IRISH BEACH ARCHITECTURAL DESIGN COMMITTEE

PO Box 245 Manchester, CA 95459

707-882-3183

MINUTES for May 21, 2005

CALL TO ORDER

Chuck Conner called the meeting to order at 11:15am at the Irish Beach Firehouse, 15401 Forest View Road.

IBADC members present: Chairman Chuck Conner, Jim Albert, Nik Epanchin and Walt Rush. Gordon Moores was absent.

Others in attendance: Roger and Colleen Bean, Bob Cane, Alex and Cathy Corey, Nancy Epanchin, Annette Fromwiller, Don and Pam Harley, Virgil Knoche, Sonja Keasberry, Rick Morton, George and Betsy Munson, Tim Murray, Massomeh Roberts, Phillip Roberts, Susan Rush, Al and Loretta Thompson, Ron and Julie Trathen, Ken Trout, Bettye Winters.

APPROVE MINUTES:

Nik moved to approve the March 19, 2005 minutes. Walt seconded and the motion passed.

NEW BUSINESS:

PROCEDURAL CLARIFICATIONS: The Committee sees the need to clarify procedures in three areas:

1) Applications that have gone through a mailing but postponed or tabled will be scheduled for a rehearing when the necessary materials are submitted and conditions met, to the Committee’s satisfaction, at least 28 days before a scheduled public meeting. 21 days prior to this meeting, the Committee will mail the appropriate materials to all neighbors originally contacted and the application will be placed on the agenda.

2) Tabled or postponed items that did not involve neighbors will be scheduled for a rehearing when the applicant notifies the Committee in writing at least 7 days prior to the public meeting.

3) Applications that are approved but require some technical corrections to the site plan or other documents, must ~~have~~ submit the corrections to the Committee within 15 working days of the approval. After 15 working days, the Committee withdraws its approval and the application will be scheduled for a rehearing.

Bill Moores objected that requiring an additional hearing for a postponed item caused a burdensome delay for the applicant. The Committee explained that anything that may affect the neighbors must be mailed out with sufficient time for review. Bill asked if Phase II can be submitted before Phase I is approved. The Committee explained that the applicant is doing so at his/her risk and that the Phase II portion will not be mailed to neighbors until Phase I is approved.

Nik emphasized the following:

1) All site plans, no matter how flat the lot, must be prepared using data from a licensed surveyor.

2) All applications must include the required size and number of documents.

3) The Committee must receive signed and dated construction drawings before construction can begin.

Jim Albert moved to accept the procedural clarifications as stated. Nik seconded and the motion passed 4-0.

TREASURER’S REPORT: Jean Selk presented the report for the fiscal year 2004-05. A motion to approve the Treasurer’s Report was made, seconded and passed 4-0.

LANDSBERG 2/25 (44860 Arena Circle): Minor Exterior Improvement application for a propane tank enclosure.

Neither the Landsbergs nor their representative, Margaret Ballou, was present. Bill Moores stated that he could not tell where the propane tank will be placed by looking at the application but that he thought the west side of the lot would be best location. Nik agreed that the application was unclear and explained that after visiting the site, Committee members concluded that the dimensions stated on the plan cannot be accurate. One comment has been received from Jon and Diane Heinzer suggesting that the tank be placed underground. Nik explained that because of the additional cost burden, the Committee cannot require it. Nik moved to approve the application if the applicant provides clarification about the proposed location of the propane tank within 15 working days. Walt seconded and the motion passed 4-0.

