Open meeting 1 PM, Irish
Beach Firehouse, 15401 Forest View.
CALL TO ORDER:
The
meeting was called to order at 1:00pm at Irish Beach Firehouse, 15401 Forest
View.
IBADC Board members
present: Chairman
Chuck Conner, Directors Jim Day, Nik Epanchin and Gordon Moores. Director Jim Albert was absent.
Others in attendance: Bettye Winters, Bill Mackie, William Moores,
James Counts, Ruth Cady, Roger Bean, Judy Murray, Kathy Edelbrock, Al Thompson,
Debbie and Jerry Trujillo, Walt and Susan Rush, Don Jassowski, Tim Murray, Alex
and Cathy Corey and Rick Morton.
APPROVE MINUTES:
Approve minutes of November
20th, 2004: Nik Epanchin submitted the
following amendment to the November minutes to be inserted into the discussion
of William Moores 7/15 Phase I application (on page 2, just ahead of
the sentence dealing with the incomplete mailing that starts with “It was noted that due to an
oversight, 2 neighbors …..”):
“Stock/Hemingway (7/12) submitted a written concern
that they will not have room for a detached garage, the committee noted that
there are 66 feet between 7/12 and 7/15. The County will require the 7/12
garage to be set back 20 feet from their east property line, leaving 44 feet
for a garage. The Moglias (7/13) submitted written concerns regarding the
proposed septic system, the inadequacy of the drainage plan and of the view
corridor analysis and the requested back yard variance. The Trathens
(7/26) submitted a written statement expressing their general disappointment
with the quality of the submitted package. The committee addressed all
these issues.”
Jim Day
moved to approve the November 2004 minutes as amended. Gordon Moores seconded and it was passed
unanimously.
NEW BUSINESS:
COMMITTEE DISCUSSION: The Committee addressed several issues that
have arisen in recent meetings for the purpose public discussion and clarification
of ADC policies.
Building Separation and
Setbacks: The minimum distance required
between buildings is 28ft in Units 1 & 2, 32ft all other units and is measured
eave to eave. Ideally, neighbors with
14ft and 16 ft set backs on each property share the burden of the separation
equally. If the proposed separation is
less than the required minimum or if an owner wishes to build less than 14ft or
16ft from the lot line there must be agreement between neighbors as well a
variance approval. ADC will require any
such an agreement to be publicly recorded and attached to the grant deed in
order to ensure the agreement shows up in a title search. ADC will also require a notarized copy for its
records. The process of recording such a
statement on the deed is simple and inexpensive. James Counts stated that both his neighbors
have less than a 16’ setback, which affects his buildable area if the 32ft
separation is required. Chuck explained
that that type of situation could be addressed by a variance. Al Thompson gave his opinion that set backs
should be measured from the foundation, not eave to eave. William Moores agreed and argued that
measuring from eaves further reduces the potential building envelope on already
problematic lots. Gordon stated that
more separation is desirable and that eaves have an impact on views. Jim Day noted that CC&R 5.3 does not state
foundation, but rather ‘dwelling’ and ‘structure’ and that ADC considers eaves
to be part of a dwelling or structure. In
response to a question from Alex Corey, Nik recommended that, when applying for
a Phase II variance, a prudent owner should consider submitting conceptual
drawings rather than spending considerable monies on quasi final design
drawings that might not be approved
Height Variances and Building
Separation: Chuck explained that the amount of a height
variance must be added to the separation of buildings. For example, a 4ft height variance would
require an additional 4ft of building separation. The burden of the additional separation is
borne by the applicant.
Architect and Professional
Architectural Designer: This discussion addresses
section 4.3(c) of the CC&Rs which states that new homes and major improvements
must be designed by “a licensed architect or professional architectural
designer”. ADC interprets “professional
architectural designer” to be any professional connected with architecture and
building design. ADC has responsibility
for architectural aesthetic control in Irish Beach while the County has
responsibility for enforcing construction and building codes. Tim Murray pointed out that the Phase I
portion of the Irish Beach Building Procedures for New Home Construction does
not clearly state that an architect or architectural designer must
prepare the site plan topography. Chuck
noted that the document should be clarified to conform to the CC&Rs. Bill Moores suggested that ADC consult an
attorney to get an opinion of the legal interpretation of the phrase “professional
architectural designer” based on the California Business and Professions Code. Bill
speculated this is a legal matter and ADC may not have the authority to create
its own definition of the term and should
seek a legal opinion. Al Thompson stated
that he had been involved in putting the now disputed phrase in the CC&Rs
and the intention of doing so was to include architects who are not part of AIA
but are designing houses in this area. After
much debate, the Committee agreed to define a designer as someone who derives
his or her income primarily from designing homes. The issue was discussed further later in the
meeting; see “Communications: Paoli” below.
