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While fresh plans for a 50-unit, parking free apartment building in Kerns are just being revealed, Beaumont-Wilshire residents are attempting to derail an almost-identical project.

Bolstered by a partially-successful initiative in the Richmond neighborhood, the group Beaumont-Wilshire Neighbors for Responsible Growth earlier this month signaled it will appeal the city's permitting of a four-story, 50-unit project without off-street parking at 4425 NE Fremont.

The city now has 21 days from the April 11 filing of the notice to submit a record of the permitting process, says Kelly Burgess, who works at the Oregon Land Use Board of Appeals (LUBA). The body handles appeals of local land use decisions in the state.

"Once we receive that, that sort starts the wheels turning," Burgess said.

It's unclear from the notice [PDF] on what grounds the group is disputing the permit. The matter is being handled by Ty K. Wyman, the Portland attorney who represented the group Richmond Neighbors for Responsible Growth in its fight against an 81-unit development at SE Division and 37th. That effort resulted in LUBA reversing the city's approval of a permit. Developers of the project have since reapplied.

Such decisions are rare, but if LUBA were to reverse the city's decision on the Fremont apartment building, a fresh permit application could run afoul of the city's new parking requirements, slated to go into effect May 10.

Neither a representative for the Beaumont-Wilshire group nor Wyman have responded to requests for comment.