemetschek | SW Flower | PW IQ 10-107236 | Extend curb along SW Cullen along the west side of SW Flower and provide 20 ft of pavement width from SW Cullen to the three lots. Construct sidewalk corridor along lots. Curb set 14 ft from centerline with sidewalk corridor consisting of storm water management facility, sidewalk, and setback. | 17.88.020.A & B | 20 ft gravel roadway leading to lots with two 10 ft travel lanes and hammer head turnaround. Roadway to have 2 ft soft shoulder with 2" of 3/4-0 crushed rock with another subbase of 6" of 1-1/2-0 crushed rock. Retaining walls proposed in areas where the topography is steep and standard fill techniques would not be advised. Where the training wall is over 4-ft in height a 48" cyclone fence will be installed to help prevent vehicles and pedestrians from falling into the existing ravine. | Reduced environmental zone impacts to existing habitat, design includes fish passage culverts which if the standard designs were used may not be included, riprap outfall would slow down flow rate of water run-off, steep slopes, not possible to fully utilize standard ROW design standards, lots were platted when current standards were not in place so request that design changes be granted to develop properties as originally intended. Roadway meets Fire Bureau requirements, public works standards with grades that can be maintained and BDS concerns with environmental impact. | Denial of the use of gravel and denial of the request for no storm water facility on basis that bureau decision is not inconsistent, misapplication, or misinterpretation of code, and denial of the sidewalk for lack of information. Inadequate information to determine that the project is viable.
11 | 10/6/10 Board Hearing CANCELLED - Appeal withdrawn by Appellant | pavement, curb, sidewalk, & storm water facilities | Cully Grove | [NAME] and Eli Spevak | 4745, 4821 NE Going St | [NAME] 10-148328 PD | Dedication and half-street improvements on NE Going Street frontage. | 17.88.020.B | 9 ft wide strip of concrete pavers along the north side of existing roadway. In portion of frontage in front of existing deodar cedar tree, no pavers would be installed to protect tree roots and no street trees would be installed because they would be shaded out. | Local tree impacts to this site, future tree impacts from future improvements of frontages along other properties, storm water, orphan half street improvement, and street character and neighborhood opposition | WITHDRAWN
12 | 10/12/10 Panel | Pavement, curb, sidewalk | Milepost 5 | [NAME] | 900 NE 81st Ave | WI 10-166433 | provide 15 ft pedestrian corridor with construction of 4 ft planter, 8 ft sidewalk, street trees and lighting | 17.88.020 | eliminate requirement for sidewalk improvements, place tree wells or other requirements within the existing sidewalk zone. | existing brick wall on the site and along NE 82nd should be preserved to retain as much as the historic character of the site as possible, and there are existing mature trees on the site that fall within the area that PBOT is requesting to be cleared for improvements. | Denial of request based on no inconsistency with application of city policy. Bureau has appropriately applied city code as they intend to work with city forester on preservation of significant trees within the existing right of way.  Moving and reconstructing the wall would not be inconsistent with city policy.
13 | 10/26/10 Panel and 11/9/10 Panel | Pavement, curb, sidewalk | N Tyler & N Bradford | [NAME], Vintage Homes NW | 6612 N Tyler Ave | 10-160285 RS and LUR 99-00493 | Improve N Tyler frontage with curb located 13 ft from centerline, 6 ft sidewalk separated from curb by an 8 ft wide BES approved storm water treatment swale, 20 ft of pavement, street lighting and street trees as required | 17.88.020 | Use of currently approved and recorded street waivers from land division LUR 99-00493 in lieu of 1/2 street improvement. | Street waiver is a valid, binding agreement that precludes the City from requiring street improvements. Alternatively, even if the waiver is not binding the City made a representation in its waiver form that improvements would not be required for construction of a building because the owner waiver her statutory right. | Approval of appeal on the basis that the context in which the original waiver was granted continues to exist.
14 | 11/23/10 Panel | Street lighting | PreWeave | [NAME] | 1308 W Burnside | CO 10-184882 | Street lighting required to meet the ornamental lighting district standards for this location. | 17.68.A | Leave the existing SW 13th Ave street light undisturbed. | Owner has an approved Land Use review for the Weave Building. Due to the economic climate, the owner is renovating the existing 2-story building on the site. The remodel budget has been kept to a minimum with the knowledge that this is a temporary solution. The financial implications of fulfilling the ornamental street lighting requirement would be detrimental to the viability of the project, as the projected installation costs represent a substantial percentage of the project budget.  Furthermore, infrastructure improvements made now would be a waste of resources as items will be removed and reinstalled, replaced or upgraded at the time of the Weave Building's construction. If "substantially enhancing the character of the district" is the aim of this code, it is worth considering the contribution a renovated building with 5 retail storefronts and office space would have on the vitality of the neighborhood. | WITHDRAWN
15 | 12/29/2010 Board 1:00 pm at 1900 SW 4th Ave, [NAME] | pavement, curb, sidewalk; storm water facilities; and alley improvement | Missouri Subdivision | [NAME] | 3804 SW Missouri Ave | EA 10-160742 | Appeal Panel approval of no alley improvements with condition that no vehicle access is from the alley | 17.88.020.A | Use of the alley for vehicle access with grading and graveling and posting it one way because it is only 15 feet in width. | BES stormwater requirements for paved alleys, encroachments in alleys, inability of owners to maintain and improve alleys because of city requirements, requirements don't work for residential infill housing, paved alleys are reverting to gravel as a result of no maintenance, gravel alleys are not maintained because re-graveling is not allowed, Design Overlay standards require parking off alley so buildings choose to provide no parking instead, most paved alleys in the area do not have storm drainage improvements, vehicle trips on alleys will be less than 10 trips per day per house which reduces the need for alley improvements. | Deny the appellant’s appeal, thereby upholding the Appeal Panel’s decision.  However, alternative standards for porous pavement, if it meets the approval criteria, would meet city standards and therefore be allowed.
16 | 2/1/11 Panel | pavement, curb, sidewalk | SW Pomona & SW 37th | [NAME], Faster Permits LLC | 11105 SW 37th | RS 10-178804 | Improve the SW [NAME] frontage with curb 16' from the centerline to accommodate a 10' wide travel land and a future 6' wide bike lane. A 15' pedestrian corridor with 6' wide sidewalk and 8' wide swale will require a 1' dedication. | 17.88.020.B & C | Waiver | Improvement not feasible due to financial hardship, proposed dwelling replaces an existing dwelling so there is no increase in density and no increased impact on the public street system, this is a change to long-standing and widely know interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is proposed from SW 37th, and no storm system is established in SW [NAME]. | Deny the appeal and recommend to staff to look at reducing the dedication requirement on SW Pomona and leaving the frontage improvement as is on SW 37th
17 | 2/1/11 Panel | pavement, curb, sidewalk | BECO Remodel | [NAME], Bosniaks Educational & Cultural Organization | 12338 SE Foster Rd | CO 10-180417 | Appeal of 17.28.020.B and 17.42.010 for the public works improvement requirement to improve the SE Foster frontage with 12' sidewalk, tree wells, street lights, and landscape. The 12' pedestrian corridor will require a varied dedication ranging from 6.5' at west end of site to 0' at east end. | 17.28.020 and 17.42.010 | Waiver of frontage improvements and waiver of requiring removal of existing encroachments | Appellant proposes waiver of remonstrance in lieu of street improvement and waiver of the requirement to remove existing encroachments.  Appellant cites the reason for the alternative as the cost of implementing the regulation being disproportionate to the size of the project, the existing curb tight sidewalk system adequately meets pedestrian demand, and is continuous for approximately 2800' to the east and 5100' to the west and beyond with the exception of 5 sites that have been updated to the requested 12' standard. The 5 sites on SE [NAME] within the 1.5 mile stretch from 1-205 to SE 37th that have been expanded to the 12' standard all are associated with major or full development of the adjacent site where the cost of such frontage improvements is proportionate. | Denial based on the requirement being consistent with policy and needs.
18 | 2/23/2011 Board 1:00 pm at 1900 SW 4th Ave, [NAME] | pavement, curb, sidewalk | BECO Remodel | [NAME], Bosniaks Educational & Cultural Organization | 12338 SE Foster Rd | CO 10-180417 | Appeal Panel denial of appeal based on the requirement being consistent with policy and needs.  Appeal of 17.28.020.B and 17.42.010 for the public works improvement requirement to improve the SE Foster frontage with 12' sidewalk, tree wells, street lights, and landscape. The 12' pedestrian corridor will require a varied dedication ranging from 6.5' at west end of site to 0' at east end. | 17.28.020 and 17.42.010 | Waiver of frontage improvements and waiver of requiring removal of existing encroachments | Appellant proposes waiver of remonstrance in lieu of street improvement and waiver of the requirement to remove existing encroachments.  Appellant cites the reason for the alternative as the cost of implementing the regulation being disproportionate to the size of the project, the existing curb tight sidewalk system adequately meets pedestrian demand, and is continuous for approximately 2800' to the east and 5100' to the west and beyond with the exception of 5 sites that have been updated to the requested 12' standard. The 5 sites on SE [NAME] within the 1.5 mile stretch from 1-205 to SE 37th that have been expanded to the 12' standard all are associated with major or full development of the adjacent site where the cost of such frontage improvements is proportionate. | Denial of appeal on the basis of the requirement being consistent with policy and needs.
19 | 2/23/2011 Board 1:00 pm at 1900 SW 4th Ave, [NAME] | pavement, curb, sidewalk | SW Pomona & SW 37th | [NAME], Faster Permits LLC | 11105 SW 37th | RS 10-178804 | Appeal Panel denial of the appeal and recommend to staff to look at reducing the dedication requirement on SW Pomona and leaving the frontage improvement as is on SW 37th. Improve the SW [NAME] frontage with curb 16' from the centerline to accommodate a 10' wide travel land and a future 6' wide bike lane. A 15' pedestrian corridor with 6' wide sidewalk and 8' wide swale will require a 1' dedication. | 17.88.020.B & C | Waiver | Appeal of panel decision is based on the reasons below, as well as, in order for the city to have authority the street adjacent to the property must be used for vehicle access for said property, there is no additional impact, there is no nexus and this off site improvement is a taking.  Improvement not feasible due to financial hardship, proposed dwelling replaces an existing dwelling so there is no increase in density and no increased impact on the public street system, this is a change to long-standing and widely know interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is proposed from SW 37th, and no storm system is established in SW [NAME]. | Appeal granted on the basis that it is consistent with the policy at the time the development permit was submitted.
20 | 3/1/11 Panel | pavement, curb, sidewalk, stormwater facilities | SW 47th Ave and SW Garden Home | [NAME], [NAME] Ramis PC | 8235 SW 47th | RS 10-152706 and RS 10-152734 | Improve the SW 47th frontage with curb located 14' from centerline of the roadway, 5' wide sidewalk separated from curb by an 8' wide BES approved stormwater treatment swale, 20' of pavement, street lighting, and street trees. | 17.88.020 | Maintain current condition and waiver | The soils of the property have low infiltration rates and the required swale would be insufficient to collect and treat the amount of stormwater generated necessitating construction of either a ditch or in ground pipe to ship the stormwater to a collection basin or ditch; would require removal of two culverts for existing driveways involving coordination with multiple property owners; public safety concerns related to an in-ground pipe becoming clogged; costs of improvement exceed the construction of the home; execution of waivers is consistent with City policy of avoiding impracticable development by removing requirement that a stand alone section of pavement be created in the middle of a graveled road, and maintenance issues associated with such development. | Deny based on the fact that staff has consistently applied policy and that the applicant had not presented any documentation that substantiates their claim that required improvements are infeasible.
21 | 3/15/11 Panel - CANCELLED | pavement, curb, sidewalk, stormwater facilities | SE 143rd Ave & SE Powell Blvd | [NAME], LMB Permit Services | 14306 SE Powell Blvd | RS 10-191914 | Improve the SE 143rd frontage and widen the existing paved roadway with improvements comprised of setting the curb 16-ft from the right-of-way centerline, the 0.5-ft curb, 4-ft planter area, 6-ft sidewalk, 0.5-ft setback to the property line | 17.88.020.B | Relief of dedication and improvement requirements. Propose waivers. | A financial hardship is created by the requirement of street improvements, house being replaced was destroyed by fire, cannot grant dedication without the authorization of his mortgage lender, cannot afford to improve frontage out of his insurance settlement, unfairly penalizing the owner for trying to rebuild the house. | WITHDRAWN
22 | 3/22/11 Panel | pavement, curb, sidewalk, stormwater facilities | SE 136th & SE [NAME] | [NAME], LMB Permit Services | 13510 SE [NAME] | SD 10-203667 and WI 11-110454 | Improve the site's SE [NAME] and SE 136th frontage.  For both frontages the right-of-way cross section shall be comprised of setting the curb 16-ft from the right-of-way centerline, 8-ft wide storm water swale, 6-ft sidewalk. 0.5-ft setback to the property line. For SE [NAME] a 0.5 ft setback is required and for SE 136th a 1.5 ft setback is required. | 17.88.020 | Relief of the burden of providing right-of-way improvements and instead requests waivers of remonstrance and allow dedication to street frontages. | Not feasible due to financial hardship, proposed dwellings bring the site into more conforming site situations, retaining the existing dwelling, no increased impact on the public transportation system, this is a change to long standing and widely known interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is currently propose from SE [NAME], no driveway access on SE 136th Ave and no storm system is established in SE [NAME] of SE 136th Ave in any direction within 500 ft. | Denial based on appropriate application of code and no extraordinary conditions were presented
23 | 3/22/11 Panel | pavement, curb, sidewalk, stormwater facilities | NE Failing St and NE 74th Ave | [NAME], LMB Permit Services | 3908 NE 74th Ave | RS 11-104180 | Improvement requirement to improve the site's NE Failing frontage.  The improvement shall be comprised of a curb located 14-ft from the right-of-way centerline, 8-ft wide storm water swale, 6-ft sidewalk. additional pavement, street lighting and street trees. | 17.88.020 | Relief of the burden of providing right-of-way improvements as a condition of their building permit and instead they request waivers of remonstrance. | Not feasible due to financial hardship, proposed dwelling replaces an existing dwelling so there is no increase in density and no increased impact on the public street system, this is a change to a long standing and widely known interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is currently proposed from NE Failing Street, but can easily be re-oriented to access off NE 74th Ave and no storm system is established in NE Failing Street in either direction within 5 block area east and west. | Denial based on appropriate application of code and no extraordinary circumstances that warrant special conditions were presented
24 | 4/13/11 Board 1:45 pm at 1120 SW 5th Ave, 9th fl NW Broadway Conf Rm. | pavement, curb, sidewalk, stormwater facilities | SE 136th & SE [NAME] | [NAME], LMB Permit Services | 13510 SE [NAME] | SD 10-203667 and WI 11-110454 | Improve the site's SE [NAME] and SE 136th frontage.  For both frontages the right-of-way cross section shall be comprised of setting the curb 16-ft from the right-of-way centerline, 8-ft wide storm water swale, 6-ft sidewalk. 0.5-ft setback to the property line. For SE [NAME] a 0.5 ft setback is required and for SE 136th a 1.5 ft setback is required. | 17.88.020 | Relief of the burden of providing right-of-way improvements and instead requests waivers of remonstrance and allow dedication to street frontages. | Not feasible due to financial hardship, proposed dwellings bring the site into more conforming site situations, retaining the existing dwelling, no increased impact on the public transportation system, this is a change to long standing and widely known interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is currently propose from SE [NAME], no driveway access on SE 136th Ave and no storm system is established in SE [NAME] of SE 136th Ave in any direction within 500 ft. | WITHDRAWN
25 | 4/13/11 Board 1:00 pm at 1120 SW 5th Ave, 9th fl NW Broadway Conf Rm. | pavement, curb, sidewalk, stormwater facilities | NE Failing St and NE 74th Ave | [NAME], LMB Permit Services | 3908 NE 74th Ave | RS 11-104180 | Improvement requirement to improve the site's NE Failing frontage.  The improvement shall be comprised of a curb located 14-ft from the right-of-way centerline, 8-ft wide storm water swale, 6-ft sidewalk. additional pavement, street lighting and street trees. | 17.88.020 | Relief of the burden of providing right-of-way improvements as a condition of their building permit and instead they request waivers of remonstrance. | Not feasible due to financial hardship, proposed dwelling replaces an existing dwelling so there is no increase in density and no increased impact on the public street system, this is a change to a long standing and widely known interpretation of Title 17.88, condition can only be imposed if street is being used to access the property and street access is currently proposed from NE Failing Street, but can easily be re-oriented to access off NE 74th Ave and no storm system is established in NE Failing Street in either direction within 5 block area east and west. | WITHDRAWN
26 | 4/20/11 Board 1:00 pm at 1900 SW 4th Ave, Rm 4a Rescheduled for 5/18/11 1:00 pm at 1900 SW 4th Ave, Rm 4a | pavement, curb, sidewalk, stormwater facilities | SW 47th Ave and SW Garden Home | [NAME], [NAME] Ramis PC | 8235 SW 47th | RS 10-152706 and RS 10-152734 | Improve the SW 47th frontage with curb located 14' from centerline of the roadway, 5' wide sidewalk separated from curb by an 8' wide BES approved stormwater treatment swale, 20' of pavement, street lighting, and street trees. | 17.88.020 | Maintain current condition and waiver | The required street improvement is infeasible.  The road improvement is not suitable or reasonable to the proposed partition and residential construction. The required improvement would require the applicant to pave a section in the middle of an unpaved road, but also construct stormwater retention and treatment swales along the frontage and to the corner of Garden Home Rd, crossing and providing benefit to multiple properties that are not associated with this application. The improvements are unsuitable and unreasonable because it would result in an impracticable maintenance scenario for the Coty, having to maintain the edges of a 100 foot asphalt section. The costs of up to $144,075 are also economically unsuitable and unreasonable as it would more than offset potential profitability associated with the residential construction. | The decision of the PWBA is to deny the appeal and to direct staff to work with the applicant over the next 6 weeks to see if alternatives can be  worked out.  If they cannot be worked out, they may appeal those decisions directly to the board.
 | 5/3/11 Panel and Board joint meeting 1900 SW 4th Ave, Rm 4a |  | year end review - discuss general issues and identify workplan items  for next year for public works program
 | 5/101/11 Panel meeting |  | year end review - discuss general issues and identify workplan items  for next year for public works program
27 | 5/10/11 Panel Postponed until 5/24/11 | street lighting | SW Moody & SW Bancroft | [NAME], [NAME] LLC | 0680 SW [NAME] | WT 10-193443 | Install 4 SOWA post top ornamental street lights on the Bancroft frontage - one at each corner and two even spaced at mid-block | 17.68.040 | Install 2 new SOWA street lights mid-block and maintain the existing cobra lights at the SE corner of SW Moody & SW Bancroft and at the SW corner of SW Bond & SW Bancroft | The corners do not currently exist and the corner layouts are not determined which makes the corner poles unrealistic to require at this time. | WITHDRAWN
28 | 8/16/11 Panel  Cancelled | sidewalk and frontage zone | St. Helens Road | [NAME],  Regalado Finish Service | 6433 NW St. Helens Road | WI 11-143448 | The Pedestrian Design Guide recommends that a 12-foot wide sidewalk corridor (16 feet with a water quality swale) along this type of frontage.  However, 1.5 feet of that 12 feet is for the frontage zone (the area between the back of sidewalk and the right-of-way line). |  | Frontage zone be reduced to either zero or 0.5 foot. | To minimize the dedication required, so that existing billboards on the site are not impacted by the dedication and also there is sufficient area for the water quality facility between the driveways as has been proposed.  In addition , to keep the dedication to a minimum as the building on the neighboring parcel to the north lies within 2 feet of the ROW line and any dedication beyond 2 feet would have to be adjusted streetward on the neighboring parcel. | CANCELLED.