Mean Natural Grade: All applications must show the mean natural
grade and elevations on the site and plot plans and on applicable elevation
drawings.
Conditional Approvals of
Applications: Applicants whose plans will
require a variance from the County of Mendocino will be required to show that the
County variance process has been initiated before the Committee begins the
review process. The intention is to
establish that a County variance is possible before the Committee and involved
neighbors spends time, effort and expense on a review and hearing.
James
Counts asked if the Committee is looking at drainage issues. He stated that development of higher
elevation lots effects drainage onto lower elevation lots.
Chuck explained that ADC procedures require a drainage statement in both
Phase I and II applications. The
statement must describe how water from the lot will be handled, making sure it
does not flow unto neighboring lots but ADC does not address overall drainage
in Irish Beach.
ADC Meeting Schedule: Beginning in February, meetings will begin
at 11:00AM. Beginning in March, meetings
will be every odd month. ADC, in it’s
discretion, may schedule additional public meetings as needed.
TREASURER’S REPORT: 10/1/04-12/31/04: The report was presented by Jean Selk. ADC had a balance of $6826.41 on Oct. 1, 2004
and an ending balance of $6109.16 on Dec. 31, 2004. Nik moved to approve the report. Jim Day seconded and the motion was passed
unanimously.
MACKIE 1/027 (14880
Navarro Way): Application for Minor Exterior Improvement. Mr. Mackie is applying for a propane tank enclosure.
Bill Moores stated that placing
the enclosure west of the current trash enclosure is better for view
preservation. After reviewing the plans,
the Committee noted that Mr. Moores’ suggestion would place the enclosure less
than 10ft from the existing house and
therefore is not an acceptable location.
Jon and Diane Heinzer had submitted a written statement approving of the
location of the tank. Nik moved to
approve the application. Jim Day
seconded and the motion passed unanimously.
The Mackie’s permit number is 0105-0127 with an expiration date of April
5th, 2005. Bill Moores also stated that Mr. Mackie’s
trees have grown laterally to the point they are affecting views. Mr. Mackie stated that in his five years of
ownership he has removed some trees, topped others and is respectful of view
corridors. He agrees that his trees need
to be trimmed laterally and he will attend to it in the near future.
MURRAY 2/64 (15061
Mallo Pass Dr.): Application for Major Exterior Improvement. Ms. Murray is seeking to build a garage addition which
will require the altering the course of a waterway on her property. Ms. Murray stated that she would like to
alter the course of the waterway regardless of approval of the garage
addition. She contacted the County of
Mendocino and was informed they do not have jurisdiction over waterways. Chuck said she needs to contact Fish &
Game and a warden will determine if they have jurisdiction and how to
proceed. Ms. Murray agreed to do
so. Gordon stated that redirection of
the waterway may effect where her southern neighbor (Rose 2/65) can place his
septic system. Nik stated that a leach
field must be 50ft from a creek if the field is of higher elevation. Nik explained that it appears from the site
map that the height of the proposed addition is 2.5ft to 4.0ft over the 16ft
height limit for dwellings in unit 2 and the overage must then be added to the
14ft set back. Three written comments
have been received from residents regarding the project. Norm Kucala (2/47) stated he has no
objections to the application. Jeffrey
Rose (2/65) expressed concerns over the set backs and the effect of the waterway
alteration on his lot. William Moores
expressed concern about the effect on views from unit 5 lot 2. Ms. Murray agreeds that the view from unit 5 and from her
neighbor’s lot will be affected. Nik
asked if she could build the garage with one story instead of two to ameliorate
the view and height issues. Ms. Murray
stated that she is withdrawing her current proposal and will talk to her
neighbors and Fish & Game.
VACANCY ON ADC BOARD: Alex Corey, RJ
Dial, William Mackie, Joel Kauffman and Walt Rush have informed ADC of their
interest in serving on the Committee. Mr. Dial has withdrawn his
name from consideration. ADC will ask
the candidates to meet individually with the Committee on February 20th
or make other arrangements. The Committee
will then inform the Irish Beach Improvement Club Board of Directors of its choice.
COMMUNICATIONS:
PASQUALETTI 4/17 (15575
Forest View Road): 11/30/04
Email advisement of various maintenance projects planned for the winter and
spring. Mr. Pasqualetti has been sent a letter of
acknowledgement along with a request for a color sample if re-staining will
result in a significant color change.
BRIDGER 3/63 (43701 Sea
Cypress Drive): 12/3/04 Receipt
of final plans and request for New Home Construction permit. The Committee reviewed the plans after the
meeting and found them to be in agreement with the approved Phase II application. Only one set of plans was received. A second set will be requested, signed and
returned along with the final construction permit. The permit number is 0404-0363 and expires on
4/16/05.
