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HomeMy WebLinkAboutC18-671_Marco Appeal_Exhibit 2 • CITY OF RENTON p ,..� DEPARTMENT OF COMMUNITY AND .,� ECONOMIC DEVELOPMENT � REPORTTOTHE HEARING EXAMINER, EXHIBITS Project Name: Code Case Number: Code Compliance Appeal Hearing CODE18-000671 Date of Hearing Staff Contact Violator Violation Location TBD Kevin Louder Marland Franco 2855 Blaine Ave NE 425-430-7277 Renton WA 98056 � � CITY OF . en on �� �. RENTON CODE COMPLIANCE CODE18-000671 NARRATIVE April 15, 2019 Address: 2855 Blaine Ave NE Renton,WA 98056 Violator: Marland Franco • RMC Violation: RMC 4-6-060 H: Grading, Excavation And Mining Regulations: Erosion Control • RMC Violation: RMC 4-3-120.: Environmental Regulations and Overlay Districts: Critical Area Disturbed October 11, 2018: Code Compliance received a complaint from adjacent neighbor that the critical slope was disturbed. An inspection was scheduled to grant access into the back yard to view the violation October 23, 2018: Code Compliance Inspector Shuey and I performed inspection. We observed and photographed the disturbed slope without any standard erosion control devices in place. The Warning of Violation was issued to Marland Franco. I mailed the Warning Certified and Priority Mail. I also attached a copy to an e-mail to cimfranco@hotmail.com. See exhibits 3, 4, & 6 October 23, 2018: Marland Franco called. He stated that he received e-mail with the Warning of Violation attached. He had questions about the violations. I advised that he contact the Planning Department. I stated that a professional would more than likely be needed to provide a plan to restore the slope. October 25, 2018: After speaking with the planning department I sent an e-mail to Marland Franco requesting a geotech report be submitted to planning. This report should include a restoration plan. See exhibit 6. November 7, 2018: Marland Franco,Jeffrey Taylor, and I met at City Hall. Mr. Taylor is the City planner assigned to this case. We discussed that any activities in a critical area would require a permit. The back yard of this property includes a regulated slope with a high erosion hazard. We explained that the slope was disturbed and it is required that it be restored to the condition it was in before Mr. Franco's activities. Mr. Taylor confirmed that Planning would require a Geotech report to approve a restoration plan. See exhibit 5 1 January 8, 2019: I called Marland Franco. He stated that he is working with 3 Geotechnical Engineers. He had not picked one yet due to financial constraints. I requested that he contact me in two weeks for an update. February 20, 2019: E-mail sent to Marland Franco requesting the Geotech report by March 1, 2019. See exhibit 6 February 28, 2019: Marland Franco responded to e-mail stating that the Geotech was scheduled for February 12, but cancelled due to snow. I responded requesting that he call the geotech again and contact me when the new date is scheduled. See exhibit 6. March 28, 2019: I did not receive an update. I issued a Finding of Violation for erosion control and for environmental regulations violation on the property. Finding of Violation was mailed Certified and Priority. Return Receipt was received. See exhibit 7 April 1, 2019: Marland Franco called. He said that he did not have the money for the Geotech right now. He is waiting on his tax return. Marland asked about the fees associated with the Findings and I told him if he did not agree he has the right to appeal. April 11, 2019: Appeal request from Marland Franco received. See Exhibit 1 The city's position is that more than ample time has been granted to make substantial gains in bringing the property into compliance, which has not happened. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. signed on ��-1�' I � in Renton, Washington Kevin Louder Code Compliance Inspector Z • � � � ' ' • ' • � : 111 • Assigned To: Kevin Louder Violator: Marland Franco Opened Date: 10/23/2018 Address: 2855 Blaine Avene Owner: Marland Franco Closed Date: Renton,WA 98056-5201 Data Entry Date Created By Activity Type Activity Name Comments 10/23/2018 Kevin Louder Contact Requestor Brad Nicholson 425-445-0658 is adjacent neighbor on the east side of property. He came into City Hall on 10-18-18. I scheduled inspection at his property on 10-23-1 S at 10AM Rob Shuey came along as well. Neighbor has installed steps into the critical slope area on the north end of the property. See pictures in documents. Brad is concemed that this will create an erosion hazard for his property. Kevin Louder Contact Violator I sent WOV1 to Springbrook email of cjmfranco@hotmail.com Phone number 206-849-0782 Kevin Louder Contact Volator Marland Franco 206-265-9280 called. He stated that he received my e-mail with WOV1 attached. He had several questions about the restoration process. I advised that he would need to contact planning. I told him that planning would not provide a plan,but would approve his plan. I told him more than likely he would need to have a professional look at the slope and provide advise. 10/25/2018 Kevin Louder Contact Violator I sent e-mail requesting that a geotech be contacted to give a report assessing the slope. 11/07/2018 Kevin Louder Contact Violator Marland Franco met with Jeff and I at City Hall. He has bids from 3 geotechs and wanted to confirm what the report needs to contain to resolve the slope violation. He will e-mail the report to me when completed. There will need to be a vegetation management exemption issued to perform the restoration if planting or adding material is suggested. 11/14/2018 Kevin Louder Contact Requestor Brad Nicholson called 425-445-0658 He was not happy with a geotech report for the slope restoration. He stated that nothing was allowed to be placed back there. So he stated short of removing the stairs he would not be happy. I told him that the geotechnical report should have suggestions for restoration planning would need to approve what ever plan was submitted. 01/08/2019 Kevin Louder Contact Violator I called Marland Franco 206-265-9280. He stated that he has 3 geotech engineers that he is working with. I asked that he send an e-mail to update me in two weeks. He also had several questions about the pellet stove vent pipe of his neighbors as well as his garage placement. I e-mailed link to submii a public records request for the permits for the property. April 15,2019 Page 1 of 2 Data Entry Date Created By Activity Type Activity Name Comments Kevin Louder Contact Requestor Brad Nicholson left message requesting an update. I left message stating that his neighbor was working with engineers now. I estimated 2-3 weeks for the report. 02/20/2019 Kevin Louder Contact Volator e-mail sent to Marland Franco requesting the Geotech report on March 1 02/28/2019 Kevin Louder Contact�olator Marland sent e-mail stating the Geotech was scheduled for Feb 12th,snow canceled the appointment.He is currently in communication with Geotech to reschedule. 03/28/2019 Kevin Louder Diary Log I last e-mailed on 02-28-19 and have not received a response. I checked with Jeffrey Taylor and Mariand has not communicated with him either. FOV issued for$200 AR sent to finance. 04/01/2019 Kevin Louder Contact Volator Marland Franco called. He said he did not have the money for the Geotech right now. He is waiting for his tax return. He said it will cost$1000 to have the geotech come to his property. He asked me if there were other cheaper options and I referred him back to planning to make that call. He asked if the $200 FOV could be waved and I told him that his recourse was to appeal. 04/15/2019 Kevin Louder Diary Log 04-12-19 Appeal received 4 April 15,2019 Page 2 of 2