29 | 9/06/11 Panel | pavement, curb, stormwater facilities , sidewalk and frontage zone | SW Northgate Ave | Monty Hurley, AKS Engineering & Forestry, LLC | 11631  SW Northgate | PW 11-187272 | The pubic improvements required are approximately 10.5 foot-wide pavement widening, curb and gutter, 8 foot-wide stromwater treatment swale, -6 foot-wide sidewalk and 1/2 foot- wide frontage zone. | 17.88.020 | Waive improvements requirement.. |  | Approved based on the decision of the PWAAP to concur with the City Engineer that an exception may be granted  in this case, based on the following finding: "Under the Pedestrian Design Guide, Section A2.3 Frontage Improvements on Existing Streets, an exception may be made when infill development of single-family residential use is proposed for three or fewer contiguous lots where the majority of the lots on the block have already been developed and there is no pattern of existing sidewalk improvements in the area."
30 | 10/25/11 Panel | pavement, curb, sidewalk and stormwater facilities | SW 31st Ave & SW Miles Ct | [NAME], Urban Visions | 7430 SW 31st Ave | RS 11-164297 | Requires improvements to current City Standards along the site's frontage as a condition of approval for two new single family residential building permits. | 17.88.020 | Construction of new 6' sidewalk only within a portion of the existing right of way and future dedicated right of way. | To accommodate stormwater disposal requirements that would be triggered by the full street improvements, a new storm sewer main would have to be extended from the subject site's frontage to the intersection of SW 31st Ave & Capital Hwy. , a distance of approximately 400'.  Discussion with BES have already determined that no reimbursement district would be set up to off-set the cost of the storm main extension.   The cost of the extension would be borne entirely by the builder of the two new single family residences that will be replacing the one single family residence currently on the subject site.  The construction of the sidewalk within the existing and dedicated right-of-way will provide the opportunity for future street improvements (curb & surface stormwater facility) along the site's frontage in the event that a local improvement district (LID) is  ever formed.  Based on the size of the lots on this block and the zoning for this area, it is not likely there would be an opportunity for further street frontage improvements without the formation of an LID. | Denied with the recommendation that the applicant explore alternative stormwater conveyance methods with City Staff.
31 | 12/6/11 Panel | pavement, curb, sidewalk and stormwater facilities | SE 170th Ave | [NAME], Oregon Custom Home Builders | 2925 SE 170th Ave | [NAME] 11-137176 | Required improvements per Code Section 17.88.020.B | 17.88.020.B | To install curbs with aprons as needed for driveways and to extend the existing pavement to the new curb.  Owner agree to record the necessary dedications as required and are willing to sign and notarize " Waivers of Remonstrance" as outlined in Code Section 17.88.020.C as an indication of compliance with future improvements. | To eliminate requirement for required frontage improvements for 2925 SE 170th Ave per checksheet issued on May 20, 2011.  [NAME] improves the street beyond what adjacent properties now have and provides a finished look and adequate defined street parking areas.  [NAME] for consistency in the application of the code section so the property can be developed similarly to the recently developed adjacent property. | Approved based on inconsistent application of City policy to the affected site and sites with the immediate vicinity within the last year.
32 | 01/17/12 Panel | pavement, curb, sidewalk, stormwater facilities and water system | SW 3rd Ave / SW Nevada | [NAME], Hathaway Koback Connors LLP | 7209 SW 3rd Ave | TR 11-144474 | Code Section 17.88.020.A requires for all dwellings to have access to a street. If the street is not fully improved, 17.88.020.B requires improvements.  Under 21.12.010 if an owner requests a water connection to an undersized main, they waive any deficiency in service. | 17.88.020 & 21.08.060 | To move the access to SW 3rd Ave and that frontage improvements and the water line upgrade be eliminated.  The proposed design will not impact SW Nevada Ct. Any use of the street by the lot will be rare and inconsequential.  The only logical route to access the lot will be via SW 3rd.  Improvements to SW 3rd are not required.  While street width is not standard, it is a low volume street that has functioned as is for many years.  Further, widening SW 3rd for only the frontage of the lot in issue provides almost no public benefit particularly when the improvement tapers back to its current width at the lot boundary. | Required improvements will render this project economically infeasible and defeats the purpose of promoting infill. | Approved with conditions based on engineering meeting that design proposed in Attachment B of the appeal application.  Please note that this not waive the ADA requirements.
33 | 1/11/2012 Board | pavement, curb, sidewalk and stormwater facilities | SW 31st Ave & SW Miles Ct | [NAME], Urban Visions | 7430 SW 31st Ave | RS 11-164297 | Full frontage improvements along the site's frontage as a condition of approval for two new single family residential building permits. | 17.88.020 | Construction of new 6' sidewalk only within  a portion of the existing right of way and future dedicated right of way. | To accommodate stormwater disposal requirements that would be triggered by the full street improvements, a new storm sewer main would have to be extended from the subject site's frontage to the intersection of SW 31st Ave & Capital Hwy. , a distance of approximately 400'.  Discussion with BES have already determined that no reimbursement district would be set up to off-set the cost of the storm main extension.   The cost of the extension would be borne entirely by the builder of the two new single family residences that will be replacing the one single family residence currently on the subject site.  The construction of the sidewalk with the existing and dedicated right-of-way will provide the opportunity for future street improvements (curb & surface stormwater facility) along the site's frontage in the event that a local improvement district (LID) is  ever formed.  Based on the size of the lots on this block and the zoning for this area, it is not likely there would be an opportunity for further street frontage improvements without the formation of an LID. | Approved with conditions.
34 | 1/31/12 Panel | sidewalk | 23rd and Raleigh Apartments | [NAME], GBD Architects | 1616 NW 23rd Ave | [NAME] 11-177105 | Remaining 23rd Ave frontage retain an 8' wide pedestrian zone which translates into no opportunity for sidewalk seating in the typical 18 inch building zone. | 17.88.020 | To maintain the existing 12 foot wide side but also provides a 7'-9" foot deep by 30 long seating access recess at the north end of the 23rd Ave frontage. | NW 23rd and Raleigh want the same right to apply for and utilize the same Building Zone as all other businesses along NW 23rd.  The current restrictions puts an undue burden on the marketability of the remaining retail tenant space. | Denied.  Uphold the Design Exception decision.
35 | 1/31/2012 Panel | sidewalk & planter strip | NE 141st bet Beech & Failing | [NAME], Two Rivers Consulting | NE 141st bet Beech & Failing | [NAME] 11-196348 | NE 141st is classified as a City Walkway  and Portland Pedestrian Design Guide recommended features and dimensions of a 12-foot right-of-way, 4-foot planter strip, and 6-foot setback sidewalk. | 17.82.070 & 17.82.080 | To provide a 4-foot right-of-way dedication along the entire frontage of NE 141st bet Beech and Failing.  Provide street trees along the sidewalk bet Beech Court and the large Beech tree to the north.  Other enhancements as may be mutually agreeable to the City and property owner. | Owner believes that the existing sidewalk substantially satisfies the Portland Pedestrian Design Guide and should be allowed to remain as follows: 1) There are no existing hazards or adverse pedestrian conditions which get fixed by reconstruction of the sidewalk.  2) Demolition and reconstruction results in unnecessary expense, consumption of energy, and resources with no measurable benefit to existing conditions.  3) Enforcing the planter island on this property owner results in an unfair distribution of costs.  Based on existing neighborhood build-out and development, it is highly unlikely that the envisioned walkway can be built on most other properties in the neighborhood.  The proposed alternative provides the following benefits of the prescribed City Walkway standard.  1) Additional right-of-way provided.  2) Street trees to improve aesthetic and environmental conditions. | Approved based on maintaining the consistency of the sidewalks along the  street.  Confirming that the applicant will be required to grant the 4' dedication and plant street trees behind the existing sidewalk on the south section of the development.
36 | 02/14/12 Panel | pavement, curb, sidewalk & stormwater facilities | SE 67th Ave & Cooper St | [NAME], Boise Street Properties, LLC | 6840 SE 67th Ave | WI 11-202800 | Street frontage improvements including curb 17' from centerline, 6' wide sidewalk, 8' wide stormwater treatment swale, street lighting and street trees as required.  A 7' dedication will be required to accommodate these improvements. | 17.88.020 | Match existing neighborhood conditions. | The subject site is considered infill development.  Currently, curb and sidewalks do not exist on 67th Ave. between Flavel and Cooper.  Further, there aren't any properties that have underlying lots between Ogden and Cooper and 1 property with the potential for an underlying lot between Cooper and Flavel on the same side of the street.  The location of required improvements, once staked do not seem to function.  The sidewalk would terminate under the carport of the adjoining property to the south.  Because of the existing topography, the sidewalk would terminate at a retaining wall or bank at north property line. | Approved the requested relief with the condition of providing the City Engineer evaluation of a separated 5' sidewalk and street trees and installation if determined feasible by City Engineer.  [NAME] will be required.
37 | 02/14/12 Panel | pavement , curb, sidewalk & dedication | NE 41st & Tillamook | [NAME], Creston Homes, LLC | 2050 NE 41st Ave | CO 11-202846 | NE Tillamook is designated as Neighborhood Collector Street  and as part of the Hollywood Pedestrian District .   The Portland Pedestrian Design Guide recommends a 15-foot sidewalk corridor for an arterial street in a pedestrian district. |  | A standard 12-foot sidewalk corridor is proposed on NE Tillamook that consists of a 0.5 foot curb, 4-foot furnishing zone, 6-foot pedestrian through zone, and a 1.5 foot frontage zone.  A 12-foot sidewalk corridor would require a 3.5' right of way dedication. | A 15-foot sidewalk corridor does not seem practical for our proposed 47-unit residential building located between two large-mixed use buildings that both have 12-foot sidewalk corridors.  Both of these mixed-use projects were approved after the Pedestrian Design Guide was released with frontage on NE Tillamook that have 12-foot sidewalk corridors.  There is not a single frontage on NE Tillamook within the Hollywood Pedestrian District that has a 15-foot sidewalk corridor.  The Pedestrian Design Guide also recommends a 12-foot sidewalk corridor for City Walkways and for streets where right of way width is 60.0 feet.  NE Tillamook frontage is a  City Walkway with a right of way width of 60.0 feet. | Approved with conditions the requested relief with a 12' sidewalks required on both frontages, the condition of identical curb extensions to match the library and no sidewalk café with providing an 8' clear pedestrian pathway on NE Tillamook.
38 | 2/22/12 Board | sidewalk | 23rd and Raleigh Apartments | [NAME], GBD Architects | 1616 NW 23rd Ave | [NAME] 11-177105 | Remaining 23rd Ave frontage retain an 8' wide pedestrian zone which translates into no opportunity for sidewalk seating in the typical 18 inch building zone. | 17.88.020 | The proposed design remains the same as the original [NAME].  The owner requests to be allowed to utilize the 18" wide Building Zone, like every other business along NW 23rd for sidewalk seating. | Adjacent properties have also been granted the same Design Exception to retain the existing 12' wide sidewalk in lieu of the required 15-foot sidewalk.  The current restriction puts an undue disadvantage on the marketability of the remaining retail tenant space relative to the other businesses to the north and south.  [NAME] even limited sidewalk seating along a street that valued for its sidewalk seating runs counter to the City's vision of active and lively street frontage along NW 23rd. | Approved with conditions.
39 | 4/10/12 Panel | pavement , curb & sidewalk | N Blandena St & Colonial Ave | [NAME], Urban Visions | 1606 N Blandena | PW 12-119392 | Requirements for full standard street frontage improvement along the site's Blandena frontage and reconstruction of the existing frontage improvements along the Colonial Ave including additional right of way dedication as a condition of approval for two new single family residential building permits. | 17.88.020 | Within the Blandena ROW: Construction of a new curb, a 5' curb-tight sidewalk, 20' wide pavement section, a wall with 2' of clearance from the north pavement edge and a BES approved off-site stormwater facility within the existing right-of-way.  No additional ROW dedication.  Within the Colonial ROW, no additional ROW dedication, leave the existing frontage improvements in place. | The amount of right-of-way dedication necessary to bring both street frontages up to standard would have a significant impact on both lots.  The current Pedestrian Corridor along N Colonial Ave. frontage is 4' wide curb tight sidewalk.  The additional ROW dedication would result in a new curb setback 16' from the centerline of the existing ROW and allow for an 8' wide stormwater swale, 6' sidewalk and 0.5' buffer. The existing curb is 11' from the centerline; the required improvements would create a 5' off-set from the new curb to the existing curb along the frontage of the property to the south. With a new 8' planter/swale, the new sidewalk would be off-set 9' from the existing sidewalk to the south.  The properties direct across the street and to the south on N Colonial are all fully developed so there is little opportunity for additional ROW dedications & future improvements that would align with the improvements that would be required for the subject site to bring frontage up to standard. The Blandena ROW is currently 25' wide and not improved. The additional ROW dedication and associated improvements needed to bring this frontage up to standard would result in a sidewalk that terminates at the west property line of 1630 N Blandena.  The level of vehicular traffic along this section both N Blandena and N Colonial is likely to always be limited due to the topography and the established street grid of the immediate surrounding area.  [NAME] along this site's frontage is not feasible and that the combined sewer in N Colonial already has capacity issues. | Approved with conditions.  Approve requested relief/alternate solution (including off-site stormwater management proposal) with PWAP recommending to BDS staff a requirement to either: 1) Require the developer to preserve existing trees.  2) Require the developer to plant new trees (as close to the back of the sidewalk as possible/at typical street tree spacing standards).  Additional property dedication may be required along N Blandena to accommodate the proposed alternative ROW improvements.
40 | 4/10/12 Panel | pavement, curb & sidewalk | SE 10th and [NAME] | [NAME] | 8867 SE 10th Ave | PW 12-125199 | Frontage improvements to current City Standards as a condition of development that increases occupancy of the site. | 17.88.020 | Adding separate living quarters for the owner but will not increase occupancy. | Public Works permit is not necessary for additional living quarters for the owner if it is not increasing occupancy. | Approved requested relief/appeal.
41 | 4/18/12 Panel - Cancelled | pavement , curb, sidewalk & stormwater facilities | N Willamette & Trumbull | [NAME], Boise Street Properties | N [NAME] and [NAME] | PW 12-130764 | Half street improvement of [NAME], relocation of water main and existing corner reconstruction for ADA ramps. | 17.88.020 | Reconstruct existing corner to accommodate ADA ramps. | Majority of Pedestrian Corridor in built at a configuration less that the current standard and the proposal matches or exceeds existing improvements.  Infill of single-family for three of fewer contiguous lots where the majority of lots have been developed and there is no pattern of existing sidewalks in the area.  Existing road has no curb and it is not practicable to construct standard improvements or interim path.  Standard improvement is financially infeasible. | CANCELLED.
42 | 4/24/12 Panel | pavement, stormwater facilities & street lighting | SE Nehalem & SE 57th Ave | [NAME] and [NAME], Springwater Development, LLC | 5711 SE Nehalem | RS 12-111723 | Standard improvements will be required on SE Nehalem St.  A substandard improvements consisting of a 20' paved roadway and a stormwater facility will be required on SE 57th Ave | 17.88.020 | Construction of limited improvements that would consist of sidewalks returning to an increased pavement section yet would not have curbs nor storm facilities; as they are inconsistent with both recent and past like development in the immediate area. | The interim path or limited segment of improvement will have no true benefit to the public who can be better served through the implementation of a waiver of remonstrance, at such time when other development occurs that can incorporate a more practicable full block or neighborhood improvement project which will truly benefit the entire community and users of infrastructure.  [NAME] is agreeable to a more sensible development pattern of sidewalks with an asphalt connection returning to street as it exists throughout the neighborhood and appears to have been the standard accepted of recent and for quite some time.  It would not make sense to require storm facilities only because of construction of curbs.  The Brentwood Darlington Area happens to consist of a river rock and gravel soil that has some of if not the best infiltration rates in the entire City of Portland.  It will place unrealistic economic burden to a very limited scope project making it entirely infeasible. | Approved based on the condition that the applicant must dedicate 3-ft of property for public right-of-way purposes to accommodate the future full street improvement and construct a separated 6-ft sidewalk along the site's SE Nehalem frontage.  The applicant will not be required to dedicate property or improve the site's SE 57th Ave frontage.  Executed and completed [NAME] of Remonstrance shall be submitted in relation to the Building Permit.
43 | 5/8/12 Panel | pavement, curb & sidewalk | NW Skyline & Newton Rd | [NAME], Faster Permits LLC | 9342 NW Skyline | WI 12-113497 | PW Administrative Appeals Committee requires a 6' concrete sidewalk separated from edge of pavement along the entire 300'+ frontage. | 17.88.020 | 5' asphalt walkway proposed which avoids the steep bank at the East end of the property frontage and utilizes a naturally wider area of right of way on the West portion of this frontage. | The cost to construct the required 6' concrete walkway is one third of the cost to construct the entire proposed NSFR,  This high cost of construction is due to the requirements to "lay back" a large steep slope to make way for the sidewalk.  67 dump truck loads of soil would need to be removed from the right of way , negatively impacting the native vegetation.   The proposed asphalt path is in keeping with the character of the rest of NW Skyline Blvd.  The next nearest pedestrian path is 3 miles to the East as required for the massive Forest Heights subdivision.  These are also asphalt rather than concrete.  The area surrounding 9350 NW Skyline is RF  or R20, essentially farmland with virtually zero development potential - no neighboring sidewalks will likely ever connect to the one built here.   The proposed asphalt path would provide the same  benefit as the concrete in that bicyclists and pedestrians would have a space to be off of the main roadway for a large percentage of this frontage. | APPROVED WITH CONDITIONS.  Approve the requested relief, subject to the following conditions: 1)  The improve hard-surface pathway shall be separated from the roadway; 5-ft in width & shall satisfy ADA requirements for maximum grade.  The [NAME] shall commence at the western end of the site frontage and extend easterly (approximately 200-ft in length) to the point where excavation of the embankment will be necessary. 2) This decision is not valid until the appellant provides authorization from the current property owner that he is representing said property owner.