TRATHEN 7/26 (44410 O’Rorey’s Roost): Major Exterior Improvement application for the installation of a garage/shop/studio. Wm. Moores and Brad and Casey Dyson (7/25) have made written comments regarding the garage design and setback. The Trathen have responded in writing to both sets of comments. Nik Epanchin recused himself and joined the audience because of a potential conflict of interest. (The remaining three Committee members constituted a quorum.) Ron and Julie Trathen presented the application. Ron explained that they proposed to build a garage/shop/studio toward the southwest side of their property. The elevation resembles that of the house and the roof on the front end (north) will be hipped to match the house. The other end (south), which is only seen from the far end of the park, will be gabled to allow light for a studio. The roof will have a 6:12 pitch and the shingles will match those on the house. The comments received about the project include concerns about the structure being used for a business. Although the application does not indicate it will be used for a business, CC&R Section 7.10 allows residents to conduct a business out of their home with certain specified conditions. Chuck stated the CC&R’s would be followed with regard to allowable business activities and enforced should legitimate complaints arise. Chuck explained that ADC procedures allow for site plans with two foot contours for a major improvement, provided the same site plan was submitted and approved during the original construction. Thus, the site plan as submitted was accepted with two foot contours. The Committee noted that the garage/shop/studio is set back 6ft from the east property line, which borders Dyson (7/25), an undeveloped lot. Because the 32ft building separation must be maintained, both property owners are required to share the burden and maintain 16ft setbacks. The proposed 6ft setback requires a variance. Julie Trathen explained that a branch of Pomo Creek runs along the south property line on lot 25 and the County requires a 100ft setback. She has talked to the County and was told a 50ft variance may be possible. She also explained that the neighbor would most likely build on the higher ground at the north end of the lot to take advantage of the view since the only view from the south end would be the Trathen house. Ron Trathen argued that the building separation language in the CC&Rs only applies to dwellings and that a garage is an outbuilding, not a dwelling and should be subject to a 6ft setback. Chuck stated that the words ‘dwelling’, ‘structure’ and ‘building’ are used interchangeably in the CC&Rs and the Committee must consider the intent of the set back rules. The Committee has an obligation to look ahead and ensure that the affected property owners, when possible, have all options open to them. The intention of the CC&Rs concerning building separation is not to have open areas filled with large structures since these affect views and the general look of the community. Chuck explained that a variance was necessary and would require; 1) A notarized letter (preferably recorded with the County) from the affected neighbor stating non-objection to the proposed garage location 2) or by demonstrating that County or other ordinances will not allow the owners of lot 25 to build within a certain distance of their north property line. This can be demonstrated by letter from the County. It is recognized that due to personal conflicts, it is unlikely that the current owners of lot 25 will agree to option number one. Glen Coleman, Licensed Architect, stated that by building code definition, a structure as presented by the Trathens would be considered a dwelling. Walt moved to postpone the hearing until the Committee receives either a letter from the Dyson’s or the County. The motion was seconded and passed 3-0. Bill Moores stated that a major exterior improvement is a 2-stage application process like that of a new home. Nik explained that it has been a single stage process at least since 1999 unless there are significant problems. Bill asked the Committee to review the policy. Nik returned and joined the Committee.

COREY 3/10: (14640 Cypress Point Road): Phase II application for New Home Construction permit. Glenn Coleman presented the application. Mr. Coleman explained that no variances are requested. The house is located 16ft from the east property line and 22ft from the west line, which maintains the 32ft building separation from the house on lot 9. Lot 11 to the east is elevated and will still have an unobstructed ocean view to the north. The parking area entrance will face west and will have 4ft high wood screening which matches the screening for the propane tank enclosure. Nik suggested that the west side of the parking area be landscaped to make the screening less visible, if so requested by the owners of lot 3/09 (Orlik). Mr. Coleman stated that the Coreys intend to landscape this site. The roof will be Weatherwood 40 year composite. The siding is Certainteed in oyster shell color and the Milgaard windows are desert tan. Nik stated that the Committee must have a corrected site plan showing the approved Phase I building envelope within 15 working days. (Mr. Coleman corrected the site plan and submitted it before the end of the meeting.) Nik reminded the applicant that:

1) All outside lighting must be sheltered and downcast.

2) The name, address and phone number of a contact person for the project must be submitted.

3) Before pouring concrete, the Committee must have written verification that the placement of the foundation conforms to the approved Phase II plans.

4) When the top plate is placed, the Committee must receive written verification that the building height conforms to the approved Phase II plans.

Nik moved to approve a provisional permit for the application as presented. Walt seconded and the motion passed 4-0. Final construction drawings showing the foundation location and height must be reviewed and signed by the Committee before a construction permit will be issued.

