Open
meeting beginning at 11:00am at the Irish Beach
Firehouse, 15401 Forest View Drive.
CALL TO ORDER
The
meeting was called to order at approximately 11:25AM.
IBADC members present: Chuck Conner, Nik Epanchin and Gordon Moores. Brian Carter, an IBIC Board member, also sat
on the Committee in order to ensure the presence of a quorum for all
matters. Nik Epanchin chaired the meeting.
Others in attendance: Jim Albert, Richard Ambrifi,
Glenn Coleman, Don & Pam Harley, Francis Harrington, Jeff Hoey, Dan & Marsha Moore, Lisa & Michael Moulthrop, Rick Pate, Roger Perkins, Ron Sackman, Paul Styskal, Al &
Loretta Thompson, Steve & Suzanne Whitaker, Jim Wilbee
and Bettye
Winters.
Announcements
ADC Open Position:
Nik Epanchin announced that this is Chuck Conner’s second term has
expired and this is his last meeting as an ADC member. Nik
thanked him for his outstanding work for the community and the audience
responded with a round of applause. The
Committee is seeking a volunteer to fill the open position. The position of Committee Chair will rotate
approximately every 3 months.
Meeting time: Beginning in September, meetings will begin
at 10:00AM.
APPROVE
MINUTES/TREASURER’S REPORT
Approve minutes of 4/15/06 and 5/20/06: Gordon moved to approve the
minutes of 4/15/06 as submitted. Chuck seconded and the motion passed
4-0. Gordon moved to approve the minutes
of 5/20/06 as submitted. The motion was seconded by Chuck and passed
3-0 with Nik abstaining.
Treasurer’s Report: 4/1/06-6/30/06: Jean Selk presented
the report. The ADC has moved its
banking from WestAmeribank in Gualala to Inwood Credit Union in Point Arena. The ADC received $6,325.00 in revenue, which
includes $3,825.00 in permit application fees and renewals, a $1000.00 loan
from IBIC and $1,500.00 in refundable Performance Deposits. Expenses for the period were $1951.69. It was agreed that the report should show the
ADC’s liability (the IBIC loan and Performance Deposits) in order to accurately
reflect assets. Chuck moved to approve
the report with the revision. Gordon
seconded and the motion passed 4-0. The
final report will be posted on the web site.
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.
SACKMAN 7/14 (44280 O’Rorey’s Roost): Phase
II New Home Construction permit application. This application is continued from
5/20/06. Architect Francis Harrington presented the
application. He explained that the work
that had previously begun on the septic system was halted and the holes filled
per the Committee’s instructions. The
house will have beige Hardi Shingle siding, beige
trim, a cream colored break line at the window sill level and brown Hardi-plank below.
The roofing material will be grey Elk Prestique
40 year composite shingle. The window
frames will be a buff color and will not be white. Outside lighting shall be shielded and
downcast. Water run off from the
structures will be directed to O’Rorey’s Roost via
gutters or underground pipes and run off from the undeveloped portions of the
lot will continue to sheet flow onto lot 13 as it has it does now. A comment was received from Moglia (7/13) regarding the affect on the view from his
kitchen of the hills to the east. The
Committee members agree that that is not his primary view and the project can
proceed. Gordon moved to approve the
application as presented. Chuck seconded
and the motion passed 4-0. Mr.
Harrington stated that he will send new full sized drawings for the Provisional
Permit, signed by the owner. Nik explained the purpose of the Performance Deposit and
how it is intended to work. He then
explained that construction cannot begin until it is received as well as final
construction drawings relating to location, height and exterior appearance,
signed by the owner.
DAN AND MARSHA MOORE 7/09 (44520 O’Rorey’s
Pl.): Phase I Major Exterior Modification permit
application for the construction of a garage.
A revised site plan was received on 7/5/06. One written comment was received from Bill
Moores (7/10).