44 | 5/8/2012 Panel | pavement, curb, sidewalk, furnishing zone & stormwater facilities | City of Roses Disposal and Recycling Inc | [NAME],  City of Roses Disposal & Recycling Inc | 5726 NE 109th Ave | PW 12-127850 | Portland Pedestrian Design Guide and City Design Standards  for Street improvements require these improvements:  NE 109th Ave - face of curb located 16 feet from the ROW centerline, 0.5-foot wide curb, 4-foot furnishing zone with landscaping, 6-foot wide through zone, 0.5 foot wide buffer located at the back of through zone for a minimum pedestrian corridor of 11 feet, measured from face-of-curb to property line, and an overall minimum ROW width of 27 feet from centerline to property line, BES Stormwater Management may require additional improvements and/or dedication.  It may require an 8-foot wide swale in lieu of the 4-foot wide furnishing zone. Dedication will be required along 109th Ave. in order to provide sufficient right-of-way and Pedestrian Corridor width for improvements. | 17.88.020 | To fill the current pot holes with asphalt material on paved surfaces and on non-paved surfaces.  The proposal is to fill the current pot holes with 3/4" minus gravel material.   Since the non-paved surface has a number of potholes, the applicant is also proposing to level out the street simultaneously as the fill pot hole areas with gravel. | Majority of Pedestrian Corridor is built at a configuration less than current standard and the proposal matches existing improvements.  Infill of single family for three or fewer contiguous lots where the majority of lots have been developed and there is no pattern of existing sidewalks in the area.  Existing road has no curb and it is not practicable to construct standard improvements or interim path. | APPROVED WITH CONDITIONS.  Approve the requested relief subject to the following conditions: 1)  The applicant shall repair the existing potholes and add gravel, as necessary along the entire length of NE 109th Ave to the satisfaction of the City Engineer. 2)  The applicant shall submit completed /executed [NAME] of Remonstrance, in relation to Building Permit No. 12-116375 CO, applicable in the event of the formation of a future Local Improvement District.
45 | 7/10/12 Panel | pavement, curb, sidewalk & stormwater facilities | [NAME], Block 6, Lot 17 | [NAME], Faster Permits LLC | 7236 SW 32nd Ave | RS 12-117832 | Required frontage improvements on SW 32nd Ave: 6" curb 14' from the center line, a (BES required) 8' wide stormwater swale, a 6' wide sidewalk , and a 6" frontage zone (area back of the sidewalk to the property line).  4' dedication along SW 32nd frontage. Construct pedestrian corridor to (8.5-6.5)". | 17.88.020 | To construct NSFR in a manner that is consistent with the character of the neighborhood; an NSFR with a driveway connecting to the street.  At most, a concrete pedestrian connection (sidewalk) along the frontage could be provided. | There is no public storm system that fronts this lot for the overflow from the required stormwater swale.  This would result in a requirement for a stormwater extension approximately 330 feet in length which will be costly to the builder and would only serve a  single frontage on a street with future development potential of only one parcel.  These improvements would not be consistent with the existing conditions of the surrounding properties in the immediate vicinity and beyond. | APPROVED WITH CONDITIONS.  Approve the appeal to construct option 3 with conditions of: improvement under an infill public works permit, submittal of waivers of remonstrance, street trees in the space between the pavement and sidewalk, and stormwater runoff causes no increased drainage impacts to downstream property owners.
46 | 7/10/12 Panel | pavement, curb, sidewalk & stormwater facilities | SE Knapp, W/O SE 62nd Ave | [NAME], Owner | 6133 SE Knapp | WI - 12-138395 | Required for standard street frontage improvements on SE Knapp St. | 17.88.020 | Waiver | Rebuilding the pre-existing house on the site and subdividing to make one additional buildable lot.  There is no frontage improvement along the stretch of SE Knapp and there is little to no possibility of future development. Cost of subdividing and improvements will make the lot have little or no value. | APPROVED.  Approve appeal subject to submittal of waivers of remonstrance in relation to future land use/building approval.
47 | 7/17/12 Panel | pavement, curb & sidewalk | SW Barbur & SW 4th Ave | [NAME], PDG Construction Services, INC | 2926 SW 4th Ave | PW 12-151534 | Required 0.5 dedication and construction of a 7' wide, curb tight sidewalk is required on SW 4th Ave. |  | Public sidewalk easement of 4 feet along the SW 4th Ave frontage. | Conflict with zoning requirement for 10-foot buffer.  Conflict with Citywide Planning Policy regarding Housing.  Significant reduction in the number of housing units. | APPROVED.  Approve the requested relief due to severe topographical constraints and unique context.
48 | 7/17/12 Panel | pavement, curb & sidewalk | NW Vaughn St | [NAME], FMG Corporation | 2655 NW Vaughn | CO 12-115101 | PBOT is requiring appellant to adhere to the following pedestrian corridor standards: 15-foot wide pedestrian corridor to accommodate a 6" curb, 4 foot planting strip/furnishing zone, and 8 foot-wide sidewalk and 2.5-foot from the back of the sidewalk to the property line.  To comply with requirement, appellant will be required to reconstruct the frontage to the current standard with a 4-foot planting strip/furnishing zone and an 8-foot sidewalk, and dedicate 5 feet right-of-way on NW Vaughn Street. |  | Maintain the existing pedestrian corridor as part of the project. | Negative health impact on the two large pine trees located along the southern property line with confirmation from an arborist submitted by the applicant.  There are existing development constraints that make it impractical and unreasonable to comply with PBOT's requirements.   A recent development in the area was not required to comply with the sidewalk corridor standards.  While other recent developments in this area have improved the sidewalk corridor to the 15-foot standard, those projects are much larger in scale than this project. | DENIED.  Deny the requested relief based on the fact that the site can accommodate the sidewalk within its design proposal, and this area has a City goal of increased pedestrian activity.
49 | 7/17/12 Panel | sidewalk & dedication | [NAME] | [NAME], Ankrom Moisan Architects | 1139 SW Jefferson | PW 12-157269 | Sidewalk widening from 8-foot sidewalk to 12-foot width which will require dedication of an additional 4' to the north side of the SW Jefferson St. right-of-way, between SW 11th and 12 Avenues. | 17.88.020 | On the Elliot Tower block immediately east of the proposed project, PBOT requested the 12-foot sidewalk to be provided by removing the north curb parking and extending the sidewalk 4 feet further from the existing north ROW line.  This also allowed the two westbound traffic lanes to be widened, and retained the westbound bicycle lane and south curb parking.  Neighborhood on-street parking capacity expanded by changing parallel parking to diagonal on both 10th and 11th Avenues.  Applicant proposes the same approach to create the needed ROW improvements within the existing 60 feet ROW is most appropriate for the Jefferson Street block between 11th & 12th, for a combination of public and private benefits. | The proposed project location is ideally suited to contribute to this high density residential goal due to its immediate adjacency to multiple bus lines and the Portland Streetcar, its location only 3 blocks from the edge of the PSU campus and its proximity to services.  The density of these nearby resources is particularly beneficial to the city and residents alike in allowing highly reduced vehicle trip generation from the building. | APPROVED.  Approve proposed relief and alternative ROW design for SW Jefferson.  Proposed re-striping of parking along SW 12th is subject to approval by the City Traffic Engineer.  Approval by PWAP is based on consistency with adjacent and similar section of SW Jefferson and context of downtown constrained site conditions.
50 | 8/14/2012 Panel | pavement, curb & sidewalk | SW Virginia Pl | [NAME], Ostercraft Homes Inc. | 0426 SW Nevada | PW 12-169781 | Construction of 6-foot wide public sidewalk along the frontage of project site (SW [NAME]) to provide a pedestrian connection along SW Virginia Place. | 17.88.020 | To eliminate the required public sidewalk along SW Virginia Pl.  Eliminating the sidewalk will allow the street improvements (pavement, curb, stormwater planter) to be shifted to the east as far as possible with the public right of way.  Also it has been determined that with the proposed sidewalk and the proposed street grades, a wheelchair ramp cannot be constructed at the intersection of SW Virginia  Place and SW Nevada Street that meets ADA standards.  It appears that an alternative ramp design can be constructed if there is no sidewalk along SW Virginia Place.  It should be noted that no other properties to the south of the applicant's property is developed and the proposed sidewalk would only benefit one home on SW Virginia Place. | Eliminating the public sidewalk will allow the proposed public street improvements within SW Virginia Place to be shifted as far east as possible.  This is important because the neighboring properties to the west have constructed improvements within the existing right-of-way.  These improvements will be impacted by the proposed public street improvements required.   Eliminating the sidewalk along the  east side of SW Virginia Place will allow the street improvements to be shifted and will not  impact the neighboring property improvements. | APPROVED WITH CONDITIONS. Approve the appeal as proposed with the condition of the applicant providing waivers of remonstrance based on the infeasibility of construction of sidewalk ramp and other topographical constraints. Project to comply with all other requirements of the City Engineer and BES Chief Engineer.
51 | 09/12/12 Board | pavement, curb & sidewalk | NW Vaughn | [NAME], FMG Corporation | 2655 NW Vaughn | PW 12-170392 | Pedestrian configuration requirements and dedication. | 17.88.020 | Request that pedestrian requirements not be imposed as part of this project and allow the existing pedestrian corridor, including the sidewalk and ROW to remain along the project's frontage in order to avoid impact on the trees. | Appellant conclusively demonstrated that the requirements will significantly affect two healthy large and mature pine trees located along the southern property line. | CANCELLED                                        Per appellant's request.
52 | 08/28/12 Panel | pavement, curb, sidewalk and strormwater facilities | SW 4th Ave / S/O Palatine Hill Rd. | [NAME], Stone Bridge Homes NW LLC | 9244 SW 4th Ave | PW 12-173003 | The following frontage improvements are required on SW 4th Ave,:  1) pavement and base rock; 2) curb and gutter; 3) 8-foot wide stormwater treatment swale; 4)  6- foot wide sidewalk | 17.88.020 | To exclude these requirements from the project which is the construction of one single family home on an existing lot of record with no frontage improvements. | The frontage improvements are not practicable given the surrounding site conditions.  There is no curb or sidewalk anywhere along the entire length of SW 4th Ave.  Nearly all of the lots on SW 4th Ave. are developed, it is unlikely that there will be additional frontage improvements in the future.  As a result, the subject site would most likely have the only improved frontage along SW 4th Ave. | APPROVED WITH CONDITIONS. Approve appeal, subject to the following condition: The applicant shall widen the existing roadway (to the east) above the existing culvert (to the south) with gravel or asphalt to the extent possible as approved by the City Engineer.  Roadway widening to accommodate queuing; not to result of any utility.
53 | 08/28/12 Panel | pavement, curb and sidewalk | Local Choice Market / NW 9th and [NAME] | [NAME],  Local Choice Market | 238 NW 9th Ave | PW 12-173028 | PBOT is requiring to completely remove the existing 12-foot wide sidewalk and replace it with a concrete pattern that is consistent with River District recommended sidewalks.  NW 9th and [NAME] is required to be constructed to meet ADA standards.   Requirement of 4 twin ornamental street lights.  Two of the new street lights are to be located at the corner of NW 9th and [NAME].  One light is to be located mid-block on NW Everett  and the final light is to be located on NW 9th.    Planting street trees are required to meet current standards. | 17.88.020 | To retain as much of the existing 12-foot sidewalk; to replace the sidewalk in the two areas where it will remove the curb cuts.  The new concrete will match the existing pattern for consistency;  to replace the sidewalk at the corner of NW 9th Ave and NW 9th Ave to meet ADA requirements; and to retain the current sidewalk that are not impacted by the curb cuts or the ADA compliance. | The sidewalks are currently 12 feet wide as required for a city street with 60-foot ROW and are in good repair. | [NAME]. Deny the appeal (PWAAC decision to allow three twin-ornamental lights remains (two at the corner, one along NW Everett frontage [mid-block]).
54 | 09/11/12 Panel | pavement, curb and sidewalk | [NAME] | [NAME] | 16124 SE Alder St. | 12-117198 CO | Requirements to reconstruct curb, sidewalk and pavement and 5-foot dedication on SE 162nd and SE Alder. | 17.88.020 | Proposed Design: 1) SE 162nd would be constructed to City standards with an expanded sidewalk per plan and tree well cut outs instead of the landscape strip.  A small retaining wall would be constructed along the westside of the new sidewalk; 2) SE Alder sidewalk and 1.5-foot furnishing landscape strip on the southside sidewalk would remain.  A new 4-foot wide landscape strip would be constructed along the northern edge of the sidewalk for the length of the property.  The catch basin currently in the street would remain in the landscape strip.  The fire hydrant would be moved into the landscape strip; 3) The Century Link fiber optic cable pole that is in the sidewalk will remain; 4) The property owner shall dedicate 5 feet of private property to the City of Portland along the length of SE 162nd; 5) The property owner proposes a 1.5-foot dedication along SE Alder as the solution was to move the landscape strip to the north of the existing sidewalk. | The applicant has met and consulted with PBOT several times. There was consensus on the proposed design except for the fiber optic pole and the Alder Street dedication was not part of the discussion.  1) After consultation with the Century Link Senior Design Engineer, it was noted that the service cannot be interrupted.  A hot splice would need to be routed to Stark Street that would include another power meter and significant fiber cable.  A city approve plan would need to be designed.  Century Link had moved poles in cooperation with the City previously but moving this particular pole 3 feet would create immense difficulty for all affected.  2) The existing site square feet is 61, 897.50 sq ft which allows 61 housing units under the R1 Zone.  A 1.5 foot dedication along SE [NAME] would allow the site to remain over 60,000 square feet. | APPROVED.                                               Approve the requested relief.
55 | 09/12/12 Board | pavement, curb & sidewalk | PMLRT PECO RELOCATION | [NAME], Group Mackenzie | 4644 SE 17th Ave | 12-142635 CO | Required frontage improvements to the Pedestrian Corridor on SE 17th Avenue and SE 18th Avenue | 17.88.010 | The proposed design includes improvements to the Pedestrian Corridor on both SE 17th and 18th.  Improvements include curb and sidewalk replacement, closing existing driveways that are not being used and addition of street trees where feasible. | This project is proposed solely to accommodate the TriMet Light Rail.  PECO Manufacturing is losing significant building and site area and is proposing the building addition to help compensate for that loss.  Expansion of the business or facilities is not proposed at this time or as pat of this permit.  Significant frontage improvements or permitting delays will be a significant hardship to the business. | CANCELLED.
56 | 09/19/12 Board | pavement, curb, sidewalk and street lighting | Local Choice Market  / SW 9th and [NAME] | [NAME],  Local Choice Market | 238 NW 9th Ave | 12-181133 PW | PBOT is requiring to completely replace 12' existing  sidewalk to be consistent with the River District scoring pattern and to construct corner of NW 9th and [NAME] to meet ADA standard.   PBOT is also requiring three ornamental lights (two at the corner and one along the NW Everett Frontage [mid-block]) and to plant street trees to meet current standards. | 17.080.020 | To retain as much of the existing 12-foot sidewalk as practical because it is in good condition and will not detract from the River District when incorporated into the proposal.  Applicant proposes to replace the sidewalk in the two areas where it will remove the curb cuts.  The new concrete will match the existing pattern for consistency.  Applicant proposes to replace the sidewalk at the corner of NW 9th and [NAME] to meet ADA requirements, and to retain the current sidewalks that are not impacted by the curb cuts of the ADA compliance.  Applicant proposes to install two new twin ornamental street lights at the corner of NW 9th and [NAME] , but to retain the existing street light mid-block on NW 9th Ave. and comply with the street tree requirements. | Applicant believes that the facts and arguments they made with  the Appeal Panel support the Board's approval of  Applicant's alternative scope of public improvements. | APPROVED.                                                                                                                  Appeal granted.
57 | 9/25/12 Panel | pavement, curb, sidewalk and street trees | Kent | [NAME] | 4134 SE Hawthorne | PW 12-18256 | Requirement for pedestrian corridor configuration on SE [NAME], dedication and planting of street trees. |  | No change at this time. | Applicant's reasons for alternates are as follows: 1) The proposed partial lot improvements are between two buildings that are not moving.  2) The dedication will create an odd bend in a currently straight sidewalk.   3)  Applicant will be forced to move a fence and large lighted sign that was permitted 05/31/01.  4) These additional changes will come at huge expense to the applicant while providing no benefit to the neighborhood.  5) Current project does not front Hawthorne.  6) The two small buildings on the subject site that front Hawthorne will require renovation at some point. This would be the time to redesign the sidewalk that actually works for those who use it. | [NAME]. Deny the appeal.  Direct staff to consider reducing right of way dedication and sidewalk construction at the limit of the sign as long as it can accommodate the 4' furnishing and 6' pedestrian through zones.
58 | 10/09/12 Panel | pavement, curb and sidewalk | SE 45th Ave | [NAME] | 6806 SE 45th Ave | PW 12-182593 | The current pedestrian corridor on SE 45th Ave is 7' from  the face of the curb to the property line.  A 12' pedestrian corridor is the current standard for a Neighborhood Collector.   Transit access Street, City Walkway  & City Bikeway Service Street.  This will accommodate a 6' wide sidewalk separated from the 6" curb by a 4" wide planting strip with a 6" frontage zone (area back of the sidewalk to the property line).  In order to accommodate the 12' wide sidewalk corridor, a 5' ROW dedication is needed.  The ROW dedication and reconstruction of the pedestrian corridor to (4.5-6-1.5) must occur before the  building permit can be released. | 17.88.020 | To maintain existing sidewalk configuration.  The existing  driveway will be removed and replaced with a 5' sidewalk matching the adjacent and existing sidewalk configuration.  A new driveway will be built to current PBOT requirements.  The additional approximately 42' of linear sidewalk will remain as is with no changes; the existing sidewalk was recently  replaced and is in excellent condition. | Majority of the pedestrian corridor is built at a configuration less than the current standard and the proposal matches existing improvements.  The dedication and improvement of the required ROW also has natural resource constraints.  Seven healthy mature pine trees ranging from 18-20" in diameter are currently on the applicant's property within 2-3" of the existing sidewalk  The current standard requires a 4' planting strip.  The intention of a planter strip is to buffer pedestrians from the street and provide shelter  and shade through the planting of street trees.  The proposed alternative  to keep the existing configuration would not provide planting strip. However, the seven trees are directly adjacent to the existing sidewalk and provide for year-round shade and shelter.  The alternative design would:                         1) match the existing adjacent configuration on a majority of the street;                                                               2) not require wasteful removal of a brand new sidewalk;                                    3) maintain easy access for Tri-Met riders;                                                               4) retain seven healthy mature trees that provide pedestrian shelter and shade. | [NAME].                                                Deny the appeal for dedication and approve the appeal for the sidewalk reconstruction.  [NAME] dedication documents be submitted by applicant prior to building permit issuance.  Existing trees to be preserved or equivalent street trees to be required.
59 | 9/25/12 Panel | pavement ,  curb and sidewalk | SW Plum | [NAME] | 3901 SW Plum | PW 12-182788 | Half-street improvements on SW [NAME]. | 17.88.010 | To install a full aggregate base road way section of 8" in the proposed half-street improvements.  The new rock section that is excavated to hard and non-yielding sub-grade will eliminate the existing potholes on the street. | The requirements to pave the street and add the storm system extension out strip the value of the new lots by a factor of 1.5. | APPROVED WITH CONDITIONS. Deny the portion of the appeal regarding street improvements including stormwater treatment facilities.  Storm sewer does not need to be extended, confirmation to be based on engineering analysis of the bureaus for adequate curb height and gutter flow.  Appeal applies only for this case and does not set precedent for future cases on this street.