LEVENSON-PALMER: 1/032
(14840 Navarro Way): 12/3/04
Email notification of intention
to replace their garage door. The
Levenson-Palmers have been sent a letter of acknowledgement.
COREY 3/10: (14640 Cypress Point Road): 12/8/04 Receipt
of Phase II application for New Home Construction. A variance request was received on 12/14/04. After review, the Committee rejected the
Corey’s application and sent a detailed letter of explanation. Mr. Corey stated that he understood the
letter and was withdrawing his current Phase II application. The Coreys
are redesigning their house, it will be smaller than the one first proposed.
HARLEY 4/63 (15550
Forest View Drive): 12/7/04 Receipt
of Phase I application for New Home Construction. After review, the Committee rejected the
Harley’s application and sent a detailed letter of explanation with a request
for further documents. The Harleys
provided the documents on 1/14/05. The
Committee will review the documents and, if accepted, schedule a hearing for
February 19th.
PAOLI ENGINEERING &
SURVEY: 12/11/04
Letter to ADC describing the drainage system he engineered for the
Moglia property (7/13) and stating that he had not designed the drain on the
east side of lot 13 and therefore cannot speak to its extent or
characteristics. See minutes of Nov. 20th,
2004: New Business- Wm. Moore’s
application for New Home Construction 7/15.
Mr.
Paoli’s letter will be taken into consideration when reviewing Mr. Moores
application in the future.
PAOLI ENGINEERING &
SURVEY: 12/11/04
Mr. David Paoli has informed ADC
of his intention to begin designing homes in Irish Beach and requests
notification as to whether he is considered qualified to do so under CC&R
section 4.3(c). Mr. Paoli is a registered
professional civil engineer. Jim Day
stated that, in his opinion, Mr. Paoli is not qualified to design homes in
Irish Beach (IB) because he does not earn his living as a designer and
therefore does not fall within the ADC definition of “professional
architectural designer”. Roger Bean, an architect, stated that the State of
California Business and Professions Code allows the term ‘architect’ to be interchangeable
with ‘civil engineer’ and therefore ADC may not have the legal authority to
prevent Mr. Paoli from designing homes in IB. He explained that under
California law a civil engineer is one of the groups of professionals who can
legally design homes. He also stated
that regardless of who designs a home, ADC is able to reject the plans on
aesthetic grounds, as it deems necessary. Nik agreed. Gordon stated that he is not considering the
legal or technical merits of who can design, but rather the intent of the
CC&Rs. He argued that one of the
purposes of requiring an architect or professional designer is to increase the
odds that an aesthetically sound design will be submitted. In his opinion, Mr. Paoli does not meet the
requirements of CC&R section 4.3(c) because he does not earn his living as
a designer even though he can legally design homes under state law. Nik argued that Mr. Paoli is a representative
of Lindal Cedar Homes, which are designed by architects, and is certified within
their system. The Committee always has
the authority to accept or reject a design on aesthetic grounds based on
section 4.1 of the CC&Rs. Chuck
stated that Mr. Paoli’s letter suggests that he plans to begin designing homes
and that the Committee may have to get the opinion of a lawyer. He stated that it may be in the best interest
of all IB property owners to require a licensed architect or professional
designer because the aesthetic integrity of the community is paramount. He expressed concern that without
aesthetically competent applications, ADC may miss something undesirable in the
plans, which will only become apparent when the home is built. Nik moved to accept Dave Paoli for house
design in IB. The motion was not
seconded. Gordon moved that only people
who earn most of their income from architectural design or a licensed architect
be allowed to present applications and all others must have plans reviewed and
signed by an architect. After some
discussion Gordon then moved to adopt as a policy that ‘professional architectural designer’ as
described in section 4.3(c) of the CC&Rs be defined as a person who has 3
years experience in designing homes and who has earned at least 50% of their
income from design during that period.
Jim Day seconded. Nik expressed
disagreement with the 50% and 3-year stipulation and suggested the designer
instead present a portfolio. Gordon
withdrew his second motion and moved that if a professional building designer
is not a licensed architect he must submit a portfolio and get permission from
the Committee that they think he is capable of making aesthetic judgments for the
preparation of documents. After more discussion,
Gordon withdrew his motions and the Committee agreed to seek legal advice. The Committee will to respond to Mr. Paoli’s
letter by informing him that, until a lawyer is consulted, ADC is not prepared
to answer his question and suggests that in view of the CC&Rs, he partner
with an architect. This will allow him
to move through his current project (Harley 4/63-see above) in a timely
fashion.
DROLET 1/107 (15225
Irish Beach Drive): 12/15/04 Receipt of documentation of third
party construction delay. Mr. Drolet’s permit will be
extended by 7 months and 13 days due to third party delays. The permit now expires on 4/4/05. Nik pointed out that the third party delay
documentation included a submission to the County indicating a structure height
of 19ft above mean natural grade while the approved application was for a
height of 16ft as stated in the minutes of 8/23/03. Mr. Drolet will be requested to clarify the
issue.