TIM MURRAY 4/10 (15441 Forest View Rd.) Phase II application for New Home Construction permit with a height and side yard variances request. Tim Murray presented the application. He explained that because of the limitations of the lot, the building envelope is only 1250ft². Instead of a design driven by trying to get the most possible space on the ground floor, he is requesting a height variance to build a second story. This will allow for a more interesting design as well as a larger house. Nik stated that the requested variance of 6ft 8in. must be matched by increased setbacks, which will result in an even smaller building envelope. He explained that Mr. Murray needs to present all the other considered design possibilities and Mr. Murray must demonstrate that the variance is necessitated by hardship that cannot otherwise be overcome. Mr. Murray stated that the proposed plan is the culmination of many drafts and that without a variance the design will tend to be boxlike and not aesthetically pleasing. He argued that without the steep roof pitch of 8:12 the design “does not work”, that the height variance has precedence in the area and does not compromise any views. He also argued that there have been no community objections and his neighbor, Whitaker (4/12) has written a letter in support of the project. He asked that the letter be read, which it was. Several audience members expressed agreement with the letter, which states that the portion of the house that exceeds 20ft is small, and has minimal impact, the overall design is pleasing and the elevations fit with the neighboring homes to the west. In response to a question, Mr. Murray explained that the garage doors are 8ft tall to accommodate a work truck. Roger Bean suggested that if he can use standard size doors and lower the garage height, he could move the second story portion over the garage and possibly eliminate the need for a variance. Chuck stated that in order to be fair and consistent, the Committee must be process oriented and because of this, a case must be built for a variance by demonstrating that all other options have been explored and are unfeasible or pose a hardship. Nik said he was not convinced that the steep roof pitch was necessary and would like to see sketches showing lower pitches. Nik reminded Mr. Murray that he must provide the Committee with architectural mitigating factors as basis for the variance request which, in turn, allow the Committee to comply with Section 4.6 of the CC&Rs requiring a good faith written statement explaining the reasons for granting the requested variance. The Committee suggested that Mr. Murray provide more details showing that other options do not work. This can include sketches showing a lower roof pitch and alternate designs. Chuck moved not to approve the application and that the owner must provide more substantial evidence that this is the best solution to the difficulties of the property. Nik seconded and the motion passed 4-0.

HARLEY 4/63 (15550 Forest View Drive): Phase I application for New Home Construction permit. Robert Cane made the presentation. He stated that the setback requirements are met and there is no view obstruction. He explained that on the view corridor analysis sketch, no special consideration was given to where houses might be located in the future. The Committee referred to a letter from DeCaminada about the Harley’s first Phase I submittal protesting the effect on his view. Mr. Harley confirmed that he has talked with DeCaminada (4/62) as recently as that morning and they agreed on the house, garage and driveway location. No comments were received about this submittal and Mr. DeCaminada was not present. Nik stated that the Phase II application must show the location of the driveway, the approved Phase I building envelope without the leach field and the location of the mean natural grade. He explained that they should show the maximum building envelope so they are not limited in the future. Nik moved to approve the Phase I application as presented and that the Phase II site plan will include the stated corrections. Walt seconded the motion and it passed 4-0.

BUTERA 2/07 (44881 Arena Circle): Phase I application for New Home Construction permit. Wm. Moores has written expressing concern about drainage and requesting a copy of an existing geotechnical report. Jon and Diane Heinzer (2/06) asked in writing if the propane tank could be placed underground. Phillip Roberts of Roberts and Associates presented the application. He stated that he has been in the house that will be most affected (Landsberg 2/25) in regard to view and the affect is minimal. The building area is limited by the septic system requirements, a vertical bluff on the southwest border and the requirement for a two car parking area. All Irish Beach setbacks and building separation requirements are met. Carl Rittiman designed the septic system and the lot has been perked for a two bedroom home. He explained that a considerable amount of water sheet flows onto the lot from Arena Circle and he is working with a civil engineer and the County to develop a solution. Nik questioned the drainage narrative, which calls for directing water eastward, which is uphill. Mr. Roberts said the drainage plan is still being developed and will be clarified in Phase II. Nik stated that the Phase II site plan should show the entire approved building envelope without the septic so as not the limit the building options in the future. It should also show the location of the neighboring homes and distance from them. A comment had been received regarding a geological study on the stability of the lot and drainage. The Committee clarified that the stability of the lot is an issue between the owner and the County and the Committee does not require the study. Mr. Roberts explained that the County does not require the study but the owner is doing it on his own. Many of the drainage issues will be addressed through the CDP (Coastal Development Permit) process. Another comment was received asking if the propane tank can be placed underground. Mr. Roberts said the owner is considering it. Nik noted that the application indicated a 23ft ridgeline while the height limit in unit 2 is 16ft. The owners can apply for a variance if it can be shown there is a hardship. Mr. Roberts explained that that other options are being explored. Walt moved to accept the application as presented. Nik moved to amend the resolution to state that the Phase II site plan will reflect the maximum Phase I building envelope. Walt seconded Nik’s amendment and Nik seconded Walt’s motion. The motion and amendment passed 4-0.