60 | 10/9/2012 Panel | pavement, curb and sidewalk | SE 90th Ave | [NAME], Urban Visions | 4230 SE 90th Ave | PW 12-182118 | Requires frontage improvement to current City Standards for new buildings which requires 6-foot ROW dedication along the site's frontage. | 17.88.020 | To maintain current right of way width consistent with the entire surrounding area and plant new street trees behind the existing sidewalk within an easement granted to the City. | The alternate design is requested due to the fact that street frontage on the entire block is improved with curb & sidewalk and that all of the lots on the east side of the block are developed to full density.   The site is currently 51' deep, the 6' dedication would take this R5 zoned lot out of conformance with the lot depth standards and would require a complete redesign for the dwelling currently under permit review. | APPROVED.                                               Approve the appeal with the applicant providing a 4’ easement and street trees.
61 | 10/9/2012 Panel | pavement, curb, sidewalk and stormwater facilities | SE Malden St. | [NAME], Concept Design and Associates | 5323 SE Malden | PW 12-168894 | The following are required to receive building permit approval: - 4' dedication along SE [NAME] frontage. - Construction of pedestrian corridor to 8.5-6.5) curbs, swale, sidewalk, frontage zone. | 17.88.020 | New asphalt apron transition to connect the driveway to the street. This project is only intended to replace an existing house with a new one, and does not propose to make any other significant developmental changes to the property, such as by increasing density or change of use.  There is no foreseeable development on this site or adjacent properties.. | This project is intended  to be a replacement of the existing house .  There is no significant change of development on the site.  It is not likely  the  proposed house on this lot or in other adjacent lots will be removed to allow future development with design to comply with the underlying lot width of 25'.  Several very recent residential developments within the immediate vicinity have not been designed to comply with the minimum lot width of 25' , nor have they been required to provide a 15' wide sidewalk corridor.  Even though the underlying 25' lot width is possible for future development, most of the recently completed developments have continued to utilize a 50', 75' or even 100' lot width, with no improvements connecting the property to the street except for a new asphalt apron transition to connect the driveway to the street.  No curb, swale or sidewalk has been included.  It is the applicant's opinion that requiring a 15' wide sidewalk corridor composed of 6" curb,  8' swale, 6' sidewalk and 6" frontage zone on this property would be inconsistent and out of character with recently completed adjacent development. | APPROVED WITH CONDITIONS. Approve appeal with conditions of: 1) 4’ dedication to be provided; 2) 6’ concrete sidewalk and street tree(s) with a design and in a location approved by the City Engineer.
62 | 10/23/12 Panel | pavement, curb and sidewalk | NE 13th Ave, N/O Junior St | [NAME], City Redevelopment | 6720 NE 13th Ave | PW 12-194901 | Standard street improvements and dedication on NE 13th Ave. | 17.88.020 | Waiver. | Required improvements will not be consistent with existing street conditions and will have financial impact on the value of the property. | Continue appeal.  Inform applicant of ROW improvement requirements and details for the development to the north (1314 NE Dekum).  [NAME] applicant proposes alternative design for improvements and return to Panel (4-0).
63 | 11/06/12 Panel | pavement, curb and sidewalk | SE 142nd Ave | [NAME], [NAME] of Oregon LLC | 2053 SE 142nd Ave | PW 12-194941 | Standard street improvements on 2053 SE 142nd. | 17.88.020 | Waiver. | Applicant requested to be held to same standard as other recent development on the street. | APPROVED.                                      Approve appeal as proposed (100 feet of 6’ sidewalk with asphalt connection at north end and standard driveway without wings and street trees).  Need to ensure appropriate stormwater conveyance with BES approval.                  (5-0)
64 | 11/06/12 Panel | pavement, curb and sidewalk | SW Maplecrest | [NAME], Lancaster Engineering | 803 SW Maplecrest | PW 12-199852 | Requirements for half-street improvement on Maplecrest Drive | 17.88.020 | Waiver. | Reasons of applicant's request for reconsideration of the requirements for half street improvements on Maplecrest are: 1) None of the streets in the neighborhood have curbs or sidewalks, and half-street improvement would not be consistent with the character of the surrounding community; 2) Two nearby houses on Maplecrest Drive built in 2008 were not required to construct sidewalks; 3) Adjacent lots cannot be redeveloped in the future under the current zoning designation, so it is extremely unlikely that future redevelopment projects will construct sidewalks that would connect to those in front of the subject line; 4) The Portland Pedestrian Design Guide provides in Section A2.3 page A-4 that for situations such as this, exceptions to sidewalk construction are allowed. | APPROVED WITH CONDITIONS.  Approve waivers of remonstrance with condition of providing a separated sidewalk and street trees as approved by the City Engineer and stormwater conveyance as approved by the Chief Engineer.  4’ dedication still required.   (5-0)
65 | 11/06/12 Panel | pavement, curb and sidewalk | SE Boise Street | [NAME] | 9749 SE Boise St | PW 12-199860 | Requirements for standard frontage improvement on SE Boise St. | 17.88.020 | No alternate design proposal . | Hold improvement requirements until such time that  the entire street can have the same improvements. | APPROVED.                                                   Approve the appeal based on site conditions; low traffic volume; low speed; low potential for additional development; and lack of sufficient ROW.   (5-0)
66 | 11/06/12 Panel | pavement, curb and sidewalk | N Rivergate Blvd & Ramsey Blvd | [NAME], Archer Daniels Midland Company | 13940 N Rivergate Blvd | PW 12-199865 | Requirements for sidewalk and or curb on N Ramsey Blvd. | 17.28.020 | To not build a sidewalk along [NAME] frontage.  The proposed public sidewalk on Rivergate will provide a curb ramp at the corner of N Rivergate and N Ramsey that would allow for pedestrian crossing to the existing sidewalk on the north side of [NAME].  This existing sidewalk serves a bus stop existing businesses along [NAME]. | A sidewalk on [NAME] will not provide any pedestrian connectivity beyond applicant's property because [NAME] is being vacated at the rail crossing.  The north side of the project site has no pedestrian access due to security fencing and a 5 spur rail yard.  [NAME] will become a dead end at the east end of the applicant's property. | APPROVED.                                           Approve the appeal based on no access to site on this frontage; dead end street; and sidewalk on the opposite side of the street.                     (3-1)
67 | 11/06/12 Panel | pavement, curb and sidewalk | SE Tenino | [NAME] | 3734 SE Tenino St | PW 12-199870 | Requirements for standard street frontage improvement on SE Tenino St. | 17.88.020 | Waiver. | Street meets the intent of the "street by street" proposal.   There is no existing sidewalks or curbs on Tenino or SE 37th or SE 39th south of Crystal Spring Blvd. and no new traffic will be brought into the area by this development. | APPROVED WITH CONDITIONS.  Approve the appeal, with a condition that street trees are installed pursuant to the City Forester. Decision based on consistency with proposed “Street-by-Street” guidelines.  (5-0).
68 | 12/04/12 Panel | pavement, curb, sidewalk and stormwater facilities | Sargent #2, Lot | [NAME] c/o [NAME] | 12329 NW Sargent Lane | PW 12-208573 | Requirements for standard street frontage improvement on Skyline Blvd. | 17.88.020 | Waiver. | Applicant claims that none of the owners of the other approved lots in the subdivision were required to make similar improvements to Skyline Blvd as a condition of obtaining a building permit.  Applicant believes that this will not create more impact than the other lots. | APPROVED.                               Approve the appeal based on infeasibility for the construction of the standard required improvements and also alternate substandard improvements.
69 | 12/04/12 Panel | pavement, curb, sidewalk and stormwater facilities | SW 37th Ave | [NAME] | 7408 SW 37th Ave | PW 12-208650 | Requirements for standard street frontage improvement  and dedication on SW 37th Avenue | 17.88.020 | Repair existing potholes and add gravel as necessary along the entire length of 37th Ave as a result  of road disrepair during construction. | Potential "street by street" candidate.  Dead end street.  Surrounding properties are developed  and proximity of the existing house to the property line negates construction of street improvements due to zoning.  No existing curbs or sidewalks on SW 37th.  Any street improvements will not provide pedestrian or vehicular traffic benefits.   Dedication will dramatically reduce value of property.  [NAME] by the applicant to hold any improvements until such time that entire street can have the same improvements. | DENIED.                                               Deny the appeal.  The appellant may apply under the Public Works process for a 16’ wide paved street (based on engineering approval including public stormwater system) without need to return to the appeal process.
70 | 12/4/2012 Panel | pavement, curb and sidewalk | NE [NAME], East of 102nd Ave | Julia Lupekha, NW Iron Works, INC | 10930 NE Marx St. | PW 12-208656 | Requirements for standard street frontage improvement on NE Marx. | 17.88.020 | Waiver. | No existing curbs and sidewalks.  No potential for future development on NE Marx Street.   Financial constraints. | Continue appeal; appellant to discuss inclusion of frontage improvements into NE Marx LID.
71 | 12/18/12 Panel | pavement, curb and sidewalk | NE Elrod | [NAME], Group Mackenzie | 2167 Elrod Dr. | PW 12-213731 | Requirements for street frontage improvement. | 17.88.020 | To move the sidewalk on the south side of Elrod  Dr. out of the ROW and place it in a public access easement to be obtained from Multnomah County Drainage District. The walkway would be an 8' wide asphalt path.  The property owner would then be responsible for long term maintenance of the path.  The path would then align with the master plan that [NAME]  has along Elrod slough and would double as access for MCDD maintenance and pedestrian access. | By providing one access path it eliminates the need for side by side pathways.  One in the ROW and one on MCDD property for maintaining the slough.  The path also fits into MCDD master plan for Elrod slough and provides a pedestrian friendly multi use train along the south side of the slough. | APPROVED.                               Approve the appeal as proposed.  (4-0)
72 | 12/18/12 Panel | pavement, curb, sidewalk and stormwater facilities | SW Capitol Hwy & SW [NAME] | [NAME], Urban Visions | 9111 SW Capitol Hwy | PW 12-213758 | Requirements for standard full street improvement and ROW dedication along the SW Capitol Hwy frontage. | 17.88.020 | A widened shoulder within the existing ROW is proposed to allow for limited pedestrian access along SW Capitol Hwy. | Alternate improvements are proposed due to street classification & existing topographical constraints.  The full standard improvements along the site's frontage would likely remain isolated, without connection to improvements to the north or south, and would provide limited benefit to pedestrians.  The widened shoulder as proposed will provide a temporary but improved alternative for pedestrian access along the roadway and will allow a more comprehensive street plan in the future that results in a more connected pedestrian system. | APPROVED WITH CONDITIONS.   Approve appeal with conditions of 1) ROW dedication on SW [NAME] still required; and 2) shoulder widening not required.  [NAME] based on lack of current pedestrian connectivity in the area.  (4-0)
73 | 12/18/12 Panel | pavement, curb and sidewalk | Sequoia Flats | [NAME], Sage Structures | 5445 SE [NAME] Dr | PW 12-213778 | Requirements for standard street frontage improvement on SE [NAME] and SE Malden Drive | 17.88.020 | Waive sidewalk requirements and have a separated pedestrian asphalt pathway. | There is no existing curb and is not practicable to construct standard improvements. | DENIED.                                               Deny the appeal, no special circumstances or justification to approve an alternative solution.  (3Y-1A)
74 | 12/18/12n Panel | pavement, curb and sidewalk | SW [NAME] | [NAME], Hennebery Eddy Architects | 1350 SW Arnold Street | PW 12-213789 | Requirements for standard street frontage improvement on SW [NAME] | 17.88.020 | Design proposals are the following:                           I - Provide 2'-3' gravel on the shoulder of [NAME] for the extent of the property line where possible.                                  A) Using gravel would limit increased surface water runoff down the slope into [NAME].                            B) Maintaining a soft shoulder would dissuade cars from crossing fog line, potentially creating a safer condition for pedestrians.                                           II - Provide 2'-3' of asphalt on the shoulder of Arnold Street for the extent of the property line where possible.  [NAME] number one is preferred by the client. | Reasons for Alternate are the following:                                                         I - The majority of Pedestrian Corridor is built at a configuration less than the current standard and the proposals match existing improvements.                                                    II - The proposed design is an 1804 SE single-family residence replacing an excising 1304 SF single-family residence on a single lot where the majority of lots have been developed and there is no pattern of existing sidewalks in the area.                               III - The ROW has no topographic, existing development, and natural resource constraints.                              IV - The existing road has no curb and it is not practicable to construct standard improvements or interim path. | APPROVED.                               Approve the appeal for Alternate Proposal 1, with the condition that gravel shoulder be provided to a maximum of 6’ along the extent of the property line where possible without changing the existing drainage flow.  (4-0)
75 | 1/8/2013 Panel | pavement, curb and sidewalk | SW [NAME]. | Blank Family Homes, LLC | 4719 SW Patton Road | PW 12-213798 | Standard street improvement requirements  on SW Patton. | 17.88.020 | Appellant reaffirms the agreement to participate in improvements at such time as the City or adjoining neighbors wish to form an LID. | No sidewalks, curbs, or related improvements on SW Patton or SW 48th. | APPROVED.                                  Approve appeal as proposed, due to infeasibility of providing facilities in this location.
76 | 01/08/13 Panel | pavement, curb and sidewalk | SE Madison St. | [NAME], [NAME] Architecture | [NAME] (1403 SE Water Ave) | PW 12-219955 | Street and sidewalk improvements triggered by "Significant Alteration", and dedication on SE Hawthorne and SE Madison Streets. | 17.88.010 | If improvements must be provided, the applicant proposes the commercial driveway requirements  be applied to the frontage of Tax Lot 7000 (20 feet of frontage) as the addition is on this tax lot only. | The property is zoned IG1.  Implementation of the improvements required would result in a hardship to an industrial use which is not conducive to the goals of IG1 zone to promote viable industrial properties as the main goal.                                                                                                                           The curb, furnishing zone with landscaping, pedestrian through zone are in conflict with the location of the Hawthorne Bridge structural columns and the access to the garage door of the warehouse and its loading zone.                                                The pedestrian improvements should be safe and sidewalk should be designed and built to be free of hazards to minimize conflicts with obstacles and vehicular traffic.  Applicant cited that this is not the correct location to encourage pedestrian traffic because it will be directly through the path of heavy trucks and it does not  have a clear destination.  Location is also not feasible to add landscaping strip and overpass as any landscaping located directly underneath the bridge overpass would likely have trouble growing due to lack of direct sunlight and irrigation.      These improvements are also not feasible based on financial reasons. | DENIED.   Deny the appeal; require construction of 7’ curb tight sidewalk instead of previously required frontage section.
77 | 0108/13 Panel | pavement, curb, sidewalk and street lighting | Airport Way | [NAME], PACLAND-Portland, Inc. | 12518 NE Airport Way | PW 12-219956 | Sidewalk improvements,  dedication and street light relocation | 17.88.020 | Relief from the requirement to build the improvements. | Applicant is not seeking an alternate design  but relief from the requirement to build the improvements. | APPROVED WITH CONDITIONS.             Approve appeal with conditions of dedication and widened sidewalk corridor (to nominally 8’) from existing sidewalk corner to connection at [NAME]-in-the-Box walk connection; narrow sidewalk at vault and trees as needed (encroachment permits for vaults would be required).  Street trees to be provided as necessary.
78 | 1/8/2013 Panel | pavement, curb and sidewalk | Roselawn | [NAME], Urban Visions | 701 NE Roselawn | PW 12-212889 | Standard street improvement requirements and dedication on NE Roselawn | 17.88.020 | To maintain current right-of-way width consistent with the entire surrounding area and plant new street trees behind the existing sidewalk within a 4' easement granted to the City.  Granting the easement for street trees will meet the request of the City  Forester. | Street frontage on the entire block is improved with curb and sidewalk and that all of the lots on the north side of the block are developed to full density.                                                                                                                                                                  The site is currently 62.75' deep, the dedication options provided in the administrative appeal decision would affect the setback & lot coverage compliance for the design currently under building permit review and would require a complete redesign. | APPROVED.                                      Approve appeal; setbacks to be taken from property line as opposed to easement.  Notification of the requirements late in the process has no bearing on this decision.
