CALL TO ORDER
The
meeting was called to order at 10:10AM.
IBADC members present: Chairperson Leon Drolet, Nik Epanchin, Gordon
Moores and Walt Rush.
Others in attendance: Cathy Azavedo, Marsha Bucke, Glenn Coleman, Daryl
Datwyler, Nancy Epanchin, Annette Fromwiller, Hammond Hembel, Diane Heinzer,
Jon Heinzer, Sonja Keasberry, Kelly Limberg, Judi Limberg, Bill McConnell,
Marcia McConnell, John McGehee, Dan Moore, Marsha Moore, William Moores, Robert
Powell, Massomeh Roberts, Phil Roberts, Paul Styskal, Shervin
Tajbaksh, Al Thompson, Loretta A. Thompson, Barbara Tonningsen, Ed Tonningsen,
Jim Vickery, Lu Vickery, Su Whitaker,
Bettye Winters.
APPROVE
MINUTES/TREASURER’S REPORT:
Minutes-11/18/06: John
McGehee, an audience member, moved to approve the
minutes of 11/18/06. Walt
Rush seconded and the motion passed 4-0.
Treasurer’s
Report: 10/1/06-12/31/06: The ADC has $2662.04 in net assets. A copy of the report is available on the
Architectural page of IBIC web site (ibiclub.com).Click
here to see report Walt moved to
approve the report, Nik seconded and the motion passed 4-0.
NEW BUSINESS:
Hearings for
New Home Construction and Major Exterior Modification permits will be limited
to 45 minutes; 15 minutes for presentation and Committee questions and 30
minutes for audience input and discussion.
HEMBEL 4/01 (15225 Forest View Road): Minor Exterior Improvement application for
the construction of a picket fence. The Committee finds that the proposed fence
conforms to CC&R 5.6 in that it is not solid and does not obstruct any
views. Nik moved to approve the
application. Walt seconded and the
motion passed 4-0.
MCCONNELL 1/034 (14820 Navarro Way): Phase
II New Home Construction permit application with height and side yard
variances. One comment was received from
Rasch (1/068). Architect Phil Roberts presented
the application. The building area of
the lot is constrained by the topography, the septic system requirements and
the presence of the Point Arena Mountain Beaver. The proposed 2 bedroom, 2 bath house is
1336ft2 and the separate single car garage is 305ft2. The applicants are seeking several variances
including a height variance of 2ft 4in. which is lower than the original Phase
II application. The proposed roof pitch
of 3:12, itself a variance from the minimum 4:12 pitch, serves to mitigate
the height. A third variance request is
a waiver from the requirement that the amount of the height variance be added
to the distance of the side yard set backs.
The proposed home is located 28ft from the house to the north (Kelada
1/35). Mr. Roberts argued that without
the variance the already small building area would be further reduced resulting
in a house less than 1200ft2, the minimum required by CC&R
Section 5.2 Mr. Kelada has submitted a
written statement of agreement to the proposed house location. The slope of the building area is greater
than 5ft which requires stepping of the foundation and roof ridges per CC&R
Section 5.4. Mr. Roberts argued that
engineering concerns limits the extent that the foundation can be stepped and
the resultant reduction of the height impact is not justified by the loss of
usability of the house. Finally, a
variance is requested in regard to screened, off street parking. Mr. Roberts argued that given the constraints
of the lot, a single car garage is the only reasonable option with no area for
screened, off street parking. William
Moores (1/070) stated that the architect has done a fantastic job of addressing
the concerns of neighbors by making changes to the design based on
comments. He also stated his concern
about landscaping that blocks ocean views between houses and suggested making
it a condition of the permit. Diane
Heinzer stated her appreciation of the reduction of the height from the
original Phase II application and concurred with William Moores that the ocean
views between homes are important, not just for home owners on the east side of
Navarro Way but also for pedestrians.
Mr. Roberts stated that the applicants to not intend to block the views
on the north or south side of the house with landscaping. Jean Rasch (1/068) has made a written
objection to any variances. Nik stated
that the Committee observed the effect on views from the deck of the Rasch
house and the house to the north (Held 1/069) and conclude that while there is
some impediment to the view, it is not drastic, given the constraints of the
lot. Gordon moved to approve the requested variances: height, north side
yard set back, roof pitch, not stepping the foundation and single car garage,
due to the small building area caused by the physical constraints of the lot
that include the steep slope, septic system requirements and the Point Arena
Mountain Beaver. Nik seconded and the
motion passed 4-0. Nik moved to approve
the application as presented. Walt
seconded and the motion passed 4-0. The
siding will be Sherman-Williams Woodscapes-Mountain Ash color, the roofing will
be Elk Prestique 40 year shingles in Sablewood color and the window frames will
be dark brown. Exterior lights will be
shielded and downcast. Color samples
shall be submitted within 15 working days.