Architect Glenn Coleman presented the application. The original plans for the existing residence
shows it centered on the east-west axis line of the property with 10ft north and
south side yard set backs. The current application proposes a single car garage
in the northeast corner of the lot within the existing building envelope
delineated by the 10ft north side yard set back and the 20ft front yard set
back. The owner intends to apply for a
County front yard variance of 10ft. Bill
Moores (7/10) has objected in writing to the proposed north side yard set
back. Based on the location of the
existing house at 11ft 3in. from the north property line and the 10ft side yard
set back shown in the original plans, Gordon moved to approve the building
envelope with 10ft side yard set backs and a 20ft front yard set back. Chuck seconded and the motion passed
4-0. The owner would prefer a larger
garage/storage structure and will submit a modified application with a 10ft
front yard set back. This will require a
variance, a new mailing to neighboring property owners, a new public hearing
followed by a 30-day comment period as well as a County variance.
AMBRIFI 7/34 (44301 O’ Rorey’s Roost): Phase I New Home Construction
permit application. Written comments
were received from Bill Moores and Mendocino Coast Properties (MCP). This
application is continued from 5/20/06. Architect Richard Pate presented the
application and explained that the original Phase I proposal is revised to
eliminate the need for an east side yard set back variance. The leach field has been shifted 6ft south
which allows the building envelope to be extended south by the same distance
and the east set back readjusted to 16ft from the shared property line with
7/35 (MCP). Bill Moores wants the
southern extent of the envelope restricted to mitigate possible view impact on
7/35, which is currently in escrow. The
request was noted, however, the Committee can only deal with the owner of record,
not potential future owners. MCP does
not object to the application. Gordon
moved to approve the application as presented.
Chuck seconded and the motion passed 4-0.
McCormick 1/029 (14870 Navarro Way): Phase I New Home Construction permit application. Written comments were received from Bill
Moores (1/090), Thompson (1/030), Rasch (1/068) and
Morey (1/065). Designer Paul Styskal
presented the application. He explained
that the bluff top parcel has a steep drop off on the west side which provides
a probable option for a 2 story residence without exceeding the 16ft height
limit above finished grade at street level.
The lot requires a Coastal Development Permit (CDP) which includes a
Point Arena Mountain Beaver (PAMB) study, the results of which could affect the
westerly extent of the building envelope.
In addition, at the time the Thompson house (1/030) was built, a limit
was placed on the western boundary of the building envelope of lots 1/029 and
1/030 in order to preserve views. The
house to the south (Mackie 1/027) is 38ft from the north property line with its
leach field occupying this space, thus potentially precluding expansion in that
direction. Therefore the McCormick
proposed set back from the south property line is 6ft. The Thompson residence (1/030) to the north
is 6ft from the shared line (not 4ft 6in. as described in the application) and
the McCormick’s propose a set back of 19ft 6in.
The septic system has been designed but a permit will be issued only
after a CDP is obtained, as stated in a letter from the County Department of
Public Health dated 7/6/06. Morey (1/065) and Rasch
(1/068) both expressed concerns about the effect of the project on their view
corridors and object to any height or set back variances. .”
Neither Bill Moores nor the Thompsons object
to the proposed envelope. Gordon stated
that the north set back must be 22ft in order to maintain the 28ft building
separation. Nik
explained that building height must be measured from the mean natural grade
within the building envelope, not from finished grade at street level, and that
a height over 16ft. requires a variance.
A variance may be granted to “. . . overcome practical difficulties,
avoid unnecessary expense or prevent unnecessary hardships .
. He also wants to ensure that the Mackies
have full knowledge and understanding that the proposed 6ft south set back will
limit their option to expand north to the 22ft line in the form of a notarized
letter of agreement. Until such time as
that letter of agreement is received, a 14ft set back can be approved. Gordon moved to approve the application with
a north set back of 22ft and the south set back of 14ft. Chuck seconded and the motion passed
4-0.
AMERIGIAN 4/45 (15901 Forest View Rd.): Phase I Major Exterior Modification permit
application for the construction of an addition. No comments were received. Architect Richard Perkins presented the
application. He explained the proposal
as a 16ft addition with a garage, bedroom and studio. The 32ft building separation and 20ft height
limit will be observed. Al Thompson
reminded the ADC that this project is a revision to a previously approved
project. Since a building envelope had
already been established for this addition in 2001, Nik
questioned the need for an additional Phase II hearing. Gordon moved to approve the entire project as
submitted subject to the mailing of a letter explaining the approval to
property owners in a 300ft radius and the completion of a 30-day comment
period. If no objections are received,
the application is approved. Brian
Carter seconded the motion which passed 4-0.
