Tag: BDS

5 Townhomes on NE 91st Sloped Lot

Update: Construction is underway on five new townhouses at 750-758 NE 91st Avenue. Crews completed wall framing and recently installed the gable roof trusses, defining the structure’s shape. The project is owned by J&I Properties, a Limited Liability Company (LLC), which took ownership of the property in March. Provision Investments transferred the property into the LLC, and its president is one of the three owners of the new company. His development business, Provision Group, is managing the project. Provision has built several projects in Montavilla over the last few years, including apartment buildings and other townhouses. Expect construction to continue through the summer.


Article originally published October 14th, 2024

In September, the townhouse development planned for 716 NE 91st Avenue received approval for an Adjustment to increase the allowable building coverage on the site. Since first submitted in April, the number of residences planned for this project has reduced from six units to five townhomes. The lot features a significantly sloping grade that requires stairs for resident access and a base support structure to level the building.

Sitemap from Land Use Notice of Decision LU 23-035826 AD

This undeveloped lot remained after the previous owner created two duplexes on the southern portion of the property. Those four homes fronted on NE Irving Street completed construction in 2019. After four years of sitting vacant, Provision Group submitted building permit applications for the new homes and shared site improvements on this open land. The builder required an Adjustment to zoning codes because this property’s Residential Multi-Dwelling 1 zone only allows a maximum building footprint coverage of 50%. This 4,900-square-foot lot allows building coverage up to 2,450 square feet. However, the builder proposed a footprint of 2,792 square feet, which is 57% of the land area.

The Bureau of Development Services (BDS) approved this increased footprint because the project would meet all other zoning standards, including maximum building height and minimum building setbacks. Staff also felt that approval would encourage development fitting the scale of surrounding structures that are one and two stories. The developer could have reduced the footprint of the building and created a third floor to achieve the same living area. That would have made the massing taller than its neighbors, overwhelming the scale of other homes in the area.

Elevations from Land Use Notice of Decision LU 23-035826 AD

The Bureau of Environmental Services (BES) initially opposed the Adjustment request out of concerns for sufficient stormwater management, but the developer submitted more documentation alleviating those arguments. The only other opposition came from residents concerned over the lack of onsite parking along a slender street. However, Portland Zoning Code no longer requires off-street parking anywhere in the city.

Building permits in Portland take months to process, pushing this project’s groundbreaking into 2024. Expect to see work begin next year after this housing infill project receives approval. The complexity of the site topography will likely extend the foundation portion of the project. Still, it should otherwise follow construction schedules similar to other developments of this size seen throughout the neighborhood.


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Veterinary Clinic on Stark

Today, a presentation at Portland City Council revealed a potential new tenant at 8037 SE Stark Street. The presenter explained that a group of veterinarians intended to create an urgent-care veterinary clinic in the corner shopfront. However, required site improvements could diminish or cancel their plans. This project served as one example in the presentation to support a temporary suspension of nonconforming upgrade requirements.

In the City Council AM Session on Wednesday, June 23rd, Matt Wickstrom with the Bureau of Development Services (BDS) shared a slide deck endorsing the temporary regulatory changes. The proposal seeks to remove the nonconforming upgrade burden on tenants during a post-COVID-19 recovery timeframe. Currently, on projects costing over $306,000, the applicant must spend up to ten percent of the project’s valuation on improving the property to current zoning requirements. Nonconforming upgrades trigger on existing developments where a tenant proposes an alteration or renovations, but site features no longer comply with city standards. These fees can sometimes stifle businesses attempting to fill empty commercial properties as the project costs can increase beyond what their budget will allow. Older buildings are most susceptible to this type of hidden development cost due to the number of regulatory changes made over time.

The proposal would exempt projects from being evaluated for nonconforming improvements until March 21st, 2023. After that date, city staff expects Portland’s economy will have recovered. However, the proposal doesn’t consider project size or the applicant’s ability to pay for the upgrades. As a result, larger projects could slip through without meeting site standards, denying overlooked communities the neighborhood enhancements these rules were designed to provide. Example improvements include tree planting, landscaping, and bicycle parking around the site. Commissioner Jo Ann Hardesty expressed reservations over passing this moratorium, fearing that large developers would take the opportunity to shirk their social responsibility to provide projects that meet the cities livability standards.


Nonconforming Upgrades include:

  • Landscaping – particularly parking lot landscaping
  • Screening – separation between differently zoned sites
  • On-site pedestrian circulation
  • Bicycle parking
  • Trees

An amendment to this proposal delayed the final vote until next week. However, it is likely to pass when it next comes to City Council. The passing of this proposal will clear the way for the urgent-care veterinary clinic to proceed unencumbered by the costs of providing parking lot landscaping. Look for updates to this project in the coming months after next week’s vote.

City Council 2021-06-23 AM Session 3:58:08