79 | 1/9/2013 Board | pavement, curb and sidewalk | 37th Avenue | [NAME] | 7408 SW 37th Ave | PW 12-219957 | Standard street improvement requirements  and dedication on SW 37th Ave | 17.88.020 | To hold the improvement requirements until such time that the entire street can have  the same improvements based on the site conditions, low traffic volume (dead end) street, low speed,  and no potential for additional development. | Dead-end dirt road with 25' right-of-way.                                                                   All the lots in the site are developed   - there is no possibility for any dedication in the near future.                    - Any dedication will not provide pedestrian connectivity beyond the property.                                                              - Proposed improvements will not bring any additional traffic to the street.                                                               - Infeasibility for standard and substandard street improvements (paving the entire street) | APPROVED WITH CONDITIONS.   Approved with the requirement that the appellant is to repair street with gravel from existing edge of pavement at SW Caldew to the south property line of said property.  [NAME] of the street repair shall not be less than 16 feet and shall have a nominal depth of 8 inches of 1" minus crushed rock.  Appellant may make these repairs without a permit pursuant to City Code 17.42.025.  Appellant shall provide sufficient photographs of existing site conditions to city staff to make a determination if repairs can be performed without a permit.  Once repairs have been made, the appellant will notify city staff to verify that the conditions of the appeal have been met.  If the storm drainage pattern will changed due to the repairs, appellant will be required to acquire a PBOT "Grade & Gravel" permit. Appellant is also required to sign a waiver of remonstrance for future street improvements. (3-0)
80 | 01/15/13 Panel | pavement, curb, sidewalk and stormwater facilities | SE Ogden St | [NAME] / [NAME] | 5732 SE Ogden St. | PW 13-102886 | Improvements would consist of additional pavement to 13 feet from ROW centerline, 8 feet of public stormwater swale, 6 feet of sidewalk and leaving a 0.5-foot frontage zone behind sidewalk. | 33 and 17 | Waiver. | SE Ogden is currently has a 60' right-of-way with 22' pavement, which is more than adequate for a residential neighborhood and works well for this community.                                                   The requested improvements will be very costly given the fact that there are no frontage improvements in the 6 block vicinity of these lots.                  Appellant will sign a letter of non-remonstrance to improve the frontage or form a Local Improvements District. | APPROVED WITH CONDITIONS.   Approve the appeal with the condition that the project meet the Separated Residential Street Standard per the Street by Street program.  The Panel  recommends that a Limited Public Works permit be considered for this project. (5-0)
81 | 02/12/13 Panel | pavement, curb, sidewalk, and stormwater facilities | SW Canby bet SW 34th & 35th | [NAME], Urban Visions | SW Canby bet SW 34th & 35th | PW 13-111690 | Full street improvements and ROW dedication along the SW Canby St frontage. | 17.88.020 | To leave the existing gravel street surface in place.  The alternate design is requested because the subject site is 100' from the intersection & the frontage improvements would be isolated for an undetermined period of time.  [NAME] does not function as a through street due to the parking lot at the intersection of SW Canby & 34th Ave. | The alternate improvements are proposed due to the classification of SW Capitol Hwy & existing topographical constraints.  The full standard improvements along the site's frontage would likely remain isolated, without a connection to improvements to the north or south, and  would provide limited benefit to pedestrians.  The widened shoulder as proposed will provide a temporary but improved alternative for pedestrian access along the roadway and will allow a more comprehensive street plan in the future that results in a more connected pedestrian system. | Denied. Deny the appeal.  Applicant to construct sidewalk (only) and provide dedication (up to 14-ft) to accommodate future street/appropriate stormwater management facility.  Applicant to provide area survey (min) to Public Works staff for consideration of potential r.o.w. dedication reduction. (5-0)
82 | 02/12/13 Panel | pavement, curb and sidewalk | NW Thompson Road | [NAME], [NAME] | NW Thompson Rd. | PW 13-111724 | Requirement of a 7-foot curb tight sidewalk on NW Thompson Road |  | A 5-foot wide sidewalk in the area due to existing topographical conditions in the curb tight area from the end of walk.  The plans showed a 6-foot wide sidewalk, which can be constructed without retaining walls with a 12-15 inch thickened back edge and fencing behind the sidewalk.   No environmental impacts and no retaining wall will be required if the sidewalk is approved to 6 feet wide with a 12-15 inch thickened back edge as required with this application. | Sidewalk greater than 6 feet will extend beyond the top of the existing gabion wall and a retaining wall approximately 4-6 feet tall will be needed along the back of the sidewalk that will impact environmental c-zone  during construction from the end of walk in the northwest corner of the site where the existing terraced gabion wall are located running east. | Approved with conditions. Approve appeal with the condition that curb tight sidewalk meet ADA requirements. (5-0)
83 | 02/12/13 Panel | pavement, curb and sidewalk | SE Pardee Street | [NAME], Skoro Brothers Homes, LLC | 5518 SE Pardee St. | PW 13-112059 | Requirement for standard street frontage improvements and dedication on SE 56th Avenue | 17.88.020 | Leave the existing street frontage configuration as is. | The unimproved street provides limited access & serves no purpose to the area (very low traffic impact) | Denied. Deny the appeal.  Recommend applicant explore meeting standards for a 40 foot right-of-way, including options for the Shared Residential Street standard. (5-0)
84 | 02/12/13 Panel | pavement, curb and sidewalk | NE Airport Way | [NAME], [NAME] Architecture | 14912 NE Airport Way | PW 13-112068 | Requirements for a 12-foot sidewalk corridor, consisting of a 0.5-foot curb, 4-foot furnishing zone, 6-foot sidewalk, and a 1.5 frontage zone with a 7-foot dedication to meet the standards. | 17.88.020 | Allow the existing improvements, which are in good condition and were installed with public resources, to remain. | Reasons for the alternate are the following:                                                        1 - The existing street trees are a valuable public asset that contribute to the unified appearance of NE Airport Way and provide a pleasant experience for the pedestrian.               2 - The street trees and separation of a pedestrian from vehicular traffic by the bicycle lane combine to make a pleasant and functioning pedestrian environment.                                                3 - The required dedication negatively impacts the functionality of the site, including reconfiguration of parking spaces and narrowing of drive aisles. 4 - The existing improvements adequately serve the area and expected impact of the redevelopment of the site.                      5 - The cost to the public agency (the Police Department) to replace functioning infrastructure that was recently installed by another public agency (PDC) is disproportionate to the facility's impact on the transportation system, and creates an economic hardship for the Police Department. | Approved with conditions. Approve the appeal with the condition that there be an easement or dedication required (if required by staff) after analysis of existing easement. (5-0)
85 | 02/12/13 Panel | pavement, curb and sidewalk | SE Lambert | Mate Skoro, Skoro Homes LLC | 5908 SE Lambert | PW 13-112371 | Requirements for standard street frontage improvements on SE Lambert. | 17.88.020 | A paved driveway approach to property line and gravel area for parking in the area between paved street and property line or a to a 6' sidewalk. |  | Approved. Approve the appellant's alternative proposal as stated in the appeal application for a separated sidewalk, street trees and gravel parking area per the Separated Street standard. (5-0)
86 | 02/26/13 Panel | pavement, curb , sidewalk and stormwater facilities | N Dwight | [NAME], Mark Dane Planning , INC | 8705 N Dwight Ave | PW 13-117753 | Requirement for N Newman ROW to be graded to the proper line and grade, and the tree will need to be removed. | 17.88.020 | No improvements within the drip line of the white oak and on N Newman north of [NAME]. | No improvement is proposed to protect & preserve the heritage tree per recommendation of the arborist and Friends of Trees. | Approved with conditions.                   Approve the appeal with the condition of providing a pedestrian connection along the N Newman frontage.  Design to be approved by City Engineer with input from the City Forester.  (4-0)
87 | 02/26/13 Panel | pavement, curb, sidewalk and stormwater facilities | SW 12th & SW Woods | [NAME], [NAME] | 3106 SW 12th Ave | PW 13-117776 | Half street improvement on SW 12th and SW 11th Avenues. | 17..88.020 | Appellant is proposing the following on SW 12th Avenue:  - 10'6" of added asphalt paving                                               - 6" long curb                                 - 3'6" stormwater planter ;            - 4'0" sidewalk;                              and no improvements on SW 11th ROW. | Appellant alternate design proposal on SW 12th will accommodate vehicle, pedestrian and stormwater needs while allowing reasonable development of the subject property.   And no alternate design proposal of SW 11th because improvements will not provide benefit to the subject or adjacent properties. | Approved with conditions.                  Approve the appeal for SW 12th as presented with the additional condition of 20’ of pavement, curb, stormwater as required, and a 5’ sidewalk connection on SW 12th to SW Grover.  Engineering details to be approved through permitting review.  Approve the appeal for SW 11th with the condition of a sidewalk/stair connection open to the public from the property to SW Woods as proposed.  (4-0)
88 | 02/26/13 Panel | pavement, curb, sidewalk and stormwater facilities | SE 6th Avenue | [NAME] | 7980 SE 6th Ave | PW 13-117806 | Requirement for standard street frontage improvements on SE 6th. | 17.88.020 | Appellant is proposing the following Design:                         - New 6'-0" public sidewalk to be located at the face of the property line along SE 6th Avenue.                                           - New gravel shoulder, planting strip & street trees.      - New 16'-0" asphalt paving on  SE 6th Ave extending to the intersection of SE Nehalem Street.                                               - New 6'-0" X 90'-0" grassy swale along the west side of SE 6th Ave. | Existing site is naturally sloped east to west.  The most feasible location to provide a retro-fit stormwater collection system is along the east property line.  A schematic site layout indicates that a 6' wide grassy swale can be installed adjacent to the proposed new asphalt area.  The overall length of the proposed swales is 90 feet long with check dams at 15 feet on center. The appellant proposed to provide a ditch inlet catch basin or beehive type overflow structure at the end of the swale with a connection to the existing combined sanitary sewer line in 6th Ave.  Preliminary City PAC calculation indicate that the proposed grassy swale will meet Hierarchy # 1 for the 2yr and 10yr storm events.  Assuming an onsite infiltration rate of 2"/hr can be achieved.  If this infiltration cannot be achieved the proposed swale will be installed to meet water quality and detention requirements to the maximum extent practicable.  The proposed retro fit will improve the existing runoff condition, meet the city requirements to the maximum extent practicable and maintain the overall character of the surrounding neighborhood.  The appellant request is relief from the full street frontage improvements and standard City of Portland Pedestrian Guidelines. | Approved with conditions.                   Approve the appeal subject to the following conditions: - 6-ft sidewalk  - Paved section shall be min 20-ft wide (from site driveway to SE Nehalem - Appropriate stormwater management facility to be reviewed during Public Works  - Existing/proposed planters within r.o.w. abutting subj site to be reviewed/approved with [NAME] (4-0)
89 | 03/12/13 Panel | pavement, curb, sidewalk and stormwater facilities | [NAME] bet SE 115th Ave & 117th Ave | [NAME], Urban Visions | [NAME] bet 115th Ave & 117th Ave | PW 13-122761 | Requirement for full street improvements and dedication  on SE [NAME] frontage. | 17.88.020 | To leave existing center strip paving in place and no standard street frontage improvement. | Alternate design is requested because the site is mid-block in between two 25' wide lots that have been confirmed & developed without improvements to the street frontage and the same existing conditions with the three additional developed lots on the same side of the street. There are only two larger lots that could be developed with an increase in density.  These improvements would be completely isolated for an undetermined period of time without the formation of LID. | Approved with conditions.              Approve the requested relief with the requirement of waivers of remonstrance for the property.  Recommend that street trees be considered, as approved by the City Forester within the ROW.
90 | 03/12/13 Panel | pavement, curb, sidewalk and stormwater facilities | SE 47th & Carlton | [NAME], Faster Permits LLC | SE 47th & Carlton | PW 13-122762 | Requirement for standard street frontage improvements on SE Carlton | 17.88.020 | Street by Street pilot project eligibility consideration. | Reason for alternate design is  AARC recommendation to appeal for Street by Street pilot project eligibility consideration. | Pending.                                                       Continue this appeal for two weeks to allow for furthering of Street-by-Street process creation.  PW staff to contact appellant after two weeks to advise of status; if necessary, appellant may request additional two week continuance.
91 | 03/26/13 Panel | pavement, curb, sidewalk and stormwater facilities | Lot 3 | [NAME], Concept Design and Associates | 647 SE 151st Avenue | PW 13-128982 | Requirements for standard street frontage improvements, dedication and stormwater facilities on SE 151st Avenue. | 17.88.020 | No improvements. | Reason for alternate design is improvements will be inconsistent with the existing condition in the neighborhood. | Denied.                                                  Deny the appeal.  Recommend the applicant consider submitting for consideration of the street by street program for this project or make an alternate proposal.
92 | 03/26/13 Panel | pavement, curb, sidewalk and dedication | SE 72nd Avenue | [NAME] | 74 SE 72nd Avenue | PW 13-128994 | Requirements for pedestrian corridor configuration and dedication on SE 72nd Avenue. | 17.88.020 | No improvements and waive dedication requirement. | Reasons for the appeal are it is a small lot and dedication will make it less valuable;  and it is not consistent with the existing condition in the neighborhood. | Denied.                                                 Deny the appeal; suggest applicant pursue either an easement or a smaller dedication for the required tree(s).
93 | 03/26/13 Panel | pavement, curb, sidewalk and stormwater facilities | NE 117th Ave. | [NAME] | 433 NE 117th Avenue | PW 13-129008 | Requirement for standard street frontage improvements on NE 117th Avenue | 17.88.020 | No or limited frontage improvements. | Existing water meter and new water meter will have to be moved because both will be under the swale.  The east side of the street is high density.  Sidewalk will be isolated in the neighborhood if installed.  Pedestrian will have to cross the street to use the 85-feet of sidewalk.  This is not a through street. There is no sidewalk but curbs only after the turn onto [NAME].  These requirements would make this project economically infeasible. | Approved.                                      Approve the appeal as proposed with no improvements required; waivers of remonstrance will be required for this development.
94 | 3/26/2013 Panel             04/09/13 Panel Decision | pavement, curb, sidewalk and dedication | SW Davenport St | [NAME], Urban Visions | 1427 SW Davenport | PW 13-129022 | Requirements for 2' dedication and reconfiguration of the existing pedestrian corridor as a condition of approval for a new single family residential building permit. | 17.88.020 | Maintain current right-of-way width consistent with the entire surrounding area. | Reasons for alternate design are as follows:                                                            - The street frontage on the entire block is improved with curb & sidewalk; and all of the residential zone lots on the north side of the block are developed to full density.                     -This project is a replacement of an existing home.  It is very unlikely that the properties on both sides of the subject site will be widened to match the required improvements.                    - Neighboring property on the west side of the subject site is developed with a garage located right at the current right-of-way line.  The property to the east has a mature hedge at the property line with a detached garage located right behind the hedge.                                                                   - The requested dedication & realignment of the existing sidewalk will result in the new sidewalk terminating into the side of the garage to the west & the hedge to the east creating an odd alignment with no option for matching up in the future.                                                              - the proposed plan includes the retention of an existing 12" Hawthorne tree at the west end of the frontage within 9' of the existing ROW line and a future rain garden at the south east corner of the site. Due to top slope of the site, this is the most practical location for the rain garden but the location would need to change as a result of the dedication & reconfiguration. | Continue appeal for 2 weeks; requirement of at least 2 street trees.  Staff to work with the applicant for creating an acceptable solution.                                                                                                                                            Approved.  04/09/2013                             Approve the appeal as proposed.  Street trees will be requested in a location to be determined by the City Forester.
95 | 4/9/2013 Panel | pavement, curb, sidewalk and stormwater facilities | SE [NAME], E/O 45th Ave | [NAME] | SE Rex Dr.  E/O 45th Ave. | PW 13-135370 | Requirement for street improvements, create sidewalk and curb, and a swale to manage stormwater facilities. | 17.88.020 | The design proposal would match what is currently being done by all the neighbors on Rex Dr.  Mainly to handle any stormwater from the lot (it would flow toward the street as it is below the street).  And then let any street water continue to drain down the street as it already does now.  Also proposes to not install sidewalks as there are no other sidewalks on the street.  The cost of these improvements would also make developing this small odd shaped lot cost prohibitive. | The main reason to not do sidewalks is there are no other sidewalks on this street.  Putting sidewalk here would look out of place in this neighborhood.  Most of the lots are already developed on this street, so there is not a  lot of potential of creating new sidewalks on the street. | Approved.                                                     The panel's decision is based on the findings that constructing the standard improvements are infeasible due to the limited potential of additional development along SE [NAME] and conditions of the existing ROW (privately maintained street, mid-block location and slope of the site).
96 | 4/9/2013 Panel | pavement, curb, sidewalk and dedication | SE 86th Ave & SE Bybee | [NAME], Skoro Brothers Homes, LLC | 6928 SE 86th Ave | PW 13-135396 | Requirement to dedicate 6' of ROW. | 17.88.020 | Proposal to leave the existing configuration of a curb tight sidewalk. | The north side of [NAME] for numerous blocks are configured with curb tight sidewalk.  There is also no room for development, unless homes are torn down. | Approved.                                                     Approve the appeal with the condition of providing easement to support the City Forester's recommendation for street trees.                                              .
97 | 4/23/2013 Panel | pavement, curb, sidewalk and dedication | SE Mall & SE 55th | [NAME], ZTEC Engineers | 544 SE Mall | PW 13-135404 | Requirements for standard street frontage improvements and dedication on SE 55th Ave. | 17.88.020 | Street by Street consideration. | Dedication to accommodate improvements reduces the potential  building footprint by 28% which will have a significant impact on the development  potential of this property. | Approved.                                                    Approve appeal, applicant to construct SE 55th frontage of site (from SE Mall to southern end of site) to Street-by-Street standard.  Decision based on existing & restricting 25-ft r.o.w. width.
98 | 4/9/2013 Panel | pavement, curb and sidewalk | Colwood CPC/ZC | [NAME]. [NAME] on behalf of TPL | 7313 NE Columbia | PW 13-135412 | Requirement of 30% design improvements for the proposed Comprehensive Plan Change and Zone Change application. |  | To utilize the existing facilities to meet the current needs. | At this time, there is no proposed land use activity or change in use for the southern portion of Colwood Golf Course that abuts [NAME].  As such, the applicant is proposing that the existing condition remain as is until such time the adjacent property is developed.  [NAME] is proposing that the improvements be conditioned upon redevelopment of the 90 acre parcel that is to remain as [NAME].   This will allow ultimate improvements to be completed once and in harmony with the overall vision for the open space that will be articulated through a master plan process that engages the community in the design of the facilities that will serve them.  Furthermore this gives the City the opportunity to more closely study the Alderwood/Cully/Columbia intersection and determine an appropriate long-term solution for pedestrians, vehicles and bicyclist. | Approved.                                                    Approve the appeal as proposed to not provide conceptual design plans for the portions of the property that will remain as OS, based on the unique circumstances of the site.
99 | 4/17/2013 Board | pavement, curb, sidewalk and dedication | SE 72nd Avenue | [NAME] | 74 SE 72nd Avenue | PW 13-137306 | Requirements for street frontage improvements and dedication of 4' right-of-way. | 17.88.020 | Appellant will plant street trees but requesting to waive requirements for street improvements and dedication. | Appellant is concerned about creating a public row that will give public access to her front yard; and 4' dedication will shrink the lot size that will make it less valuable and potentially difficult to sell. | Approved with conditions. Grant the appeal with a condition that the applicant plant a tree(s) in the front setback that meet the requirements of the City Forester.  3-0
100 | 4/23/2013 Panel | pavement, curb and sidewalk | SW Moss & SW 17th | [NAME], Faster Permits LLC | SW Moss & SW 17th | PW 13-140338 | Requirements for half-street improvement on SW Moss St. | 17.88.020 | To match existing development of adjacent properties and create a grade break at the existing edge of pavement to build a driveway up toward the property; and proposal to build a floating sidewalk across the property's frontage. | Constraints including 20% site and offsite slopes, trees, and existing development patterns limiting future development potential.  This is a fully developed neighborhood and there is no pattern existing sidewalks in this area.  Additionally, there is  significant grade break at the existing edge of pavement with grounds going up at 20%.   In order to comply with the half-street improvement extensive excavation would be needed resulting in cuts and retaining walls in excess of 6 feet in height making it not only cost prohibitive but it would result in a negative effect on the environment and the aesthetics of the surroundings. | Approved with conditions. Approve requested appeal, with an interim improvement.  Appellant to construct separated sidewalk in proximity to existing edge of pavement per City Engineer's approval.
101 | 4/23/2013 Panel | pavement, curb, sidewalk and dedication | NE 43rd Avenue | [NAME] | 2111 NE 43rd Ave | PW 13-140352 | Requirements for sidewalk reconstruction and dedication. | 17.88.020 | To dedicate the 3.5-foot wide strip for a future sidewalk widening, but allow the existing improvements to remain.   The appellant is willing to record a waiver of remonstrance against the site that will require property owner to pay their proportional share of the widening of the frontage on NE Tillamook at such time when the entire block frontage is widened. | Reasons for alternate are the following:                                                        1- No additional capacity for pedestrians will be created by replacing the sidewalk and widening the sidewalk corridor by 3.5-foot.         2- The required improvements should reflect the transitions in zoning and edge of the Pedestrian District.                                                          3- The required sidewalk corridor and dedication is not compatible with the other CO1-zoned property on NE Tillamook Street, and extending the widened corridor to the adjacent property is likely infeasible. | Denied. Deny the appeal.
102 | 05/21/13 Panel | Dedication | SW Barbur & SW Luradel | [NAME], Faster Permits | 10355 SW Barbur | PW 13-144637 | Requirements for ROW dedication for future widening of SW Luradel. | 17.88.020 | No alternate proposal. | Reasons for request for relief from dedication requirement are the following:                                                          1- The proposed project has appropriate access to SW Barbur Blvd., which was permitted and constructed as part of the existing Public Storage facility.                               2- The proposed building expansion and related site development will have no access for either vehicles or pedestrians by way of SW Luradel Street. | Approved.                                                    Approved as proposed.
