SW Portland Measure 37 claim

At 3:35 p.m. this Thursday, the Portland City Council will consider the Measure 37 claim of Thomas Hermach, owner of a site on SW Boones Ferry Road. This is another in a series of similar claims by property owners in the Southwest Community Plan (SWCP) area. As part of that plan, City Council in 2001 reduced the desired density on the Comprehensive Plan map for properties with significant coverage of environmental overlay zoning, from R10 (10,000 square foot lot sizes) to R20 (20,000 square foot minimum). I explained about the zoning issues and “Comprehensive Plan map designation” on a previous case.

Maintaining their consistent approach to these claims, the Bureau of Planning is recommending approval of the requested waiver, returning the option of asking for more density to the owner. One neighbor objected to the approval of this request, asserting traffic problems on SW Boones Ferry Road should be addressed before allowing more homes. The Bureau’s recommended waiver would not allow the increased density by right, since it was not available to the property owner by right before the SWCP, either. Both then and if the waiver is approved, the property owner will still have to prove in a land use review that the new density can be accommodated on the site, and that the transportation system to the requested number of homes can safely carry the potential increase.

Yet again, I’m impressed with the Bureau of Planning’s thorough analysis, and their recommended policy to Council that claimants be granted exactly what the code allowed when they acquired the property – no more, no less. Portland’s processing of Measure 37 claims has been exemplary, in my opinion.