Open
meeting beginning at 10:00am at the Irish Beach
Firehouse, 15401 Forest View Drive.
CALL TO ORDER
Chairperson
Leon
Drolet called the meeting to order at approximately 10:00AM. He introduced Committee members Nik Epanchin and John McGehee. Members Gordon Moores and Walt Rush were absent.
Others present: Bob Dutra, Paula Dutra, William Moores, Robert Powell, Shervin
Tajbaksh, Steve Whitaker, Su Whitaker and Bettye Winters
APPROVE
MINUTES/TREASURER’S REPORT:
Approve
minutes of: 3/17/07 A letter was received from William Moores
requesting several changes to the draft minutes. Nik
Epanchin
made several changes to the submitted minutes:
inclusion of David Paoli Jr. and Rod and Melissa Schaeffer to the
attendance list, under “Change to all Building Procedures”, the fifth sentence
shall read “. . . at the time they are
replacing all windows . . .”and four minor changes to the discussion of the
office stairway (Communications: Gordon Moores
1/095) for clarification. Leon
Drolet stated that the Committee members have
reviewed Mr. William Moores suggested changes and conclude they are not
warranted. Leon
moved to approve the minutes as submitted and amended by Nik. Nik seconded and
the motion passed 3-0.
Treasurer’s
Report: Fiscal Year 2006-07 Nik moved to approve the report. Leon
seconded and the motion passed 3-0.
Minutes
on the web site: Leon
Drolet announced that minutes posted on the web site
will be titled as “draft minutes” until they are approved at a meeting.
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.
TAJBAKSH/POWELL 3/13 (14600 Cypress Point Rd.): Revised Phase II New Home Construction permit
application. No comments were
received. Shervin Tajbaksh,
architect, presented the revised application.
He explained that the house has been rotated a bit and is now over 16ft
from the east property line. The carport
has been moved closer to the house and a screening fence added. Although it is possible to build a garage
under the house, they do not plan to build it at this time. After some discussion, Nik
stated that the plans must show the location of a future two car garage, the
radius of the property line curve shown on the south side of the house, the
source of the topographic data, the approved Phase I building envelope, the
location of the mean natural grade along the foundation line, the approximate
volumes of cut and fill, the existing and finished grade on the building
elevations and materials to be used for the screened parking area. The Committee also suggests a wind screen for
the hot tub, located on the north side of the house. These changes can be redlined on the existing
drawing. Nik
explained that the application includes a variance request to CC&R Section
5.4 regarding stepping the foundation and roof ridge when the contour change is
greater than five feet. In this case the
affected area is very minor and it is within the Committee’s purview to waive
the variance requirement and therefore a variance letter of notification to
neighbors will not be sent. Nik moved to approve the
application as presented with the discussed additions to be redlined and to
waive the variance requirement. John McGehee seconded and the motion
passed 3-0. The applicants asked if the
installation of solar panels on the roof or the installation of a wind turbine
requires a permit or Committee approval.
Nik Epanchin gave his opinion that solar
panels would have to be redlined on the drawings and that approval of a wind
turbine would have to consider height, location etc. The applicants now have a provisional
permit. A construction permit will be
issued only after receipt, review and approval of final construction
drawings. The $750 Performance Deposit
will be refunded upon receipt of verifications of foundation location and
building heights as approved. The
general contractor will also be required to sign a copy of the construction
permit, indicating their understanding of the terms and conditions of the
permit. Exterior lights must be shielded
and downcast.
MEDIATION COMMITTEE
REPORT: John McGehee reported that the Mediation
Committee has been reviewing and putting together documents to facilitate
mediation and should have them ready for review within the next two weeks. John McGehee has agreed to be the point
person if anyone is considering mediation.
He explained that the purpose of mediation is to get people talking in
order to reach a solution.
The
Committee proposes the following addition to the existing published procedures:
As of June 1, 2007, if
current violations to the CC&Rs’ Section 5.12 (exterior lights) as well as
CC&R violations on any work done without the required permit exist on the
property in question, the IBADC shall deny issuing any new permit unless
correction of such violations is addressed in the permit request. This item was discussed at the January and
March ADC meetings and posted on the web site.
The words “. . . as well as
CC&R violation on any work done without a required permit. . .” were
added. No additional written comments
have been received.