103 | 05/07/13 Panel | pavement, curb, sidewalk and stormwater facilities | SE Tenino Dr | [NAME] | 4835 SE Tenino | PW 13-144687 | Requirements for standard ROW improvements and on-street stormwater management requirements. | 17.88.020 | Request for a waiver, not an alternate design.  The small footprint of the existing structure will be retained in the new construction, and flow reducing trees and shrubs will be retained and augmented by the land owner. | Reason for alternate is it will retain the existing neighborhood-maintained streets and right of way.  This is in keeping with the neighborhood, which has limited potential for future development and has no other sidewalks in the vicinity. | Approved.                                                    Approve the appeal as proposed; waivers of remonstrance (for participation in a comprehensive street improvement under an LID) will be required at the time of building permits.
104 | 05/07/13 Panel | pavement, curb and sidewalk | SW Hume St & SW 37th Ave | [NAME], Urban Visions | 3652 SW Hume | PW 13-144695 | Requirements for full street improvements along the site's SW Hume and SW 37th frontages under the City's Street by Street pilot program. |  | Leave the existing center strip paving in place.  No standard frontage improvement. | Reasons for alternate are the subject site is an existing lot located on a corner within an area of unimproved streets & streets with below standard improvements.  Neither SW Hume nor SW 37th Ave is a City maintained street.  This site was developed in the past with a single family dwelling that was demolished in 2001.  One new single family dwelling is proposed for this site.                                                           The proposed alternate design is to leave the current frontage in place with a new 6' sidewalk with the existing right of way.  The alternate design is requested due to the fact that the site had been developed with a single family dwelling & a one for one replacement dwelling is being proposed.  During a land use review in 2008 that would have split the site in to two lots, PBOT development review noted that a relatively large number of pre-existing [NAME] in the general area supported the consistent level of improvement at this location.  Neither improvements or dedication were being required.  As a condition of final plat approval, the waivers would have been required.                                    PBOT engineer has identified the need for the removal/relocation of a ganged mailbox/trees/guardrail to accommodate the improvements.  PBOT has also noted the need for fill to accommodate the requested improvements and it has been noted that the steep slope of SW 37th Ave would present a challenge for preventing stormwater runoff from causing damage to downstream properties. | Approved.                                         Approve requested relief: no r.o.w. improvements to be constructed; applicant to submit completed/executed [NAME] of Remonstrance at the time of Building Permit Review.
105 | 05/07/13 Panel | pavement, curb and sidewalk | SW Hume ST bet SW 36th Ave & SW 37th Ave | [NAME], Urban Visions | 3634 SW Hume | PW 13-144717 | Requirement for full street improvements along the site's SW Hume St frontage under the City's Street by Street pilot program. |  | Leave existing center strip in place.  No standard street frontage improvement. | The subject site is an existing lot located mid block with an area of unimproved streets & streets with below standard improvements.  SW Hume is not a City maintained street and there is no defined stormwater disposal or conveyance system along this block.  This site is currently developed with a single family dwelling that is proposed to be demolished & replaced with one new single family dwelling.                                 The alternate design is requested due to the fact that the site is currently developed & a one for one replacement dwelling is being proposed, the requested improvements would be isolated between two fully developed lots.  PBOT Engineer has also identified the need for fill to accommodate the requested improvements and it has been noted that a 7' row dedication would be required to accommodate these improvements.  Because row of dedication cannot be requested, the improvements including the fill/widened roadway embankment would need to accommodated with in the existing row restricting vehicle travel.  The fill would also be problematic for infiltration of stormwater runoff from the new improvements & as previously stated, there is no existing system to tie in to with a flow-through facility. | Approved.                                    Approve requested relief: no r.o.w. improvements to be constructed; applicant to submit completed/executed [NAME] of Remonstrance at the time of Building Permit Review.
106 | 05/21/13 Panel | pavement, curb, sidewalk and stormwater facilities | NE Gilson & NE 128th Ave | [NAME], [NAME] District | 12900 NE Gilson | PW 13-144788 | Requirement for frontage improvements along NE 128th Ave. | 17.88.010 | Proposal of a new curb, stormwater facilities, and sidewalk along the District owned frontages of 128th Avenue. | Improvements would present a financial hardship to the District's limited budget.
107 | 05/14/13 Panel | pavement, curb, sidewalk and dedication | N Melrose Drive | [NAME], Hathaway Koback Connors LLP | 3739 N Melrose | PW 13-144799 | Requirement for pedestrian corridor configuration and dedication on N Melrose Dr frontage. |  | To provide stripe and signed crosswalk connecting the existing sidewalk on the southeast side of N Melrose Drive to Overlook Park consistent to the existing pedestrian pattern.   Appellant is willing to discuss granting an easement along the subject property and construction of a curb tight sidewalk.  [NAME] is also willing to discuss consideration of waiver of remonstrance. | Appellant is convinced that the primary alternative is consistent with the City Code, promotes safety and does not require dedication. | Approved with condition.             Approve the appeal with the condition of requiring waivers of remonstrance.  Decision is based on site distance, safety concerns, and lack of ability to continue the sidewalk in the future.
108 | 05/21/13 Panel | pavement, curb and sidewalk | SE 49th & SE Henderson | [NAME] | 7406 SE 49th Ave | PW 13-144842 | Requirement for full street improvements along the site's SE [NAME] frontage. | 17.88.020 | To leave the existing center strip paving in place.  No standard street frontage improvement. | Alternate design is requested because the subject site will be mid-block & the frontage improvements would be isolated for an undetermined period of time.   It will be more practical to encumber the subject site with waivers until such time that an LID can be formed. | Approved with conditions.        Approve appeal with the condition that the required dedication of 3' be provided in addition to waivers of remonstrance.
109 | 06/04/13 Panel | pavement, curb, sidewalk, dedication and stormwater facilities | NE Hancock | [NAME] | 13529 NE Hancock | PW 13-160198 | Requirement for a frontage improvements, dedication and stormwater facilities on NE Hancock. | 17.88.020 | Waiver of the right to remonstrate against the formation of a local improvement district so that a comprehensive project that results in tangible benefits can be pursued.  If first alternative is not approved, appellant is prepared to construct improvements on a more limited scope.  Without the dedication, appellant could construct a curb and sidewalk along the property frontage.  Appellant proposes that the sidewalk be configured similar to the existing sidewalk on NE 136th Ave. | Waivers can be useful in future projects that would result in a comprehensive sidewalk system that benefits the neighborhood.    The existing design and width of the improvements are the most efficient and safe design. | Approved with conditions.       Approve appeal as requested with the condition of requirement of both waivers of remonstrance and 2' dedication.  Lack of development potential provided as the basis of the decision.
110 | 06/18/13 Panel | pavement, curb, sidewalk and dedication | NE 72nd Ave | [NAME], Urban Visions | 4625 NE 72nd Ave | PW  13-166114 | Requirements for a full street frontage improvements and ROW dedication along NE 72nd frontage. | 17.88.020 | Separated pathway within the existing ROW is proposed to allow for pedestrian access along NE 72nd Ave. | The alternate design is requested due to the fact that the site immediately to the north was recently partitioned and developed.  [NAME] of remonstrance were accepted during the final plat review.  During the land use review in 2006, PBOT development review noted that there are a number of pre-existing [NAME] in the general area and that there was little opportunity for additional development along the street that would enable that City to obtain the necessary dedications & improvements to establish the pedestrian network in the area.    The full standard improvements along the site's frontage would likely remain isolated, without a connection to improvements to the north or south, and would provide limited benefit.  The separated pathway as proposed will provide a temporary but improved alternative for pedestrian access along the roadway and will allow for a more comprehensive street plan in the future that results in a more connected pedestrian system.  Relief is also requested from the requirement for ROW dedication due to the fact there is no mechanism to request the same dedication from the other sites on this side of the block.  None of the other sites are large enough to be divided so any future development would be in the form of a one for one replacement.  The City cannot request right of way dedications when proposed development is a one for one replacement. | Denied.                                        Insufficient information submitted to justify alternative solution.  (5-0)
111 | 07/02/13 Panel (Rescheduled from 06/18/13) | pavement, curb and sidewalk | SW 37th Ave | [NAME] | 11740 SW 37th | PW 13-166140 | Requirement for a 0-4-5 sidewalk configuration. | 17.88.020 | To match or equal all the existing sidewalks in the area. | SW [NAME], SW 37th and [NAME] are all dead end streets with a 0-5 sidewalks on the north side of [NAME] and 0-5 sidewalks on the west side of SW 37th  and the north side of SW Stephenson. | Denied.                                                   Deny the appeal.  Eliminate the requirement to construct improvements on SW [NAME] at this time; require the construction of the sidewalk on SW 37th in the standard configuration.  Corner also to be constructed.  [NAME] of remonstrance for construction of SW Stephenson at a future date will be required.
112 | 06/18/13 Panel | pavement, curb and sidewalk | SE 65th Ave & SE Holgate Blvd | [NAME], Faster Permits LLC | 4422 SE 65th Ave | PW 13-166149 | Requirement for a 6' dedication and reconstruction of the sidewalk corridor to 12' consisting of the .5-ft curb, 4-ft furnishing zone, 6-ft sidewalk, and a 1.5-ft frontage zone. | 17.88.020 | A 5-ft curb, 4-ft furnishing zone, 6-ft sidewalk, and a 1.5-ft dedication , and a portion of the sidewalk located with an easement on the subject property. | Proposed development does not allow for loss of land resulting from a dedication.  In this scenario, the improvements are still constructed as desired. | Denied.                                              Denial on the 6-foot easement and leave the 6-foot dedication requirement on SE Holgate; and approval to leave SE 65th as is.
113 | 06/18/13 Panel | pavement curb and sidewalk | SW 48th & SW Maplewood | [NAME], PE - Welkin Engineering, PC | SW 48th & SW Maplewood | PW 13-166154 | Requirement for standard improvements along SW Maplewood frontage. | 17.88.020 | To waive construction of any frontage improvements on Maplewood Rd. | Since the basic guidance meeting, [NAME] has been widened to 26 feet, all speed bumps have been removed, the  travel lanes have been designated as bikeways, and a 5-foot asphalt grade pedestrian path has been constructed on the south side of the road.  The north side of Maplewood fronting the subject lot is unchanged. | Approved.                                                                  No right-of-way improvements to be constructed along SW Maplewood; applicant to submit completed/executed [NAME] of Remonstrance at the time of Building Permit Review. (5-0)
114 | 07/02/13 Panel | pavement, curb and sidewalk | SE Nehalem Ct | [NAME], [NAME] | 14336 SE Nehalem Ct | PW 13-171832 | Requirement for standard improvements and additional dedication for the 5 undeveloped lots. |  | To install sidewalks on lots 11, 12 and 25 to match existing sidewalks and a curb-tight sidewalks on lots 21 and 22 to avoid conflict with existing utility risers. | The requirement for additional dedication and sidewalk construction to current standards on these 5 lots is impracticable because there is no likelihood of connecting to future sidewalks; adjacent lots are developed without sidewalks, or they will not match to the existing sidewalks. | Lot 21 & 22 – Deny the appeal.  Require 5’ curb tight sidewalk; grant ability to provide easement to construct sidewalk around obstacles within existing ROW.                            All other lots (11, 12, and 25) – Approve the appeal as proposed (4-5-0 sidewalk configuration).
115 | 7/16/2013 Panel | pavement, curb and sidewalk | SE Rural | [NAME] | 8744 SE Rural St | PW 13-176551 | Requirement to build sidewalk corridor per the Pedestrian Design Guide for Local Service Streets where ROW is less than 50"-0". |  | To provide a curb-tight 5-foot wide concrete sidewalk and 1.5-foot wide frontage zone aligning to the sidewalk of the westerly neighbor and aligning to sidewalks to the east.  This requires a widening of the existing Rural St. ROW of 40-foot via a  5-foot wide dedication to 45 feet wide along the frontage of the subject property. | The originally platted width of the ROW along SE Rural is 40 feet allowing vehicle traffic but without pedestrian corridors.  The recent redevelopment  (with the last ten years) on both sides of the ROW has widened the ROW via a dedication of 5-foot along the street frontage indicating a widening the ROW to 50 feet eventually.  The subject property is adjacent to a property having already provided the 5-foot dedication as numerous properties to the east having made similar 5- foot dedications.   The existing concrete sidewalk is a curb-tight design.  Reducing the furnishing zone as proposed allows for a sidewalk to align with the through pedestrian zone and is in keeping with the established ROW widening dedications in place. | Denied.                                                   The Panel cited that there are no existing physical barriers or conflicts to providing the standard 11-ft wide sidewalk corridor along the site's frontage.  Property dedication of 9-10 ft will be required to accommodate the standard sidewalk corridor (to be confirmed by a survey).
116 | 7/16/2013 Panel | pavement, curb, sidewalk and stormwater facilities | SW 28th and SW Nevada | [NAME] | 7208 SW 28th Ave | PW 13-176563 | Requirement for pedestrian corridor configuration on SW Nevada Court. |  | To build a floating sidewalk along the property frontage on SW Nevada. | No other curbs nearby on SW Nevada.                                                                           Drainage volume do not warrant a swale.                                                             No additional impervious area proposed.                                                            Constructing a sidewalk only will enhance direct movement by pedestrians without hindering the character of the neighborhood. | Deny the appeal based on the likelihood that a storm sewer extension may not be required for the project.
117 | 7/16/2013 Panel | pavement, curb and sidewalk | [NAME] | [NAME], [NAME], LLP | 2024, 9030, 9036 and 9042 SE Oak | PW 13-176576 | Requirement for a half-street improvement including at least 20 feet of pavement, curb, stormwater management facility and sidewalk required along the frontage of 3 of the 4 lots.  An alternative design may be permissible on the 4th lot if acceptable to PW Design review. | 17.88.020 | The proposed design would not consist of any new permanent improvements, but will not regrade and regravel the existing gravel section of Oak Street from SE 90th to SE 91st, so that the street can easily be driven across. | 1. There have been a number of homes constructed in this area during the past 12 years on local substandard streets without requiring the builder to upgrade the street frontage.                                                                                     2. Street waivers have been collected by the City for the applicant's lots and the appellant presumed for a number of other lots in the neighborhood particularly those where homes have been constructed in recent years.                                                                                                                  3.  There are limited number of vacant lots in the neighborhood on which additional homes can be constructed.                                                       4.  Title 17.88.020 | Denied.                                                   Deny the appeal as the conditions of the site and project do not meet criteria for approval.
118 | 7/30/13 Panel | pavement, curb, sidewalk and stormwater facilities | SE Ogden St | [NAME], Hathaway Koback Connors LLP | 7328 SE Ogden  Unit A | PW 13-183639 | Requirement for a standard street improvements and stormwater swale. | 17.88.020 | Waiver. | 1.  The appellant has fully performed the condition of the final land use decision and that decision cannot be re-opened.                                                      2. The final land use decision embodies a binding agreement that requires the City to waive standard improvements.                                             3.  There is no potential for any other public improvements in the vicinity. | Approved.                                           Grant the appeal on the basis that the site has inadequate length and width of frontage (12 feet accommodates only a driveway).
119 | 7/30/2013 Panel             - Rescheduled to 8/13/2013 | pavement, curb, sidewalk and stormwater facilities | SE Lexington | [NAME], Hathaway Koback Connors LLP | 5701 SE [NAME] | PW 13-183671 | Requirement for standard street improvements on the frontage of both lots and a stormwater swale. | 17.88.020 | Waiver of remonstrance for future improvements that will have significant benefit and if dedication may be required , the appellant sill consider a voluntary dedication as well. | 1.  Requiring limited public improvements on SE Lexington are an excessive burden on one owner that will not provide any tangible public benefit because the development pattern will not support any further improvements in the area. 2.  The required dedication and exaction of money for public improvements constitutes an unconstitutional taking and the City is required to meet the rough proportionality test, which is not done.                                                                3.  Equal Protection Clause. | Rescheduled to Aug 13, 2013
120 | 7/30/2013 Panel | pavement, curb and sidewalk | SW [NAME] | [NAME], Mission Homes NW | 3926 SW [NAME] | PW 13-183737 | Requirement for standard street improvements. | 17.88.020 | 1. Sloping paved driveway to meet the existing edge of pavement.                                     2. Stormwater swale will be constructed along the east side of the property to collect and treat on-site stormwater as well as the naturally occurring drainage from SW [NAME] that will sheet flow on the site.                                    3. A tapered layered paved surface to meet the edge of the pavement and include an additional 3' of pavement along the frontage of the property.  This will provide additional width for pedestrian movement westerly toward Capitol Highway and allow for the driveway transition to meet the pavement edge. | 1.  No existing curbs and sidewalks.     2. Topographic constraints. | Postpone decision until Street by Street committee and other technical bodies can provide information regarding designating SW [NAME] as a Shared Street.
121 | 9/4/13 Board | pavement, curb, sidewalk and stormwater facilities | NE 72nd | [NAME], Hathaway Koback Connors LLP | 4625 NE 72nd Ave | PW 13-183934 | Requirement for standard street improvements on the frontage of all three lots and stormwater swale. | 17.88.020 | To construct a pedestrian pathway across all three of the proposed lots that will be separated from the street. | The requested improvements would not align with the current street and would likely remain isolated for the foreseeable future. | Final.                                                       [NAME] back to staff without prejudice.
122 | 08/07/2013 Board | pavement, curb and sidewalk | SW 37th Ave | [NAME] | 11740 SW 37th | PW 13-183947 | Requirement for a 0-4-5 sidewalk configuration. | 17.88.020 | To construct a 0-5 sidewalk in front of property. | The requirement does not fit this neighborhood.  Over 72% of all residential housing are fronted with a 0-5 sidewalk. | Denied.                                                           Deny the appeal.  [NAME] the construction of the sidewalk in the standard configuration as originally required.
123 | 9/4/2013 Board | pavement, curb, sidewalk and dedication | SE 65th Ave & SE Holgate Blvd | [NAME], Hathaway Koback Connors LLP | 4422 SE 65th Ave | PW 13-184253 | Requirement for a 6-foot dedication on SE Holgate frontage. |  | To construct the improvements partially within an easement and a design that will retain the current corner improvements and not require relocation of the existing utility pole and guy wire. | Requirement will reduce property value and loose one buildable lot.  The impact upon the appellant substantially exceeds the impact created by the proposed  development. | Final.                                                       [NAME] back to staff without prejudice.
124 | [NAME] | pavement, curb, sidewalk and stormwater facilities | SW 46th Ave & SW Carson | [NAME], Hathaway Koback Connors LLP | 8324 SW 46th Ave | PW 13-189537 | Requirement for a 2-foot dedication on the SW 46th Ave frontage of the new lot and construct half-street improvements along the frontage of both of the subject lots, including an 8-foot wide stormwater swale. | 17.88.020 | To dedicate the property required for the improvements and a waiver. | SW 46th Ave has no improvements. There is an established development pattern that does not include public improvements.   Any improvements would remain isolated for the foreseeable future. | Approved with conditions. Grant the appeal with the condition of the applicant providing [NAME] of Remonstrance.  The Panel agrees with the City's Essential Nexus and Rough Proportionality Analysis as provided.  The Panel supports that [NAME] of Remonstrance be provided and determines that no improvements should be required at this time.