MOGLIA 7/13 (44515
O’Rorey’s Place): 12/15/04 and 1/6/04 Receipt
of letters regarding Bill Moore’s New Home Construction project on 7/15. (See minutes of 11/20/04). The issues of eave to eave measurement and
drainage have been addressed. The Moglias expressed their refusal to
allow Wm Moores to use their east curtain drain for disposal of surface run-off
from his 7/15 project.
WILLIAM MOORES: 12/17/04 Letter
listing concerns regarding the project of Judy Murray. (See ‘New Business’
above.) Mr. Moores’ concerns will be
taken into consideration when Ms. Murray resubmits her application.
TRUJILLO 3/1&2
(14470 Cypress Point Road): 12/20/04
Receipt
of final construction drawings and documentation of third party delay. The Trujillo’s permit will be extended by 5 months
and 8 days due to third party delays.
The permit now expires on 9/25/05. The Trujillios stated that the
extension should be about 7 months, the ADC will again review the submitted
documents and advise the Trujillios of its decision.
KUCALA 2/47 (14950
Mallo Pass Drive): 12/27/04
Email stating he has reviewed Judy Murray’s project (see ‘New Business’
above) and has no reservations. The comment
was noted in the discussion of Ms. Murray’s project.
HEINZER 1/067 (14861
Navarro Way): 12/28/04 Email stating
they have reviewed Mr. Mackie’s project (see ‘New Business’ above) and approve
of the location of the propane tank. The comment
was noted in the discussion of Mr. Mackie’s project.
HEMMENWAY-LADEROUTE 4/3
(15301 Forest View Road): 12/11/04 Receipt of Phase II application for
New Home Construction. ADC has requested additional
documents from Hemmenway-Laderoute and expects to receive them in time to
schedule a hearing on February 19th.
WM. MOORES 5/5 (43551
Sea Cypress Drive): 1/3/04
ADC letter to Mr. Moores listing additional documents and corrections
needed before a Phase II application hearing can be scheduled. ADC continues to work with Mr. Moores to make
the application ready for a hearing.
WM. MOORES 2/41 (43925 Mallo Pass Court): 1/7/04 ADC letter to Mr. Moores listing additional
documents needed to complete the Phase I application for New Home Construction. ADC continues to work with Mr. Moores to make
the application ready for a hearing.
ROSE 2/64 (15061 Mallo
Pass Dr.): 1/12/05
Receipt of comments regarding the Judy Murray project. (See ‘New
Business above). The comments were addressed in the
discussion of Ms. Murray’s project.
WM. MOORES 1/095 (44001
Noyo Way): 1/14/05 Advisement of intent to replace
office door, canopy, and widen walkway. The Committee has not yet
reviewed the notification.
MOREALI 2/12 (44801
Arena Circle): 1/14/05 Request
to have option to use Hardie Board siding with no color change. ADC requests that the Moreali’s submit a
sample.
TIM MURRAY 4/10 (15441
Forest View Road); 1/14/05
Receipt of Phase I application for New Home Construction. The Committee will review the application
and, if accepted, schedule a hearing date.
UNFINISHED BUSINESS:
BUCKE 4/18 (15601
Forest View Drive): Issue of whether or not an after the fact
permit extension is required. Nik noted that Ms. Bucke did provide a
document in October from her contractor indicating the start and end dates of
construction. Ms. Bucke has stated in
writing that she does not intend to pay an extension fee. The Committee will further investigate and
determine the status of Ms. Bucke’s permit.
FROMWILLER 4/68 (15700
Forest View Road): 12/20/04
Notification from Ms. Fromwiller that the installation of her propane
tank, woodshed and fencing was completed on 10/9/04 and request for closure of
her permit. It was explained that Ms. Fromwiller has
requested a waiver of the extension fee due to her misunderstanding of the
requirement that all outside work must also be completed within the permit
period (except landscaping).
The
issue of how to deal with unpaid extension fees was discussed. The Committee will invite Ms. Bucke (if
necessary) and Ms. Fromwiller to the February meeting to present and defend
their case for non-payment.
HUNOLT 7/11 (44500
O’Rorey’s Place): No reply has been received to ADC letter
of 9/18/04 regarding excavation on property. The Committee will retain an
attorney to draft a letter to the Hunolts requesting their presence at the February
meeting to discuss the excavation done on their property without a permit.
Chuck moved to adjourn the
meeting at 3:50PM. Jim Day seconded the motion
and it passed unanimously.
Next IBADC meeting: Saturday, February 19th, 2005 at 11:00AM at
the Irish Beach Firehouse located at 15401 Forest View.
Minutes
submitted by Jean Selk