As of June 1, 2007, the IBADC will inform, in writing, all Mendocino Coast real estate firms that prior to finalizing any Irish Beach real estate transaction, realtors
are encouraged to check with the IBADC secretary for any outstanding notarized
agreements and CC&R violations related to the property in question. This item was discussed at the March ADC
meeting and posted on the web site. No
additional written comments have been received.
As of June 1, 2007, for those in violation of their permit requirements
or working without a permit, the IBADC will immediately initiate an informal
working relationship with the individual(s) to assist them in compliance. If
that effort fails, IBADC will formally notify the individual(s) by registered
mail of the need to rectify permit violation(s). If necessary, the IBADC will
pursue a solution in small claims court. This item
was posted on the ADC web site. No
written comments were received. After
some discussion, it was agreed that the last four words “in small claims court”
will be struck and replaced with “by legal means”.
As of June 1, 2007, all contractors will be required to signoff prior to
construction that they have read the terms of the permit under which they will
be working. This item was posted on the ADC web
site. No written comments were
received. After discussion it was agreed
that the words “all contractors” will be struck and replaced with “the general
contractor”.
Nik Epanchin moved to adopt these four
procedures as amended. John McGehee seconded and the motion
passed 3-0.
COMMUNICATIONS:
VIPPERMAN/COHEN 1/C (14756 Navarro Way): 5/11/07
Receipt of letter stating intent to rebuild the house destroyed by fire
in 1996 and request that the IBADC agree in writing that the new two story
house will be “grandfathered” under the rules. Leon
explained that the original house was built under the 1974 CC&Rs which
allowed a two story home on that lot.
However, the current CC&R’s have a height
limit of 16ft above mean natural grade.
The request is denied at this time and a new home must be built under
the current CC&Rs. The applicants
have the option of pursuing a height variance.
MCCONNELL 1/034 (14820 Navarro Way): New Home Construction Provisional Permit
0307-1034 for was issued on 3/28/07 after the completion of
the 30 day comment period for variance applications.
HOFFMAN 1/052 (14780 S. Hwy 1): 5/15/07 Receipt of final construction
drawings for permit 0107-1052. The
drawings are approved and signed by Committee members and a New Home
Construction permit has been issued.
sieber trust 1/059 (14800 S. Hwy 1) 4/2/07 Receipt of letter from Grund
(1/060, 14820 S. Hwy 1) requesting action to clean up or remove the trees on
the subject property due to fire hazard and unsightliness. Bob and Paula Dutra,
co-owners of lot 60 were present. The
owner of the subject property died number of years ago and upkeep has been
abandoned by the heirs. The neighbors
believe the trees and brush are a fire hazard and the house a home for wild
animals and termites. Leon
stated that he has started the process of identifying the property owner and
address of record and plans to pursue the issue.
office 1/095 (44001 Noyo
Way): 4/17/07 Receipt of letter from Wm. Moores
regarding the ADC approval of modified Minor Exterior Improvement plans for the
stairway. (see
minutes of 3/17/07) Mr. William Moores
questions the validity of the permit issued in 2004 and an ADC letter dated 7/17/05
stating the ADC’s authority to approve minor modifications to approved plans
without an additional hearing. Nik Epanchin
explained that a site visit was made at the last meeting on 3/17/07
at which both parties, William and Gordon
Moores, agreed on a settlement. The agreement is recorded in the meeting
minutes and the matter is closed.
AMERIGIAN 4/45 (15901
Forest View Rd.) 5/8/07 Receipt of letter requesting an
extension of 4 months for Major Exterior Modification permit 0706-0445 due to 3rd
party delays. The Amerigians state that they were delayed in getting a County
permit due to rule changes, personnel changes and erroneous information. The Committee agreed to grant the extension
upon receipt of County documentation of approval.
SACKMAN 7/14 (44280 O’Rorey’s Roost): 5/12/07 Receipt of contact person and
construction start date for New Home Construction Provisional Permit
0706-0714. Final construction drawings
were received on 5/16/07. The Committee members reviewed and approved
the drawings and New Home Construction permit 0706-0714 was issued.
GMEINER 7/23 (44370 O’Rorey’s Roost): 5/7/07 Receipt of letter from Mr. Gmeiner stating exterior construction will be completed in
two weeks. Leon Drolet
announced that Mr. Gmeiner will probably need an
additional two weeks to finish the work.