125 | [NAME] | pavement, curb, sidewalk, stormwater swale and dedication | SW 47th Ave and SW Garden Home | [NAME], Hathaway Koback Connors LLP | 8235 SW 47th | PW 13-189545 | Requirement for a  2-foot dedication on the SW 47th Ave frontage and stormwater swale. | 17.88.020 | To dedicate the property required for the improvements and a waiver. | There is an established development pattern that does not include public improvements.  Any improvements would remain isolated for the foreseeable future. | Approved with conditions. Grant the appeal with the condition of the applicant providing [NAME] of Remonstrance.  The Panel agrees with the City's Essential Nexus and Rough Proportionality Analysis as provided.  Repair of the roadway surface shall be required if damage is caused by the applicant's construction activities.
126 | [NAME] | pavement, curb, sidewalk, stormwater facilities and dedication | SW 33rd Ave and SW Capitol Hwy | [NAME], Hathaway Koback Connors LLP | 7549 SW 33rd Ave | PW 13-189546 | Requirement for a half-street improvements. | 17.88.020 | To dedicate the property required for the improvements and a waiver. | There is an established development pattern that does not include public improvements.  Any improvements would remain isolated for the foreseeable future. | Cancelled. Based on information submitted to the Panel, staff requested that the appeal be dismissed and the project be returned to staff to adjust the project conditions.  The intent is that staff will change the conditions previously given to meet the terms of your appeal.  The Panel has concurred and dismissed the case.
127 | 8/27/2013 Panel | pavement, curb, sidewalk, stormwater facilities | SE Tolman & SE 50th | [NAME], Hathaway Koback Connors LLP | 5017 SE [NAME] | PW-13-194835 | Requirement for a standard frontage improvements along SE [NAME]. | 17.88.020 | Waiver. | There are no street improvements for approximately 10 blocks along SE [NAME].   The majority of the lots in the area are not large enough to support further land division making redevelopment to be unlikely and the required improvements to be isolated for a very long time. | Approved with conditions. Grant the appeal with the condition of the applicant providing [NAME] of Remonstrance.  The Panel agrees with the City's Essential Nexus and Rough Proportionality Analysis as provided.  The Panel has determined this particular case meets the exception underneath Pedestrian Design Guide A 2.3 and agrees with the applicant that [NAME] of Remonstrance are appropriate.
128 | 8/27/2013 Panel | pavement, curb & sidewalk | SW 3rd Ave | [NAME] | 7209 SW 3rd Ave | PW 13-194842 | Requirement for sidewalk installation. | 17.88.020 | Install curb without sidewalk. | Alternate design will save tree on the corner of the lot; it will be in compliance with the Street by Street initiative; and it will address the stormwater runoff from the neighboring streets. | Denied.                                             Deny the appeal to build only a curb. Allow staff to work with applicant to create limited curb tight sidewalk near intersection to preserve tree.  Applicant to work with City of Portland maintenance staff to address SW 4th Avenue stormwater impacts.
129 | 8/27//2013 Panel | pavement, curb & sidewalk | SW [NAME] | [NAME] | 3737 SW Sweetbriar | PW 13-194844 | Requirements for a pedestrian corridor configuration and dedication | 17.88.020 | Waiver. | This is a City maintained street with no curb or sidewalk.  Severe topography adjacent to the pavement.  The street as currently designed, constructed and maintained has a stomwater collection system. The paved street width provides room for limited street parking while still allowing access and room for a pedestrian walkway. Appellant has proposed a 20-foot wide driveway that will allow off-street parking.  Future redevelopment are unlikely. | Approved.                                Approved the appeal, as requested.
Public Works Board of Appeals Executive Session | 9/4/2013 10:00 AM - 11:00 AM Executive Session |  |  |  | E Burnside Conf Rm, 8th Floor, 1120 SW 5th Ave |  | Project discussion for appeal # 121 - 4625 NE 72nd Ave and appeal # 123 - 4422 SE 65th Ave |  |  |  | Public Works Board of Appeals Executive Session is scheduled authorized under the statutory provisions ORS 192.660(2)(h) and ORS 196.660(2)(f), to discuss legal issues underlying the submitted appeals # 121 & #123.                                                      This is not open to the public.  Any decisions regarding these cases or other specific appeals will not be made until subsequent public hearing is held.
130 | 9/10/2013 Panel | pavement, curb & sidewalk | SE 141st Ave | [NAME] | 4146 SE [NAME] | PW 13-200346 | Requirement for standard street frontage improvements. | 17.88.020 | No alternative design proposal. | Requiring standard street frontage improvements would be an isolated improvement at this location.                                                       Low volume pedestrian and vehicular traffic.                                       It is a Non-City maintained street. The City has a plan in place to require all the property owners to contribute to the construction of full street improvements.                    The improved street will become a hazard.  The breakdown of the  asphalt from the surrounding gravel street is inevitable and will be detraction and safety hazard  according to the appellant. | Cancelled.
131 | 9/13/2013 Panel | pavement, curb & sidewalk | [NAME] Apartments | [NAME] | 8150 SE 23rd Ave | PW 13-200385 | Requirement for standard pedestrian corridor configuration on SW Tacoma & SE 23rd and construction of ADA corner ramp. | 17.88.020 | 1 - No change to Tacoma St except new ADA ramp at the corner.                              2 -23rd Street to allow 6-foot sidewalk where possible but to go down as little as 4 feet where trees & property lines encroach on standard 11' ROW. | 1 - The property is zoned R2.  The main frontage along SE 23rd, would meet guidance under TRN  1.22 for infill development up to R5 zoning, which would allow the current configuration.                          2-  The current configuration on SE 23rd is 6-5-1. The existing is currently very close to meeting the standard.                                             3- SE 23rd is designated as a local service street.                                4- The north portion of the property along Tacoma S is across from R5 zoning.                       5- The property is less that 50' in length.                                                           6- There is an existing ADA ramp at the corner that does not meet current standards.  If the developer is granted relief of the SE 23rd improvements, the developer is requesting not be required to install a new ADA ramp.                       7- At the pre-application meeting on Sept 2007, the developer claimed that PBOT representative told him that if he did not propose to remove or replace anything, that he would not have to comply with upgrading anything to current codes.                                                        8-  Tacoma Street frontage | Approved with conditions. Grant the appeal as modified through discussion with the applicant to incorporate the following conditions:  - 11' pedestrian corridor on SE 23rd (provide dedications where necessary)  - Work with staff including City Forester to preserve trees where possible on SE 23rd, modifying sidewalk width as needed (minimum width 4' clear)  - 12' pedestrian corridor on SE Tacoma along project frontage
132 | 9/24/2013 Panel | pavement, curb , sidewalk and stormwater facilities | SE 88th & SE Market | [NAME] | 1625 SE 88th Ave | PW 13-206237 | Requirement for street frontage improvement  & stromwater management facility. | 17.88.020 | Proposal to add approximately 5 feet of additional pavement width along the 100 feet of lot frontage to provide additional pavement width. | 1 - A number of homes constructed in this area during the past 10 years on sub-standard streets without requiring the builder to upgrade the street frontage.                                                      2 - Street waivers have been collected by the City over the years.                                                              3 - Limited development potential as there are only limited numbers of vacant lots in the neighborhood.                                          4 - It is not the most economical way of constructing the street frontage improvement. | Postponed.
133 | 9/24/2013 Panel | pavement, curb and sidewalk | SW Davenport St | [NAME] | 1137 SW Davenport | PW 13-206270 | Requirement for street frontage improvement & dedication. | 17.88.020 | Waiver. | 1 - No other property visible along SW Davenport has these improvements in place.                       2 - This is an infill property where the majority of the homes along SW Davenport is long established and has been placed close to the street.                 3 - Adding a sidewalk and landscape strip to this site would result in steep 14-16 slope.                 4 - It would require additional retaining walls at the front of the site to prevent erosion of the landscaped area.                                   5 - It would diminish the amount of landscaping in front of the house and add additional impervious surfaces.                            6 - It would be out of character with all the neighboring homes, setting a new precedent.                  7 - Both east and west ends of the sidewalk would end abruptly on the neighbor's landscaped yards.                                                             8 - It would add additional impervious surfaces and stormwater run-off to the City's stormwater sewer. | Approved. Approve appeal as proposed for the option of providing a waiver of remonstrance in lieu of improvements.
134 | 9/24/2013 Panel | pavement, curb and sidewalk | PanaVista Park | [NAME] | 2817 NW 81st Pl | PW 13-206285 | Requirement of street frontage improvement . | 17.88.020 | Waiver. | 1 - When vehicles are parked on the driveway, the vehicle will block the entire sidewalk.                     2 - If the sidewalk were to be built, the driveway slope will be a minimum of 22% making is impractical to use driveway and/or garage.                                         3 - The required sidewalk will not connect to any other sidewalk.      4 - The house is built per City approved plans with City approved set-backs. | Approved. Approve appeal as requested.  Applicant required to submit [NAME] in lieu of constructing standard frontage improvements.
135 | 10/08/2013 Panel | pavement, curb, sidewalk and dedication | SE [NAME] | [NAME] | 10011 SE Liebe | PW 13-212258 | Requirement of sidewalk improvement and 5' dedication | 17.88.020 | Maintain current ROW width consistent with the entire surrounding area and plant new street trees behind the existing sidewalk within an easement granted to the City. | The street frontage on the entire block in improved with curb and sidewalk and that all the lots of the north side of the block are developed to full density.  PBOT  rules do not allow for ROW  dedication where the street frontage is already improved and the proposed development is for a new house to replace an existing house.  Based on these conditions, it is highly unlikely that the pedestrian corridor to east or west of the subject site will ever be widened to match up with the subject site.                                                The site is currently 72' deep; the 5' dedication would require a complete redesign for the house currently under permit review in order to meet setback improvements. | Approved.                                                  Approve the appeal, with Panel finding staff decision inconsistent due to the reasons provided by the appellant.
136 | 10/22/2013Panel | pavement, curb, sidewalk  and dedication | NE Siskiyou | [NAME] | 8055 NE Siskiyou | PW 13-216393 | Requirement of 2-foot dedication and reconstruction of sidewalk corridor. | 17.88.020 | Leave existing condition as is. | Older and well-established neighborhood and very little potential for redevelopment.   There is an existing curb and curb tight sidewalk  in good condition and the corners along NE Siskiyou were recently reconstructed to meet ADA standards.  City water and sanitary sewer lines run in front of the lot with the NE Siskiyou ROW. | Denied.
137 | 10/22/2013 Panel | pavement, curb, sidewalk and dedication | NE 47th Ave | [NAME] | 1615 NE 47th Ave | PW 13-216575 | Requirements of frontage improvements and dedication. | 17.88.020 | To add two additional feet to the sidewalk to widen the passage of pedestrian traffic in front of the homes but not interrupt the flow of pedestrian traffic.    Waiver of remonstrance. | 1.  [NAME] is a large corridor of 430 feet from NE Broadway to NE Halsey.  This is a mature neighborhood, and the weaving in and out of this 46.5 feet frontage would be very disruptive and hard to accomplish with a smooth transition.                                   2.  A waiver of remonstrance for a project of this magnitude makes sense.  The City formed regularly over the years for neighborhood improvements.  The piece meal approach would not insure the sporadic improvements would be functional at the time of  other improvements.                                          3.  Neighborhood is developed.  There is no evidence of recent new construction requiring similar dedication visible.                                  4.  This site is midblock; mature neighborhood that is all built out with little potential for development. | Final.                                                                                                              Remand the case to staff to consider proposal for a 12 foot sidewalk corridor along the frontage, with appropriate dedication.
138 | 10/22/2013 Panel | Street lighting | NW Broadway | [NAME] | 511  NW Broadway | PW 13-216616 | Requirement to provide (3) twin ornamental light on the north side of Glisan between 8th Avenue and Broadway | 17.88.020 | Proposed design will introduce one new twin ornamental light to a street with no existing ornamental lights currently.  The proposed configuration will provide compatibility with adjacent streets with ornamental lighting on Broadway and Hoyt Street of the same block.                                               The single twin ornamental light midblock is consistent with the River District Standards.  Additionally, photometric analysis of the proposed design indicates that light levels will exceed the minimum requirements for this area and specific location. | The standard for this requirement is not published in design guidelines for the River District, or Central City Zone.  The design requirement was presented to the design team during the 30% PBOT review meeting.  An exception is being requested for the number and configuration of light along the North side of NW Glisan Street  between 8th Avenue and Broadway.  Base on photometric data and analysis of the street, the proposed design will increase the average street light  levels at  this section of Glisan.  The proposed design complies with the River District Standards twin ornamental light patter, (3) per block, staggered pattern. | Approved.
139 | 11/05/2013 Panel | Pavement, curb, sidewalk and dedication | SE [NAME] | [NAME], [NAME] LLC | 8514 SE [NAME] | PW 13-221822 | Requirement of street frontage improvement and dedication on SE [NAME]. | 17.88.020 | Leave existing condition as is. | Appellant is proposing that the sidewalk remain as is in 8514 SE [NAME] because it matches the existing sidewalk.  It is unlikely that future development will trigger improvements and dedication in the surrounding area.  The appellant is requesting to be relieved from dedication requirement based on this.  Majority of the business properties within a three block radius on [NAME] are less than 8 and a half feet from the curb and would not be able to expand their pedestrian corridor.                                Residential homes on the south side of [NAME] within three blocks also have an existing pedestrian corridor approximately 8-9 feet.  In addition the house is within the boundaries of the Montavilla East Tabor District that extends approximately 20 blocks from SE 71st to SE 92nd on SE [NAME].  There were some businesses in the area that had done recent pedestrian corridor upgrade that did not include extending the width of the pedestrian corridor.  The appellant stated that these improvements could disrupt the pedestrian traffic flow. | Denied.                                                        Deny the appeal for dedication; approve the appeal for improvements.
140 | 11/19/2013 Panel | Pavement, curb, sidewalk, stormwater & dedication | SW 8th Ave | [NAME], Hathaway Koback Connors LLP | 8906 SW 8th Ave | PW 13-225720 | Requirement of 3 feet dedication on both SW 8th and SW Lobella frontages and half street improvements construction along the frontage of the subject lots. | 33.641 | Construct 6-foot sidewalk within the current ROW.  Appellant proposes to also grant a waiver of the right to remonstrate to facilitate a more comprehensive project in the future. | Neither SW 8th nor SW [NAME] has street improvements.  There is an established development pattern that does not include public improvements.  Any improvements would remain isolated for the foreseeable future.  Additionally, the requested improvements are on an exaction that must meet the Dolan test. | Intake.
141 | 11/19/2013 Panel | Dedication | [NAME] | [NAME], SolTerra Systems | 4525 N Albina | PW 13-225724 | Dedication requirement. | 17.88. 020 | Narrowest point would maintain the existing 10 feet pedestrian corridor which is present throughout the Mississippi Historic District.  Owner willing to sign a Waiver of Remonstrance. | North Albina is specified as a City Walkway.  The historic and existing width of the ped corridor along Albina is 10 feet wide.  The required 12-foot wide pedestrian corridor can only be achieved by requiring dedication from every land owner on both sides of Albina between N Prescott and N Blandena.        1 - Based on the presence of numerous existing buildings built to their property lines on both the east & west sides of N Albina & N Mississippi, it is highly unlikely that future development could occur on these lots.  Additionally, it appears that any future development of these properties would limit the pedestrian corridor to a maximum width of 10'-0" except for a handful location where the existing pedestrian corridor is only 9'-6"      2 - Because the current surrounding properties along Albina Ave have a 10-foot wide pedestrian corridor the requested dedication would create a 2.0' lateral step in the pedestrian corridor where the neighboring properties currently adjoin the subject site.        3 - There is limited number of available lots for future development remaining along this corridor.      4 - There is a precedent  of approval appeals to land dedication for similar situations for folders # 13-113109-PW; 13-116176- PW; 13 212258- PW; 13-137306-PW; 13-135404-PW and 13-135396-PW. | Denied.                                                           Deny the appeal.  Applicant shall dedicate ROW to provide a 12-ft sidewalk corridor along the entire frontage.                                       *Your request for easement is under consideration with this decision.
142 | 11/19/2013  Panel | pavement, curb, sidewalk and stormwater facilities | Spruce Apartments | [NAME], VLMK Consulting Engineers | 1100 SE [NAME] | PW 13-225729 | Pedestrian configuration requirements on the site's frontage. | 17.88..020 | To close both driveways and fill in with new curb to match existing.   Remove and replace sections of existing sidewalk that will be damaged during construction. Plant street trees (none existing) Landscaping in the tree wells Pour new concrete walkway connections as necessary to new doors/pedestrian connections | The existing frontages for the length of the blocks are existing residential meeting a 4-6-2 pedestrian corridor configuration.  Compliance with the new pedestrian configuration would shift the sidewalk alignment 6" away from the curb line for the length of the frontages.  It is unlikely that the rest of the block of single family homes will be upgrading their frontages in the near future, and the 6" sidewalk shift would create and unusual condition which could be a hazard to pedestrians.  The existing curb is in good condition and can remain as is. | Approved.                                                 Approve the appeal .                           *Any damage sidewalk sections will be required to be repaired.
143 | 12/17/2014 Panel | Pavement, curb, sidewalk and stromwater facilities | SW Maplecrest | [NAME], Tasso Custom Homes | 681 SW Maplecrest Ave | PW 13-232869 | Frontage improvements along SW Maplecrest. | 17.88.020 | Maintain the general character of the neighborhood and not be required to do frontage improvements.  [NAME] proposed to build an on-site flow through stormwater garden to the new homes and garages as it will be divided into two lots. The appellant would leave the ditch fronting the site as is and let it continue to provide stormwater quality benefit for the upstream neighborhood.  Existing swale will be maintained by new homeowners; driveway will be widened and paved for Fire Dept access for approximately 50' into the site.  A new 12" culvert will be installed in the ditch, under the driveway and the swale graded.  Of the site's 60 lineal feet of frontage,  the new Fire Dept access takes up 35' of the frontage at 6'5" from the edge of pavement where a sidewalk could be built.  After grading constraints, a new sidewalk would consist of about 17 feet of improvement. | 1 - There is no section of residential concrete curb, sidewalk, or full or half street roadway improvements in the 1.30 mile stretch of this route.   Required improvements will be out of character with the neighborhood.                                         2 - The appellant claimed that a 60-foot stretch of roadway with a 1/2 street improvements would not add to the character of the neighborhood, but will be an odd detraction from it.                                  3 -  803 SW Maplecrest Dr was granted a waiver in 2012.                    4 -  The swale fronting this site is acting as a stormwater quality swale now for the upstream neighborhood's benefit.                     5 - Grading at the ROW would be substantial and would require a 5' retaining wall at the southeastern property corner which would have a significant impact on the adjoining neighbor's property and trees.                                                             6 - The appellant claimed the this required improvements will not benefit the property owner or the community. | Denied.                                                        Deny the appeal.  Staff has made an appropriate decision based on existing policy. The appellant is asking for a change in policy, which is beyond the purview of this body.