[A letter will be mailed to all neighbors within 300ft advising them of
the 30 day comment period for objections to the ADC approved variances.]
TAJBAKSH/POWELL 3/13 (14600 Cypress Point Rd.): Phase II New Home Construction permit
application with variance request not to step the foundation. Architect/owner Shervin Tajbaksh presented the
application. He explained that the
1340ft2 structure is 16ft wide and jogs to keep with the
topography. He is requesting a variance to
CC&R Section 5.4 which requires stepping the foundation and roof when there
is an elevation change of more than 5ft. within the building perimeter. He showed that the area that meets this
criterion is only 2% of the total building perimeter and argued that stepping
the foundation or roof ridges in these areas would not serve to reduce the bulk
of the building. The proposed house is 13ft.
8in. above mean natural grade and is tucked into the hill to preserve the views
of the neighbors. The roofing material
will be a 40 year shingle in dark gray and the siding will be Hardi panel in
either medium gray or a stained wood look.
Window frames will be dark gray.
Mr. Tajbaksh informed the Committee that there may be a change in the
size of some of the windows. These
changes, if not major, can be redlined on the construction drawings. After discussion it was agreed that the
screened parking area will be reconfigured so that the open part of the C
shaped screening fence is facing the street and screened with shrubs. This
will reduce the visual impact for the north and south neighbors and will
have minimal impact as seen from the street. The garbage enclosure will be
moved closer to the street to accommodate roll out service. These changes were redlined on both sets of
Phase II drawings. Walt moved to approve
the application as presented with the redlined changes to the screened parking
and garbage enclosure. Nik seconded and
the motion passed 4-0. Provisional Permit
0107-0313 has an issue date of January 20th,
2007
and is valid for one year. A construction permit will be issued when
final construction drawings showing the location, height and appearance of the
project are received, reviewed and approved.
LIMBERG/WHITNEY 4/72 (15780 Forest View Court): Phase I New Home Construction permit
application. One comment was received
from McGehee (4/65). Judi Limberg, a professional
architectural designer working for architect James McCalligan, presented the
application. The location of the
building area is restricted by the septic system, which must be located on the
northwest corner of the lot. Adjoining
lots 4/71 and 4/73 are vacant and the minimum 16ft set back is observed. The 20ft south set back is also observed,
although the eaves of the future home will intrude into that set back. There are no set back issues on the north
side. No height variance request is
foreseen. In response to questions from
audience members, the applicant stated that the lot will be landscaped and that
they will seek to find solar panels that have a low visual impact. Marsha Bucke stated that the view
corridor map does not accurately show the location of Sonya Keasberry’s
house. Gordon Moores stated that they should
screen the driveway parking area as much as possible and suggested moving the
driveway slightly to aid in screening.
The planned privacy fence shown on the plans will not exceed 6ft. Nik moved to accept the application as
presented. Walt seconded and the motion
passed 4-0.
DAN AND MARSHA MOORE 7/09 (44520 O’Rorey’s Pl.): Phase II Major Exterior Modification
application for the construction of a garage.
One comment was received from Wm. Moores (7/10). A notice of the approved Phase I variance
request was sent to neighbors within a 300ft radius on 12/13/06. Architect Glenn Coleman presented the
application. The proposed garage follows
the northeast wall of the existing house and is 10ft from the north property
line (7/10). The existing house roof
ridge is 18ft above mean natural grade and the proposed structure is 13ft 4in
at its highest point. Lots to the west
and north will not have their views impeded.
The siding and roofing will match the house and the proposed window
frames are almond. Gordon stated they
need to be a dark color to blend with the black frames of the existing house. William Moores (7/10) stated that he does not
object to the location of the garage although as a consequence, he will have to
place a house on the west portion of his lot which in turn may affect the ocean
view from lot 7/09. Walt moved to
approve the application as presented.
Nik seconded and the motion passed 4-0.
Provisional
Permit 0107-0709 has an issue date of January 20th,
2007
and is valid for one year. A construction permit will be issued when
final construction drawings showing the location, height and appearance of the
project are received, reviewed and approved.
