City of Bandon

City of Bandon
CITY COUNCIL AGENDA DOCUMENTATION
DATE:
SUBJECT:
ITEM NO:
REQUEST FOR EXTENSION AND EXCEPTION TO STOP WORK
ORDER AT 1530 BEACH LOOP DRIVE - MIKE VAUGHAN
I 0/6/14
2.1
(Page 1 of2)
BACKGROUND:
Mike Vaughan, Landscape Designer, submitted the attached request for an extension and modification to
the Stop Work order from the City for the work being done at 1530 Beach Loop Drive.
On August 18, 2014, the City received several calls from an individual complaining that work was occurring
on the face of the bluff at 1530 Beach Loop Drive, but there was no evidence of a building permit or City
permit. The subject house is located immediately north of the Vern Brown Addition to the Sunset Motel,
and is owned by the Rex Roberts Credit Shelter Trust. City Planner/Code Compliance Officer Michelle
Hampton responded to the site, and issued a Stop Work order to Mike Wallace, who was the contractor on
the project, and for whom Mr. Vaughan was working. The property is located in the CD- I Zone, in a
particularly sensitive and hazardous area of the bluff. It has also been subject to a prior lawsuit filed by the
adjacent homeowner, Ann McMackin against the City and the subject property owner, for damages caused
by land sliding into her home. In that case, the City's insurance carrier paid $51,221.61 in attorney's fees
and damages. The City does not know whether or not the co-defendants were assessed damages.
On September 2, 2014, as requested by the City, Mr. Vaughan attended a Development Review Board
(DRB) meeting, and was advised that he needed to submit plans for the work that was already completed,
and for the remaining work. Based on photographs submitted by Mr. Vaughan at that time, the work
involved removing and placing earthen materials and rock, replacing deck materials and expanding that
deck, replacing stairs, and altering the drainage. City staff also advised Mr. Vaughan that he would have
to submit adequate reports and plans prepared by licensed engineers regarding the stability of the bluff,
methods of construction, and drainage.
Staff remains concerned that the work could negatively impact the subject property, adjacent properties, and
the stability of the bluff. Since a great deal of the previously existing drain lines have been removed, staff
is unsure of exactly where they ran, and into what they were connected. So, there is a question as to whether
the existing City drain line which serves Beach Loop Drive and the Sunset Motel has the capacity to handle
any additional water that may flow from the house, gutters, downspouts, and French drains. Since the rainy
season is approaching, staff set a deadline of October 2, 2014, to submit the required engineering reports.
The plans attached to Mr. Vaughan's September 29, 2014, request to the City Council are all of the plans
submitted to date, in addition to the photographs of the previously completed work. The City has not
received any of the required engineered plans or engineering reports. Althqugh the October 2 deadline has
passed, no citations have been issued, pending a decision by the City Council on Mr. Vaughan's appeal.
State Building Codes has determined that a building permit is required for an extension to the deck, but that
the drainage issues are subject to City regulations and are the City's responsibility.
Page I of2
City of Bandon
CITY COUNCIL AGENDA DOCUMENTATION
DATE:
Sl!B.JECT:
ITEM NO:
REQUEST FOR EXTENSION AND EXCEPTION TO STOP WORK
ORDER AT 1530 BEACH LOOP DRIVE - MIKE VAUGHAN (CONT.)
10/6/14
2.1
(Page 2 of2)
BACKGROUND (Continued):
Mr. Vaughan indicated in his letter that Stuntzner Engineering and Cascadia Geotechnical will be visiting
the site on October 2"d as part of their preparation of a professional opinion. When that opinion and/or
associated engineering and geotechnical work has been submitted, the information will be forwarded to the
City Engineer for review and approval. Due to the time of year, the upcoming rainy season, and the critical
nature of construction and drainage on the face of the bluff, staff will direct the City Engineer to raise this
matter to the highest priority on their list of projects and expedite their review of those reports and plans
when they have been submitted.
FISCAL IMPACT:
Undetermined.
RECOMMENDATION:
MOTION:
That the City maintains the Stop Work Order on the construction and drainage work
at 1530 Beach Loop Drive; extends to November 3, 2014, the deadline for the
submission of the required engineering reports and plans; but denies the request to
remove the requirements for providing the necessary engineering reports and plans.
St:BMITTEO BY:
tvJ ··~.-u~.
MATT iyINKEL, CIT' 11\> '.<\NAGER
Page 2 of2
MIKE VAUGHAN, ASLA, Landscape Designer
Member of the American Society of Landscape Architects
SITE & PLANTING PLANS
DESIGN/BUILD . GAIIDEN DESIGN ROCK & PLANTS
9&9/14
J\lfayor & City Council of Bandon
'rhe subject of this letter is the replacement of tlw drainage system at the north and
south sides of the structure at 1530 Beach Loop Drive. 'fhe former perforated pipe
was no longer performing its task due to a plugged system. Also, the deteriorating
set of RR tie steps on the south side of the property were determined to he unsaJe
and needed t,o be rmnoved to prevent ongoing public use. A new & complete system
was desigrwd & installed, to replace existing structures for the retention a.ml
dispersal of runoff on the slope adjacent to the dwelling. Parts of the retention
system needed replacement due to age & rotting wood and rusting t-hm: supports.
Excavation of existing, failing elements was done to remow1 only the old 1iml
replace with new elements to include 6x6 treated post, 4..x12 walls, crushed/washed
dr1Lin rock, filter cloth and 1.t linem· filter sock on 3" ABS solid pe1forated drain
pipe, glued and tested. 'l'he south side is complet<' to include protecting the slope
with grass seed, straw cover, woven jufo mat dLig into the top of slope, stapled to the
soil as mleded and wi.ttered. The vegeta.tiw1 cover is now in place and a foot high,
anticipating the need for profoction from the upcoming seasonal rainfall. Work on
the north side is two days from completion and needs th(" vegetative protection now.
Precaution has bl.>.en taken to 1woid disturhing any soils besides tha.t required to
remove the failed system. We were not awa.re of any requirements for pennits to
replace tlw old. drainage systmn. Stafo inspectors, 'Va,yne Parker and Randy ,Jones,
the plumhing insiiector for drainage, have stated they have no issues with the work
and its compliance. The drawings lrnve been sent to Salem for review, which is
mostly concerned with the decks & sta.irs that needed replacement, as a pennit was
det<irmined to be needed for that part of the construction.
From th~1 owneni point of vfow, maintenance of the drainage system hlh~ insured
the integrity and stability of the slope and structure. Stuntzner Bngineering and
Cascadia. Geotechnical have heen consulted ltll(l are in the proc{iss of providing a
professional opinion on thi.s m1ttter, hut will miss the deadline for council agenda
packets, as their site visit will he on Oct 2, 'l'luusday. As the timeline for
compliance with the deadline for the stop work order is upon us, Oct 2nd, 2014, it is
requested that council allow this issue to be on the agenda for Oct. 61h 1tnd consider
that the scale and scope of the draj.nage work should not be subject to ailditionaJ,
very expensive, overly complex and time consunring studies. In the context of the
actual work, the replacement of the drainage system has only increased the safety
factor of the slope, not the reverse.
The drawings subnritted in the agenda packet are accurate and detailed to reffoct
the purpose of the construction, which is to collect and disperse surface and
subsurface runoff, especially during seasonally heavy storm events.
)nk
you for taking time to review the documents and testimony on tlris issue.
Milrn Vaughan, ASIA
598 N.
4th
Ct. Coos Bay OR Ph/B'ax: 269 90139 CAill: 294 4522 [email protected]
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