MCCONNELL 1/034 (14820 Navarro Way): Phase I New Home Construction permit
application. Written comments were
received from Bill Moores (1/070), Heinzer (1/067),
O’Connell (1/061) and Rasch (1/068). Architect Phil Roberts presented the
application. He explained that the
property has unrestricted views to the south and west. The buildable area
on the western portion of the lot is restricted by the steep slope, septic
system requirements and the presence of the Point Arena Mountain Beaver. The eastern building area is also restricted
by the septic system. The proposed north
set back is 6ft and the south set back varies from 16 to 19ft. The 28ft building separation will be
maintained between Barlow (1/033) to the south and Kelada
(1/035) to the north. There may be some
view impact from one window in the Kelada
kitchen. The roof line will be kept in
line with the neighboring houses.
Drainage from the house and road will be collected and directed into an
engineered drainage system to prevent bluff erosion. No height or set back variances are being
requested. Bill Moores suggested moving
the envelope 4ft north. O’Connell is located further to the east on Highway One
and their view to the southwest should not be affected. Rasch objects to
any side yard or height variance. Heinzer’s concern about drainage is addressed in the water
disposal statement. The septic system
was designed in the early 90’s and has been updated, although a permit will not
be issued by the County until the CDP is approved. Nik explained that
a notarized letter of agreement from Kelada is needed
stating his non-objection to the proposed 6ft north set back and agreeing to
maintain the 28ft building separation.
If Kelada does not agree, a variance can be
pursued. Gordon moved to approve the
application with a 14ft north set back until a notarized letter of agreement is
received from Kelada, at which time the set back will
be moved to 6ft. Chuck seconded the
motion which passed 4-0.
COMMUNICATIONS:
WHITAKER (15461 Forest View Rd.): 5/26/06
Letter regarding the
ADC written procedures on view corridors. (See Minutes of 5/20/06 “Communications: Whitaker.) Nik explained that,
after review, the Committee agrees with Mr. Whitaker that it is inappropriate
to require applicants to consider the impact on their own view corridors as a
result of future downstream construction.
The Committee will continue to practice due diligence by informing applicants
that views may be affected by future construction in the neighborhood.
RAPELJE 1/003 (15400 S. Hwy. 1): 5/25/06 Request for information regarding
ADC authority over IBIC property, particularly in regard to beach road
maintenance and/or repairs. The
ADC has been advised by the IBIC Board of Directors that IBIC properties are
not governed by the Irish Beach CC&Rs and
therefore the Committee has no authority over them.
RAPELJE 1/003 (15400 S. Hwy. 1): 6/20/06
Letter requesting an extension of New Home Construction Provisional
permit 0605-1003 to 9/1/07 due to CDP related delays. The current permit expired on 6/26/06. Gordon
moved to extend the Provisional Permit to 7/1/07. Chuck
moved to second the motion which passed 4-0.
COOK 1/031 (14850 Navarro Way): Issue of deck repairs that may require a
permit. After
review, the Committee finds that the deck repairs comply with the description
of the repairs approved on 5/21/05.
GLASSBURN 1/106 (15251 Irish Beach Dr.): 6/15/06
Notification of intent to replace the roof with 40 year Elk brand
shingles, Ashford Domain style in brown castle color. The Committee approved
the color and no permit is required.
DROLET 1/107 (15225 Irish Beach Dr.): 5/18/06 Receipt of notification of
intent to paint his home and request for approval of the color “Durango”, made by Pratt &
Lambert. A paint sample was included. The Committee approved the color and no
permit is required.
CARTER 3/26 (14555 Cypress Pt. Rd): 7/12/06
Notification of
intent to replace the roof when the approved addition is constructed. No
additional permit is required.