RAPELJE 1/003 (15400 South Highway One): Phase II application for New Home Construction permit with a height variance and flat roof deck. Wm. Moores has written expressing concern about drainage from the property and its affect on the beach road and requesting action to remove the long-standing story poles. Debra Lennox presented the application. The project received Phase I approval in May of 2001 and that at a previous Phase II hearing in September of 2003, it was accepted that the mean natural grade is 191ft and the maximum ridge height will be 19’-06” or a height variance of 3’06”. The resulting maximum ridgeline elevation is 210.5ft. Ms. Lennox noted that she had failed to indicate the mean natural grade on the site plan as well as a 16ft x 16ft garden shed. The building envelope has changed slightly because the lot is subject to a 30ft CDF setback from the property lines and now a corner of trash enclosure is outside the original approved envelope. A geotechnical study was done by BACE and concluded that any structure on the property will have to have a drilled pier foundation. The owners are working with a civil engineer and the County on both stability and drainage issues. This is intended as a retirement home, the owners wish to maintain a single story have not stepped the structure. The lot is within Point Arena mountain beaver and red tree vole habitat. A biological survey did not find any mountain beaver nests but did find red tree voles, which can be moved. Trees will be removed for safety reasons and to accommodate the septic system and three large cypress trees will be kept. Existing trees and additional landscaping will provide screening from the highway and beach road, leaving only a portion of the house visible. No views are affected. All water runoff will be collected and piped northeast under the beach road into a natural drainage system. The siding will be brown Hardie board and the roof 40 year Elk in hickory color. The story poles are still required by the County for approval process will be removed as soon as possible. The issue of the beach road and the fence on the highway one side of the lot are between the property owner and IBIC. The Rapelje’s are proposing to build a flat roof deck, which requires a variance. The variance process requires ADC to send a letter to the neighbors explaining the variance and allowing a 30-day comment period during which any objections must be submitted in writing. If no objections are received, the variance will be approved and a provisional permit issued without an additional hearing. Nik moved to approve the application as presented with a 30-day comment period for the variance and with receipt of a signed, simplified site plan showing the approved building envelope and the location of the mean natural grade within 15 working days. Jim seconded the motion and it passed 4-0.

BEAN 4/20 (15621 Forest View Drive): Phase II application for New Home Construction permit. Roger Bean presented the application. He explained that it is a 1700ft² home in the Arts and Crafts style. The siding will be white cedar shingles with hunter green trim. The roof is 40-year composite shingles in dark green. He stated that he had received an oral comment that the house is not stepped with the lot. This is intended as a retirement home and he wants to keep it on single story. Nik advised Roger that some of the topographic contours had incorrect values. Roger acknowledged that he, not Richard Seal, wrote in these values. Approximately 75-80 cubic yards of dirt will be removed from the garage pad area to help level the building area. He explained that topography of the lot and the septic requirements make a tight building envelope. The house is 16ft from both side yards, the roof pitch is 4:12 and the house does not block any views. The deck is on the south side of the house and is not seen. There is a drop of 9ft from the finished floor to the ground in the back of the house and they plan to put a green house in that space in the future. Chuck stated that the CC&Rs require that the owner attempt to mitigate slope by stepping the structure. In this case the excavation and the way the house is placed on the lot serves as sufficient mitigation. Nik moved to approve the application as presented and that Mr. Bean will submit a signed site plan showing the approved Phase I building envelope, the location of the mean natural grade and the corrected topographic contour values within 15 working days. Jim Albert seconded the motion and it passed 4-0.