GMEINER 7/33 (44421 O’Rorey’s Roost): 3/15/07
Letter from Gmeiner requesting the ADC provide
William Moores with a mediation opportunity to address his concerns about trees
and view obstruction from Mr. Moores’ lots to the east. A previous mediation request application by
William Moores was rejected by the Committee. (see
minutes of 9/16/06 ‘Unfinished Business’ and 11/18/06 ‘Communications’)
GMEINER 7/33 (44421 O’Rorey’s Roost): 4/14/07 Receipt of letter from Dyson
(7/25) regarding mediation between William Moores and Gmeiner
over trees. The Committee responded on 4/20/07 explaining that mediation has not been requested
to date. Mediation
must be initiated by the plaintiff, William Moores. The Dyson’s comments will be noted if and
when mediation occurs.
GMEINER 7/33 (44421 O’Rorey’s Roost): 4/26/07 Receipt of letter from William
Moores regarding mediation between Mr. Gmeiner and
himself and ADC mediation policy as a whole.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 4/18/07 Receipt of letter from William
Moores regarding the garage construction and permit. Leon
Drolet stated that the Committee is concerned about
the expired permit and that some of the construction does not match the
approved plans. Specifically, the
approved plans for the east wall of the garage showed two small windows but
currently there is one small window, one larger window, a door and another
framed area, possibly for a large window.
In addition, the trellis on the east property line now appears to be a
fence. The ADC intends to seek legal
counsel as to how to proceed.
UNIT 9A: 4/21/07 An anonymous letter was received asking if
the ADC has approved a subdivision of 2 parcels as applied for by William
Moores to Mendocino County Planning Department. Henceforth the Committee will not respond to
anonymous letters nor will they be placed on the agenda.
WILLIAM MOORES: Committee
Chairperson Drolet received a phone call on 4/20/07 and letter on 4/28/07
requesting the ADC to amend its bank account name for legal reasons. The Committee responded in writing on 4/24/07 stating it does not intend to make a change at
this time.
UNFINISHED BUSINESS
OWER/BUILDERS:
(See minutes of 3/17/07) How to
handle owner/builders who intend to take much longer to complete exterior
construction than presently handled by the CC&Rs and procedures. Should a
completion time be stipulated, eg. 2 years instead of the current 12 months? Should there be
provisions for further time frame extensions? (Currently two 3 month extensions
are allowed.) Should the permit fee be increased? If so to what amount (current
new home construction permit fee is $1,500)? Should time extensions have
associated fees? If so of what amount (current extensions cost $500 and
$1,000)? There was a discussion of several issues including
applying the same rules to all home builders versus creating a separate
category for owner/builders and the ADC’s authority to enforce time limits on
construction. Leon Drolet stated that he will seek feedback from the current
owner/builders for the purpose of working toward a solution.
ARE POLITICAL CAMPAIGN SIGNS PROHIBITED BY THE CC&Rs?;
One comment was received from Kimberlie Fraser (3/12) on 5/1/07. Ms. Fraser stated in her
letter that political signs should be allowed but that size and placement
restrictions are needed. A lengthy
discussion produced a consensus on a size limit of two square feet but no
agreement on whether to limit placement to a window only or allow placement in
a yard. Leon
Drolet stated he will work on a policy based on the
discussion. The item is tabled until the
next meeting.
MCP: ADC
letter dated 10/12/06 requesting the name of the
corporate spokesperson. No
response has been received to date.
SEGHESIO 1/018 (15020 Navarro Way): 2/14/07 ADC letter regarding the need to
complete the exterior staining of the addition in order to close Major Exterior
Modification permit 0902-0118. A response was received on 4/23/07
from the new owner, Camille Seghesio, stating her
intention to stain the exterior after other maintenance work is complete. This item will be removed from the agenda.
KELADA 1/035 (14800
Navarro
Way): 2/14/07 ADC letter regarding the need to repair the
garbage enclosure. The
garbage enclosure has been removed. The
ADC has not received notification as to whether or not a new enclosure will be
built. This item will be removed from
the agenda.
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. A written response was received on 3/30/07
stating his willingness to work with the Committee. This item will be removed from the agenda.
ADJOURNMENT/NEXT MEETING
Nik moved to adjourn the meeting at 11:58AM. Leon seconded and the motion passed 3-0.
The next meeting is scheduled for July 21st,
2007.