Portland city commissioners have denied an appeal from the South Portland Neighborhood Association against a development in the South Waterfront.
The lot in question is on SW River Parkway, and is known as Block 37. Developer Mack Urban, partnering with Connell Real Estate and Development, plans to include 270 residential units, 225 parking spaces, as well as 8,359 square feet of retail space in the proposed building.
But that’s not what neighborhood residents were appealing. In fact, they said they had no interest in trying to block the project completely. Their objection was simple, coming down to one design choice by the developer, which the neighborhood contends is illegal.
While the main floor of the development stays well within the property lines, even allowing more space than is required by the public right-of-way, the upper floors extend out over SW Lane Street, which is a designated pedestrian Green Street. From the center of Lane Street, a 30-foot setback extends on either side. Block 37 will project 3.5 feet over this setback, on the upper floors.
Block 37 plans from Mack Urban.
Neighborhood residents were concerned that this overhang does not conform to design codes, blocks views of the Willamette River, and extends into space designated as a public accessway.
Lane Street, a designated Green Accessway, pictured here one block west of Block 37
“This is not about NIMBY,” said Jim Gardner, South Portland land use committee chair. “Please, just make this project follow the rules.”
Testimony by neighbors said that this design decision has major benefits for the developer – approximately 2800 additional square feet, translating to roughly $70,000-$85,000 in additional income per year. For the public, however, they said it has no benefits.
“The interest of the general public will be compromised to accommodate the interests of a private developer,” said one neighbor.
“You represent the citizens of Portland, not out-of-state developers,” another told the commissioners.
The Portland Design Commission previously approved the design of Block 37, including approving the modification allowing the overhang onto Lane Street. The Design Commission vote was close, with two members supporting and two members opposing approval. The commission chair was the tiebreaker, voting in favor of the modification.
Christe White, an attorney representing the developer, argued that modifications exist because buildings have unforeseen needs, and modifications allow the design code to be flexible.
City council unanimously denied the appeal, though the commissioners noted that they appreciated the neighborhood involvement on the issue. They also said that the neighborhood objection will be noted, suggesting that the case will not be used as precedent for other similar modification requests.