PROPOSED CHANGE TO ALL BUILDING PROCEDURES: The Committee proposes the following addition
to the existing published procedures:
“The ADC shall deny issuing any permit if current violations to the
CC&Rs exist on the property in question and correction of such violations
are not addressed in the permit request.”
A notice of the proposal was sent to all property owners via email and
mail on December 12, 2006. Of the
approximately 300 notices sent to property owners, fourteen written and signed
responses (only 3 from permanent residents: Winters, Vickery and Epanchin) were
received from community members. Many of
the audience members joined the lengthy discussion. Leon
stated that the purpose of the proposed policy is to correct problems such as
unshielded exterior lighting. There was
a discussion of whether or not a house built under previous CC&Rs must be
brought into compliance with the current CC&Rs when the owner applies for
an improvement permit and where the line is drawn on what must be
corrected. Leon
stated and read the CC&Rs to the audience that Irish
Beach
residents are required to be in compliance with the most current version of the
CC&Rs per Article II Section 2.1(b).
The statement met with general disapproval from the public. Some
audience members expressed their deep concerns about the ADC’s proposed
inspection of properties for CC&R violations and questioned the extent to
which the Committee intends to look for violations. Committee members stated an inspection would
only be done when the property owner applies for a building permit and that
past, permitted construction cannot be rescinded. The discussion of unshielded exterior
lighting included the issues of safety, light pollution, lights that are left
on all night and whether or not this is something that should be addressed
between neighbors or by the ADC. The
issue of extending the time allowed for home construction for owner/builders
was also discussed. No action was taken
and Leon
thanked the audience and responding community members for their valuable input.
EAVE TO EAVE BUILDING SEPARATION POLICY: The Committee proposes amending the building
separation policy to state that the separation will be measured from foundation
to foundation instead of eave to eave. Leon
explained that the current policy of measuring building separation from eave to
eave is difficult to enforce and punishes owners of lots with small building
areas. After discussion and audience
input, Gordon moved to adopt the new policy with the eaves not to exceed
2ft. Nik moved to amend the motion to
state eaves are not to exceed 3ft. when measuring building separation from
foundation to foundation between two structures. Walt seconded the amendment which passed
4-0. Walt seconded the amended motion
which passed 4-0. As a result of the
discussion, the Committee will need to address how the policy applies to decks
where the surface is 3ft or more above the finished grade and which are built
on continuous foundations.
GARBAGE ENCLOSURES: Property owners do not need to apply
for a Minor Exterior Improvement permit to rebuild or modify their existing
garbage enclosures in order to accommodate the larger containers provided by
Solid Waste of Willits. The location and
appearance of the new or modified enclosure must remain unchanged and the
property owner shall notify the Committee of the intended work in writing.
COMMUNICATIONS:
ASHTON 1/007 (15250 Irish Beach Dr.): 1/7/06 Receipt of notification of intent to paint
with a color change from dark brown to medium brown. A color sample was submitted. The color change is approved. In the same letter, the Ashtons also told the
Committee of their need to enlarge their garbage enclosure in order to
accommodate the bigger containers provided by the new garbage company, Solid
Waste of Willits. See “Garbage
Enclosures” above.
McCormick 1/029 (14870 Navarro Way): 12/23/06
Receipt of notarized agreement stating that Mackie(1/027) does not
object to the McCormicks’ proposed 6ft set back from the shared property line
and agreeing to maintain the 28ft building separation. (See minutes of 7/15/06) Designer
Paul Styskal was present. The building
envelope is now at the 6ft set back line from 1/027 which maintains a 38ft
building separation with the existing house.
This fulfills the condition of Phase I approval set in at the July 15, 2006
meeting.
HOFFMAN 1/052 (14780 S. Hwy 1): 1/9/07 Receipt of revised Phase II drawings. See minutes 11/18/07. The new drawings reflect the approved changes
to the screened parking area and the garbage/propane enclosure. The conditions for Phase II approval set at
the November 18, 2006
meeting have been met. Provisional
Permit 0107-1052 has an issue date of January 9, 2007 and is valid for one
year. A construction permit will be
issued when final construction drawings showing the location, height and
appearance of the project are received, reviewed and approved.
STEISBERG 1/089 (14921 Navarro Way): 12/23/06
Receipt of letter requesting an opinion about their landscaping in
regard to its effect on ocean views, information about any process available
for a resident to express disagreement about CC&R compliance and requesting
an interpretation of CC&R Sections 5.1 and 7.6(a and b) in regard to
“potential building envelope”. The Committee announced the need for an ad hoc
committee to review the current mediation process and recommend
improvements. The existing mediation
process is vague and has never been used.