COMMUNICATIONS:

COOK 1/31 (14850 Navarro Way: 4/19/05 Notification of deck replacement. Ms. Cook has informed the Committee in writing that the deck will be replaced with no change to its dimensions. The post rails on the south side will be replaced with tempered glass and the lattice on the south and west sides will be replaced with redwood boards. No permit is required.

WM. MOORES 1/95: 3/29/05 Copy of letter sent to Gordon Moores regarding the rental office stair remodel. Chuck explained that when Gordon Moores began the previously permitted construction he discovered a slope that had not been planned for and subsequently modified the building plans. William Moores has objected. Gordon Moores has submitted revised plans. The Committee will review the issue.

DROLET 1/107 (15225 Irish Beach Drive): 5/9/05 ADC has reviewed the final construction plans and sent them to Mr. Drolet for signature. Mr. Drolet has returned the signed drawings and permit. He has also submitted the $50 fee to extend the permit by one year. The permit number is 0803-1107 with a current expiration of April 4, 2006.

TROUT 2/19 (44661 Pomo Lake Drive): 4/30/05 ADC letter rejecting their Phase I application due to an absence of survey data.

STEINER 2/33 (15225 Arena Court): 4/15/05 Notification of intent of replace his roof with 50 year Elk using the Wheatheredwood color. No permit is required.

JANSSEN 2/49 14900 Mallo Pass Road: 5/18 Notification of an ongoing discussion between Ms. Janssen and Mr. Chico Burmania regarding non-compliant trees on Ms. Janssen’s property. Ms. Janssen has requested assistance in resolving the issue. The ADC will send both parties mediation forms and encourage them to use the Committee as a mediator. Walt suggested that Ms. Janssen contact the Coastal Commission to find out if the trees are within 100ft of an Environmentally Sensitive Habitat (ESHA). She may contact Susan Rush for more information.

RUSH 3/51 (43751 Cypress Parkway): 4/30/05 Notification to ADC that non-compliant trees will be trimmed in the fall. Walt Rush stated that an arborist has told him trimming the trees at this time of year could kill them and advised him to wait until the fall.

BRIDGER 3/63 (43701 Sea Cypress Drive): 3/19/05 ADC reviewed and signed final construction drawings and issued construction permit number 0404-0363 with an expiration date of April 16, 2005. The Bridger’s have been notified that they need to extend the permit. The Bridger’s have also asked about the status of the permit if they sell the property. The ADC will inform them in writing that the permit remains valid if the property changes ownership as long as the permit is kept current. Any change to the approved plans, by the current or future owner, requires a new hearing.

LAGERGREN 4/53 (15300 Forest View Road): 4/15/05 The ADC has approved the final construction drawings and issues final construction permit number 0804-0453 with an expiration date of 8/21/05. The Lagergren’s must return a copy of the signed permit. To date, the signed construction permit has not been received. The Lagergren’s have begun construction and must provide written verification that the foundation location and building height comply with the approved plans.

EPANCHIN 4/35 (15721 Forest View Road): 5/3/05 Written request for 3-week extension to permit 0704-0435 due to delays caused by weather. Nik explained that weather is a legitimate cause for extension when it results in unexpected delays, as the unusually late and heavy rains did this year. Chuck moved that all construction that was started after March 15, 2005 receive an automatic three-week extension due to weather. Walt seconded the motion and it passed 3-0. Nik Epanchin abstained. Other affected projects might include Moreali (2/07).

EPANCHIN 4/35 (15721 Forest View Road): 5/3/05 Notification of a minor change to their Major Exterior Improvement project 0704-0435. The propane tank will be buried rather than enclosed above ground.

WM MOORES 5/5 (43551 Sea Cypress Drive): 3/19/05 ADC reviewed and signed final construction drawings and issued final construction permit number 0205-0505 with an expiration date of Feb. 18, 2006.