RUSH 3/51 (43751 Cypress Pkwy.): 7/5/06 Receipt of notification of intent
to replace the southern third of the deck with no change to the dimensions or
profile. No permit
is required. Any change to the
dimensions or profile of the deck requires a permit.
LISTER 3/64 (43651 Sea Cypress Dr.): Notification of intent to replace the roof,
re-paint trim with no color change and other minor repairs. No permit is required.
REIDENBACH 4/27 (15671 Forest View Dr.): Issue of underground propane tank installed
without a permit. The
Committee will request an after the fact permit application but will not impose
the triple fee because no request to cease construction was made. (See
“Unfinished Business: Non-permitted Construction” below.)
MCPEAK 4/38 (15741 Forest View Dr.): Oral request for approval of new house
color. The
Committee approved the color and no permit is required.
MOULTHROP 4/60 (15470 Forest View Dr.): 6/20/06 Receipt of revised
application for a Minor Exterior
Improvement permit for a driveway, garbage enclosure and screening fence. The driveway has already been installed. The item will be placed on the September
agenda for a hearing. Chuck explained that the
Committee members talked to Mr. Moulthrop on the way
to the meeting, as he was installing the non-permitted fence to screen the
non-permitted driveway and garbage enclosure.
After discussion, the Committee and Mr. Moulthrop
agreed that he can finish the fence construction, build the proposed garbage
enclosure which will be behind the fence, and pay the triple fee for an after
the fact permit.
FROMWILLER 4/68 (15700 Forest View Rd.): 6/19/06 Receipt of email notification that
a tree was cut down on a neighboring property and the limbs left in her
yard. Steve Whitaker
will look into a rumor that the trimming was done at the behest of the Irish
Beach Water District and report back to the Ms. Fromwiller.
UNFINISHED BUSINESS
Non-permitted Construction: Chuck
explained that since the 4/15/06
meeting the Committee has sought legal council regarding options for addressing
non-permitted construction. When a
property owner does not respond to an ADC request to cease construction it is
possible to seek a 21 day Temporary Restraining Order (TRO) through the
Superior Court system. Attorney’s fees
for the filing are approximately $5,000.
If no resolution is reached between the parties in the 21 day period,
the next option is to go to trial at considerably greater cost. In order for the ADC to prevail in court, it
must act very quickly after the non-approved construction has
begun. In light of this, the Committee
believes that it is in the best interest of Irish Beach and the ADC to not pursue the Hunolt,
Trathen and Gmeiner permit
status items through the courts and the items shall be removed from the agenda.
Going forward, the Committee will seek to immediately give oral notice to stop
the non-permitted construction, followed immediately by a written notice.
HUNOLT 7/11 (44500 O’Rorey’s Place): No reply has
been received to ADC letter of 9/18/04 regarding excavation on property. See “Non-permitted Construction” above.
GMEINER 7/23 (44370 O’Rorey’s Roost): Permit status. No response has been received from ADC letter
dated 1/20/06. (See minutes 1/21/06) See “Non-permitted Construction” above.
TRATHEN 7/26 & 27
(44400 & 44410 O’Rorey’s Roost): Issue of non-permitted split rail
fence. No response has been received to ADC letter dated 12/8/05. (See minutes 5/21/05 and 1/21/06) See “Non-permitted Construction” above.
TRATHEN 7/26 (44400 O’Rorey’s Roost): Verification of foundation
location and non-permitted construction of a fence or retaining wall. No
response has been received to ADC letter dated 12/8/05. (See minutes 1/21/06) See “Non-permitted Construction” above.
GMEINER 7/33 (44421 O’Rorey’s Roost): Issue of trees. (See minutes 1/21/06) A request for mediation has been received
from William Moores. Mr.
Moores must provide the Committee with documentation of his attempt(s) to
resolve the matter with Gmeiner, such as letters,
emails, phone logs etc.
ADJOURNMENT/NEXT MEETING
Chuck moved to adjourn the meeting at 2:45PM. Gordon
seconded and the motion passed 4-0
The next meeting is scheduled for September 16, 2006 beginning at 10:00AM