144 | 12/17/2014 Panel | pavement, curb, sidewalk and stormwater facilities | SW Dickinson | [NAME], Tasso Custom Homes | 6034 SW [NAME] | PW 13-232872 | Frontage improvements and dedication on SW Dickinson. | 17.88.202 | Maintain the general character of the neighborhood and not be required to do frontage improvements. Appellant proposed to build an on-site flow through garden for the new home and garage.  Appellant would leave ditch in front of site as is and let it continue to provide stormwater quality benefit for the upstream neighborhood.  The existing swale would be maintained by the new homeowners. | 1 - There is not a single section of concrete curb, sidewalk, or full or half street roadway improvements in the 1.46 mile stretch in this route.                               2 - Redevelopment potential is very low.                                                        3 - Appellant claimed to have observed pedestrian walking down Dickinson, in the street, on the gravel shoulders and crossing the street.  Having a 193' stretch of roadway with a 1/2 street improvement would not add to the character of the neighborhood.                                          4 - The swale in front to the site serves as the stormwater quality swale for the upstream neighborhood's benefit.                     5 - The existing utility pole in the public ROW at the SE corner of 61st and Dickinson intersection would need to be moved if the intersection were improved.             6 - Appellant claimed that from the intersection of Hwy 99 along this route to its terminus at the end of SW 62nd Ave,  not one property has been required to dedicate for the expansion required by PBOT for this replacement dwelling request. | Denied.                                                       Deny the appeal.  Staff has made an appropriate decision based on existing policy. The appellant is asking for a change in policy, which is beyond the purview of this body.  The panel suggests that staff work with appellant during public works review to see if utility relocation could be avoided.
145 | 01/07/2014 Panel | pavement, curb and sidewalk | SE 60th & SE Malden | [NAME], Hathaway Koback Connors LLP | SE 60th & SE Malden St | PW 13-239614 | Frontage improvements. | 17.88.020 | Waive standard frontage improvements. | It is an established neighborhood with few vacant lots.  There are very few opportunities of redevelopment.  The appellant claimed that the last 1-15 years there has been some limited in-fill development.  The requirements required for this development is not consistent with recent in-fill projects in the neighborhood.  The improvements would required the relocation of a utility pole located within the ROW fronting the subject lot and relocation of existing water service line. | Denied.                                                       Deny the appeal.  City Policy was appropriately applied by the staff.
146 | 01/07/2014 Panel | pavement, curb, sidewalk and stormwater facilities | SW 52nd Ave | [NAME] , Hathaway Koback Connors LLP | 7233 SW 52nd Ave | PW 13-239644 | Frontage improvements. | 17.88.020 | Waive standard frontage improvements. | There is no pattern of sidewalk in the neighborhood.  Majority of lots have been developed.  Majority of pedestrian corridor is built at a configuration less that the current standard and  the proposal is to match configuration. The entire corridor does not have curbs, sidewalks or stromwater swales.  The project is an infill project of less than three dwellings.   Redevelopment potential is low.  Improvements will require removal of trees and other vegetation within the ROW. Nearby school high pedestrian demand has existed for so many years and is not created by this development. Isolated improvements will pose unsafe  condition particularly at night as claimed by the appellant. | Denied.                                                       Deny the appeal.  City Policy was appropriately applied by the staff.
147 | 01/07/2014 Panel | pavement, curb and sidewalk | SE 46th Ave | [NAME], Hathaway Koback Connors LLP | 6605 SE 46th Ave | PW 13-236428 | Frontage improvements and dedication. | 17.88.020 | Appellant proposed to continue the current improvement design. | There is little potential for future redevelopment.  SE 46th Ave is fully improved with an 8-foot pedestrian corridor on the property's frontage.  the sidewalks on adjacent property frontages match the existing corridor on the subject property. There is mature vegetation  including large diameter tree that will be affected by the required dedication. Development one new dwelling will not increase traffic volumes more than the nominal amount.  The impact of the exaction on the owner is not roughly proportionate to the negligible impacts from one new dwelling. | Denied.                                                       Deny the appeal.  City Policy was appropriately applied by the staff.
148 | 01/07/14 Panel | pavement, curb, sidewalk and stormwater facilities | SW 51st Ave | [NAME], Hathaway Koback Connors LLP | 7505 SW 51st Ave | PW 13-239650 | Standard half street improvements and dedication. | 17.88.020 | Appellant proposed to match existing configuration. | Future redevelopment potential in this neighborhood is limited.   Improvements will require the removal of trees and other vegetation that contributes to the feel and livability of the neighborhood.  There is no existing sidewalks to connect to  adjacent properties.   Traffic volume will have a very nominal effect from this development.  Existing surface is asphalt with no curbs or eider side on SW 51st.The cost of the exaction is not roughly proportionate to the negligible impacts fro on new dwelling. | Approved with conditions.               Approved with conditions; Street by Street Committee has approved this street as a Shared Street. No street improvements will be required at this time; however, waivers of remonstrance will be required.
149 | 01/27/14 Panel | pavement, curb, sidewalk and stormwater facilities | SW 48th Ave, N/O Garden Home Rd | [NAME] , Hathaway Koback Connors LLP | SW 48th Ave, N/O Garden Home Rd | PW 14-105542 | Frontage improvements. | 17.88.020 | Appellant proposed in lieu of a complete waiver that he be allowed to install limited asphalt that continues from the existing asphalt that runs south from SW Evans to the property at 8112 SW 48th Ave and should not require any new stormwater facilities. | Requiring limited public improvements on SW 47th Ave are excessive burden on one owner that will not provide any tangible public benefit because the development pattern will not support any further improvements in the area.  SW 48th is a gravel street that the City does not maintain.  There is a ditch on the west side of SW 48th Ave that appears to convey stormwater from a source that is not known to the appellant.  SW 48th is more like a private driveway than a public street. | Approved with conditions.       Approve the appeal subject to signed [NAME] of Remonstrance and participation in an expanded maintenance obligation for grade and gravel as a condition of building permit approval.
150 | 02/19/2014 Board | pavement, curb and sidewalk | SE 60th & SE Malden St | [NAME], Hathaway Koback Connors LLP | SE 60th & SE Malden St | PW 14-115053 | Frontage improvements and dedication. | 17.88.020 | Waiver of Remonstrance. | Appellant disagreed with the panel's decision on the basis that the prior City Policy has been to waive public improvement in connection with the construction of one new single family residence in the neighborhood in question.  Appellant submitted information sheets related to 41 single family homes constructed in the immediate neighborhood since 2005 where no public improvements were required and 8 single-family homes where appeals have been granted in the past year.  The only development in the neighborhoods where improvements were required involved an entire block. | Approved.                                                 Approved as proposed.
151 | 4/22/2014 Panel | pavement, curb and sidewalk | SW 35th Ave | [NAME] , Hathaway Koback Connors LLP | 7539 SW 35th Ave | PW 14-130542 | Frontage improvements along both the SW Custer and SW 35th Ave. | 17.88.020 | Waiver of Remonstrance. | SW Custer is not gravel but lacks standard improvements which is consistent with the entire block. It is not pedestrian street or on a bus line.  There is no school in the immediate vicinity.   Required improvements along SW 35th if constructed will be isolated. | Denied.                                                       Deny requested relief, uphold PWAAC decision: the applicant shall construct the previously identified frontage improvements along both of the site frontages and dedicate 4-ft of property along SW 35th Ave.  City Code, rules, standards & policies were applied consistently.  The subject site is in close proximity to recognized pedestrian district, improvements will afford necessary refuge for pedestrians along SW 35th Ave, a City Walkway classified street.
152 | 5/14/2014 5/28/2014 6/25/2014    8-6-2014 Board | pavement, curb and sidewalk | SW 35th Ave | [NAME] , Hathaway  Koback Connors LLP. | 7539 SW 35th Ave | PW 14-153020 | Frontage improvements along both the SW Custer and SW 35th Ave. | 17.88.020 | Waiver of Remonstrance | Same argument as presented to the panel. | Intake.
153 | 6/3/2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NE 26th Ave | [NAME], Hathaway Koback Connors LLP | 4810 NE 26th Ave | PW 14-156103 | Frontage improvements. | TRN 1.09 and TRN 1.24 | Waiver of Remonstrance | Appellant cited TRN 1.24 B as the basis for the requested alternative. | Denied.
154 | 6/3/2014 6/17/2014 7/1/2014 Panel | standard frontage street improvements | SE 142nd Ave | [NAME] | 2309 SE 142nd Ave | PW 14-158959 | Frontage improvements | TRN 1.09, PDG A 2.3 | Appellant has proposed no additional driveway  entrances to the existing configuration of a single driveway which maintains the current allowance of off-street parking.  Stormwater runoff from a new driveway will be managed and disposed onsite, which is an improvement to the present drainage which can runoff into the street inlet located just south of the SE property frontage corner.  Appellant will be providing a 4-foot dedication of right of way for potential frontage improvements. | Appellant's argument is that the frontage improvements would present a detriment in the existing pedestrian and traffic pattern flow and associated safety at this area given the large percentage of already partitioned lots without frontage improvements. The fir tree about 30" diameter would also need to be removed in the process.  The neighbor's lot to the immediate north, which was partitioned recently, had their shared driveway immediately abutting the appellant's north property line which would require regrading and repaving and barrier provisions in order to accommodate the curb and drainage resulting from frontage improvements of this project. | Approved.
155 | 6/3/201 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | SE 63rd Ave & SE Tolman | [NAME], Hathaway Koback Connors LLP | 6314 SE 63rd Ave | PW 14-158963 | Frontage improvements | TRN 1.09, TRN 1.22 and PDG A 2.3 | Waiver of Remonstrance | Appellant cited TRN 1.22 as the reason for requested alternative.  [NAME] is adequate in its current condition 5.5 feet wide with a .5 foot curb.  The approximate 62 feet of new sidewalk would be the only such configuration for over 12 blocks.  Required improvements would appear out of place.  Could be unsafe for visually impaired pedestrians.  There are two new residences recently constructed between SE 7th and SE 68th where curb-tight sidewalks were replaced and the owners were not required to construct the current pedestrian improvements. | Approved with conditions.                                Approve the appeal with the condition that the applicant provide street trees behind the sidewalk on SE [NAME].
156 | 6/3/2014 Panel | sidewalk and/or curb requirement, dedication | SW Buckingham Ave | [NAME], TVA Architects | 2572 Architects, Inc. | PW 14-159998 | Sidewalk requirements | PDA A 2.2 | Leave sidewalk as is. | There would not be any continuation east or west, of this site, of any sidewalk now or in the future per the appellant. | Approved.
157 | 6/25/2014 Board | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NE 26th Ave | [NAME], Hathaway Koback Connors LLP | 4810 NE 26th Ave | PW 14-169386 | Sidewalk improvements | TRN 1.09 TRN1.24             PDG A 2.2 | Waiver of Remonstrance | Wygant between NE26th and 24th Avenues is a local service street with no public improvements.  It is a dirt road with no curb, sidewalks or other improvements.   There is not sufficient right-of-way to construct all of the required improvements and would require 3 feet dedication of property.   This would be an isolated improvement on NE Wygant Street. This is a replacement dwelling. This development is not going to generate new impacts and if there are no new impacts, there can never be any nexus between impacts created by the development and required exaction. | Cancelled per appellant.
158 | 7-9-2014 Board | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NE Siskiyou | [NAME], Hathaway Koback Connors LLP | 8055 NE Siskiyou St | PW 14-173602 | Requirement of 2-foot dedication and reconstruction of sidewalk corridor. | TRN 1.09             PDG A 2.2 | Leave existing condition as is. | Older and well-established neighborhood and very little potential for redevelopment.   There is an existing curb and curb tight sidewalk  in good condition and the corners along NE Siskiyou were recently reconstructed to meet ADA standards.  City water and sanitary sewer lines run in front of the lot with the NE Siskiyou ROW. | Approved with condition.                    Approved with condition to widen sidewalk around the pole and provide trees behind the sidewalk where feasible.  (Y-3/N-0)
159 | 7-15-2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | SW 51st Ave | [NAME], Hathaway Koback Connors LLP | 7520 SW 51st Ave | PW 14-179159 | Requirement for a 2-foot dedication and a 6-foot separated sidewalk with stormwater facility. | [NAME] 1.09               TRN 1.24           PDG A.2.3 | Waive improvements requirement in exchange for the dedication and waivers of remonstrance. | TRN 1.24 supports removal of the required improvements.                      Project is consistent with the Pedestrian  Guidelines.                        Project does not generate any impacts justifying the improvements. | Denied.
160 | 8-12-2014   Postponed Panel | standard street frontage improvements | SE 67th Ave | [NAME] , Sisul Engineering | 6704 SE 67th Ave | PW 14-181735 | Requirement for a street frontage improvement including widening, curb, stormwater management facility and sidewalk. | PDGA A 2.3 | Waiver of remonstrance and to add approximately 6 feet of additional pavement for a paved shoulder to allow some additional room for pedestrians without triggering BES' 500 sq. threshold. | Allows the future owner to make a contribution to street widening and pedestrian improvement and related drainage improvements when the street as a whole is improved while allowing some widening for pedestrian refuge at this time.                                  The other reason of the appellant is  now that DEQ is allowing BES to use sed-sump facilities again for public streets, that if some parcels are developed with street swales and others are the sidewalks will likely no align as the planter widths between the street swale areas and standard planter (non-swale) areas are generally different. | Postponed.
161 | 8-12-2014 Panel | standard street frontage improvements | SE Tenino | [NAME] , Sisul Engineering | 5831 SE Tenino | PW 14-181779 | Requirements for street frontage improvements and 3 feet dedication. | PDGA A 4 | Waiver of Remonstrance and proposal to add approximately 5 feet of additional pavement for a paved shoulder to allow some additional room for pedestrians without triggering BES' 500 sq threshold. | Allows the future owner to make a contribution to street widening and pedestrian improvement and related drainage improvements when the street as a whole is improved while allowing some widening for pedestrian refuge at this time.                                  The other reason of the appellant is  now that DEQ is allowing BES to use sed-sump facilities again for public streets, that if some parcels are developed with street swales and others are the sidewalks will likely no align as the planter widths between the street swale areas and standard planter (non-swale) areas are generally different. | Remand the appeal to ARC.  Recommend ARC look at past cases where appeals were granted to ensure that reasons applied in those cases do not apply to this case. Case to come back before the Panel if ARC denies the appeal.
162 | 8/12/2014 Pane. | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NW Ash | [NAME], Hathaway Koback Connors LLP | 14825 NW Ash St | PW 14-187304 | Requirement for street frontage improvements and dedication. | [NAME] 1.09                       PDG A.2.3 | Waiver of Remonstrance | Required dedication and exaction of money for public improvements constitutes an unconstitutional taking and the City is required to meet rough proportionality test which it has not done.                                                              The requested improvements would not result in a consistent pattern of improvements. | Denied
163 | 8/26/2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | SE Center | [NAME], Hathaway Koback Connors LLP | 7434 SE Center | PW 14-193677 | Requirement for standard improvements and 6-foot dedication Along SE Center St frontage. | [NAME] 1.09           PDG A 2.3         TRN 1.22 | Waiver of Remonstrance | Appellant claimed that committee had erroneously determined that the proposed development will generate impacts on SE Center St.                                                                    The policy behind TRN 1.22 supports waiving the improvement and dedication on both frontages.                                        There is no essential nexus to justify PBOT's exactions. | Denied.                                                       Staff did not misapply code in this case.
164 | 8/26/2014   Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NE 13th | [NAME], Hathaway Koback Connors LLP | 4857 NE 13th | PW 14-163679 | Requirement for street frontage improvements and dedication. | [NAME] 1.09           PDG A 2.3         TRN 1.24 | Waiver of Remonstrance | The subject lot appears to meet the conditions required for the exemption under TRN 1.24 per the appellant. | Denied.                                                       Staff did not misapply code in this case.
165 | 9/9/2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | SE 45th Ave | [NAME], Hathaway Koback Connors LLP | 8235 SE 45th  Ave | PW  14-206673 | Requirement for street frontage improvements and dedication. | Admin Ruled TRN 1.09           PDG A2.3          TRN 1.24 | Three feet dedication and waiver of remonstrance. | The ARC interpretation of TRN 1.24 is incorrect according to the applicant.                                                    The proposed dedication and imposed improvements are exaction that violate 5th amendment. | Approved.                                                  Approve the appeal.  The conditions of TRN 1.24 apply, including waivers of remonstrance and 3' dedication.
166 | 10/7/2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | SW Dickinson | [NAME], Hathaway Koback Connors LLP | 1911 SW [NAME] | PW 14-218681 | Requirement for street frontage improvements and dedication. | [NAME] 1.09           PDGA A2.3     TRN 1.22 | Continue pattern of curb-tight sidewalk and no dedication. | The site may not qualify for an exemption under TRN 1.22, the applicant submits that his request was consistent with the policies and purpose behind TRN 1.22.      Existing patter is adequate and safe.                                                                Feasibility issue. There is a utility pole, a concrete vault and an electrical transformer along the frontage.                                                      Consistent with Ped Guide and policy behind TRN that would allow a waiver of sidewalk improvements.                                         No essential nexus. | Approved with condition.              Approve the appeal with the condition that a continuous 5' clear sidewalk be provided for the length of the entire frontage.
167 | 10/21/2014 Panel | standard street frontage improvements, dedication | SW Capitol Hwy | [NAME], Faster Permits LLC | 8537 SW Capitol Hwy | PW 14-224820 | Requirement for street frontage improvements on both frontages, SW [NAME]and SW 41st and dedication on SW Capitol Hwy. | [NAME] 1.09           PDGA A2.3     PDGA A2.2 | Waiver of remonstrance. | The requirement for dedication and improvements along SW Capitol Hwy does not meet the Dolan nexus/rough proportionality test.                               This improvement would result in an isolated sidewalk along SW Capitol Hwy in a fully developed area without sidewalks.                      Improvements to Capitol Hwy are physically infeasible. | Approved with conditions.      Approve the appeal with the conditions that the applicant provide waivers of remonstrance and dedication as determined appropriate by the subject land use case (14-165562-LU).
168 | 10/21/2014 Panel | pedestrian corridor configuration, standard street frontage improvements, sidewalk and/or curb requirement | NE San Rafael | [NAME], Hathaway Koback Connors LLP | 13612 NE San Rafael | PW 14-224822 | Requirement for street frontage improvements and dedication. | [NAME] 1.09           PDGA A2.3       TRN 1.24 | Waive all requirements, nine feet dedication and waiver of remonstrance. | No legal basis for the exaction per the applicant.  Applicant's proposal will facilitate future improvements.                                          No essential nexus between any identified impacts and the need for the required improvements.       PBOT should apply TRN 1.24 flexibility to avoid arbitrary exactions. | Approved.                                    Approve the appeal as proposed (providing waivers of remonstrance and 9' dedication).