MCP: 5/18/05 Receipt of letter advising the Committee of installation of a French drain in unit 7 lot 10 without a permit. MCP requests that the owner, Wm. Moores, dismantled the drain. The Committee will request more information from MCP and look at the file to determine if a permit was issued. Wm Moores, using Mr. Glenn Coleman as representative, advised that Committee that Margaret Ballou, the signer of the letter, did not have the authority to issue an MCP letter.

TRATHEN 7/26 & 27 (44400 & 44410 O’Rorey’s Roost): 4/11/05 Receipt of notification in intent to landscape and plant a vegetable garden on their bare lot and install a fence along the front of both properties. The Committee was remiss by not responding to the notification in a timely manner. The split fail fence requires a permit but has already been installed. The Trathens will be asked to submit a permit fee and an “after the fact” letter will be sent to neighboring property owners.

MOGLIA 7/15 (44290 ORorey’s Roost): 3/5/05 Letter expressing concern about potential drainage from lot 15 (Wm. Moores) and requesting an engineered storm water drainage plan.

WM. MOORES 7/15 (44290 O’Rorey’s’ Roost): 5/11/05 Receipt of revised topographic map showing 1ft contour lines within the building envelope as required per ADC procedures and stated in the minutes of November 19, 2004

WM. MOORES 7/15 (44290 O’Rorey’s’ Roost): 5/18/05 Receipt of a revised drainage statement and letter requesting Phase I approval. Glenn Coleman represented Mr. Moores. The Committee explained that this project was presented but not approved at the November 20, 2004 meeting. It will be scheduled for a rehearing when all four of the conditions placed on the application are met. Mr. Moores must still provide a notarized or recorded copy of an agreement with his neighbor to the north, MCP, to the requested side yard set back variance. He must also provide 15 copies of his revised drainage statement and 15 11x17 copies of the revised site plan.

Nik stated that Mr. Moore’s letter also contained what he considers a frivolous request that the Committee obtain receipts from certain homeowners to verify that they used the proper 40-year roofing materials. Nik reported that Rose (1/098) and Gmeiner (7/23) have 50-year roofs and that he could not contact Ross (3/08). He obtained the information by asking the (1/098) contractor and the (7/23) owners and suggested that Mr. Moores do the same if he has a concern instead of asking the Committee of obtain receipts.

KUCALA 2/47 (14950 Mallo Pass Road): 04/29/05 Letter from Wm Moores regarding the non-compliance with the ADC’s agreement to correct deck discrepancies discussed at the public meeting of 09/18/04. The Committee will follow up on this matter and place it in the Unfinished Business section.

IBIC: IBIC Board member Susan Rush submitted a letter to the Committee generated by a discussion at an IBIC meeting regarding vegetation removal in Irish Beach, its effect on drainage and how to inform new community members about the effects and possible solutions. Suggestions include providing information about suitable trees and shrubs when owners apply for a construction permit and providing the information to new IBIC members.

BEAN 4/20 (15621 Forest View Drive): Phase II application for New Home Construction permit. The Committee will hold the approved provisional permit until fees are paid for the 2003 development of the septic field.

UNFINISHED BUSINESS

The following agenda items were not addressed:

LAGERGREN 4/53 (15300 Forest View Rd): Issue of absence of letter verifying the position and height of the house.

MORTON 4/42 (15851 Forest View Rd): Issue of absence of letter verifying the height of the structure.

PACKER 4/67 (15640 Forest View Rd): Issue of absence of letter requesting extension due to National Guard Duty and no letter verifying height of structure.

BUCKE 4/18 (15601 Forest View Drive): Issue of whether or not an after the fact permit extension is required.

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.

HUNOLT 7/11 (44500 O’Rorey’s Place): No reply has been received to ADC letter of 9/18/04 regarding excavation on property.

Nik moved to adjourn the meeting at 4:45PM. Walt seconded and the motion passed 4-0

The next meeting will be held on July 16, 2005 beginning at 11:00AM at the Irish Beach Firehouse located at 15401 Forest View Drive in Irish Beach.

Minutes submitted by Jean Selk