Flying Fish, the family-owned seafood restaurant on SE Burnside, needs as much as $150,000 to rebuild its covered patio as a permanent structure after the city flagged it for permit violations.
Owner Lyf Gildersleeve built the patio in the restaurant's parking lot during the COVID-19 pandemic, as many Portland businesses did. A complaint filed with Portland Permitting & Development (PP&D) in October 2025 cited concerns about structures built without permits, bureau spokesman Ken Ray told KGW, which first reported the story.
Gildersleeve, a second-generation fishmonger, started Flying Fish as a food truck in 2010. He opened the brick-and-mortar location in February 2020. He said he has already spent $20,000 on safety upgrades, including treating cedar walls with fire retardant, reconfiguring doors and adding a lock to the propane fireplace.
That was not enough.
The restaurant sits in one of Portland's design overlay zones, which set extra rules for how buildings look in higher-density areas. The patio exceeds 900 square feet, so it does not qualify for an exemption from design review, Ray said. It also falls short of minimum window-area requirements along street-facing facades.
Gildersleeve's current permit lasts only six months. To keep the patio permanently, the city requires a permanent structure meeting overlay standards. Estimates have ranged from $100,000 on the restaurant's Indiegogo campaign page to more than $150,000 including at least $7,000 in city fees, as Gildersleeve told KGW.
"It's not the best time to be putting pressure on small businesses to have six-figure expenses," Gildersleeve told KGW.
He said the upgrade will not add seating or generate new revenue. Gildersleeve described the patio as essential to surviving winter months, saying the business is not financially sustainable without a covered, heated outdoor space.
To cover costs, Gildersleeve launched the Indiegogo campaign aiming to raise half the expense. He said 15% of proceeds will go toward staff salaries during November, when the patio is expected to close for renovations. Campaign rewards include oyster farm tours, fishing trips and private dinners.
KGW reported that all three City Council members representing the district were contacted for comment. According to KGW, Councilors Steve Novick and Angelita Morillo did not respond, and Councilor Tiffany Koyama Lane declined to comment.
The case lands as Portland weighs broader changes to its design review system. The city has proposed temporarily suspending most mandatory design review for roughly two years. The Portland Planning Commission held a public hearing on that proposal Tuesday, Sept. 22. A City Council hearing is tentatively set for early winter. Whether the suspension, if approved, would apply to cases already in progress is unclear.
Gildersleeve filed for a design review and modification of standards on Sept. 15. Ray said that process takes about six to seven weeks and can run alongside the building permit review. The patio is expected to close for construction in November.