Five community members stepped forward: Marsha
Bucke, Pam
Harley, Jon Heinzer, John
McGehee and Ed Tonningsen. The Mediation Committee will report back to
the ADC at the May
19, 2007 meeting.
Wm. Moores 1/095 (44001 Noyo Way): 1/15/07 Request for a letter from the Committee
secretary regarding the details of Minor Exterior Improvement permit 1104-1095
for the construction of an entryway staircase. The Committee requested that Mr. Wm. Moores
address future correspondence to the Committee and not the Committee
secretary.
BUTERA 2/07 (44881 Arena Circle): 1/13/07 Receipt of height verification from Richard
Seale, licensed surveyor.
ALBERT 2/15 (44741 Pomo Lake Dr.) 1/9/07
Notification of intent to do repair work to include siding, roofing,
decking and painting. All work will be
replacement of existing structure, including color. No permit is required.
ARGYS/HOLOMAN 2/38 (44960 Pomo Lake Dr.): 1/9/07
Notification of intent to install a new roof using Elk brand 40 year
architectural grade asphalt shingles in Bark wood color. No permit is required.
MOULTHROP 4/60 (15470 Forest View Dr.): 12/14/06
ADC letter asking the Moulthrops to resubmit the Minor Exterior Improvement permit application for
driveway screening per the informal discussion and tentative agreement reached
after the meeting of 9/16/06. The Moulthrops
replied on 1/8/07. Leon stated that the existing
improvements of the parking area screening and trellis is a step in the right
direction and moved to approve them and issue a permit. Nik seconded and the motion passed 3-1. The Moulthrops will be issued Minor Exterior
Permit 0107-0460 for the existing work.
CORDONE 7/18 (44320
O’Rorey’s Roost): 1/17/07 Receipt of notification of intent to remove two trees
from his lot. No permit is required.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 12/23/06
Letter from William Moores requesting an explanation of the ADC’s letter
of agreement with the Trathens regarding their Major Exterior Modification
permit 0705-0726. The
ADC made a written response dated 1/15/07. The
item will be carried to the next agenda.
AMBRIFI 7/34 (44301 O’
Rorey’s Roost): 12/1/06
and 12/8/06 Letters from William Moores to the ADC suggesting that the
proposed house may not fit within the approved building envelope because of
eave overhang and suggesting that the house be moved 10ft north. The Committee issued a written response dated
1/2/07. See “Eave to eave separation policy” above. Wm. Moores stated that at the time the
application was approved building separation was measured eave to eave and
argued that the procedures are not being followed. He proposed a solution of moving the building
envelope 10ft north. The Committee
admits that it made an error in approving the final drawings without considering
the eave overhang; however the mistake was caught too late and is not easily
corrected because Mr. Ambrifi has already submitted the plans to the County and
Coastal Commission. In addition, the
intrusion of the 2ft eave into the set back area amounts to only 2ft2
of view space and the Committee will not rescind the permit for the minor
infringement.
AMBRIFI 7/34 (44301 O’
Rorey’s Roost): 12/29/06 Receipt of two sets of final construction drawings
for New Home Construction Provisional Permit 0906-0734. The plans were reviewed, approved and signed
by the Committee members. New Home
Construction permit 0906-0734 has an issue date of September
16, 2006 and is valid for one year.
AMBRIFI 7/34 (44301 O’
Rorey’s Roost): 1/7/07
Receipt of letter from Wm. Moores objecting to the proposed construction
of a storage shed outside of the approved building envelope on the subject
property and suggesting that a hearing is required to establish a new building
envelope. Small structures of 150ft2
or less may be placed outside the approved building envelope.
WM. MOORES: 1/15/07 Request for all communication sent to him by
the Committee between 5/19/05 and 7/23/05. Mr.
Moores may request a copy of any specific communication sent to him by the ADC.
UNFINISHED BUSINESS
MCP: ADC
letter to MCP requesting the name of the corporate spokesperson. No response has been received to date.
TIM MURRAY 4/10 (15441 Forest View Rd.): 8/25/06 ADC letter regarding NHC
permit 0905-0410. The permit expired on 9/4/06. Leon
will try to meet with Mr. Murray to resolve the issue.
ADJOURNMENT/NEXT MEETING
The next meeting is scheduled for March 17th,
2007.