Open
meeting beginning at 10:00am at the Rex Dunning
Firehouse, 15401 Forest View Drive.
CALL TO ORDER
Chairperson
Leon
Drolet called the meeting to order at 10:10AM. He introduced Committee members Nik Epanchin
and John McGehee. Gordon Moores and Walt Rush were absent.
Others present: Benita Allred, John L. Allred, Karen Bailey,
Carol Cleland, Kit Cleland, Bruce Cohen, Nancy Epanchin, Dan Glenn, Gary Heitz,
Ginny Heitz, Michael Levanthal, Dan Moore, Marsha Moore, Betty Munson, George
Munson, Todd Newberger, Phil Roberts, Jay Schmuecker, Al Thompson, Loretta A.
Thompson, Lu Vickery, Ramona Vipperman Steve Whitaker and Su Whitaker.
APPROVE
MINUTES/TREASURER’S REPORT:
Approve
minutes of: 7/21/07 John McGehee moved to approve
the minutes as written. Nik Epanchin seconded the motion,
which passed 2-0 and Leon Drolet abstained.
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.
HEITZ 4/56 (15370 Forest View Road): Major Exterior Projects
application for an addition. No comments
were received. Gary Heitz presented
the application. The project proposes a
16x20ft addition on the east side of the existing house. The roofline will match that of the garage
and the siding, roofing and color will match that of the existing house. Water run off from the new structure will go
into the existing French drains. The
addition does not impede any views. Nik
moved to approve the application. John
seconded and the motion passed 3-0.
VIPPERMAN/COHEN 1/C (14756 Navarro Way): New Home Construction Phase I
application. Comments were received from
William Moores (1/045), Gudeman (1/997) and Martin/Hull (1/42). Architect Michael Levanthal presented the
application. Mr. Levanthal submitted a
revised site plan with a correction to the east property line. The original two-story house, which burned
down ten years ago, was built prior to the current CC&Rs, which restrict
the height to 16ft above mean natural grade.
The owners hope to replace it with house that is larger but more spread
out. The owners submitted a letter of
explanation at the meeting. The property
is severely restricted by the steep topography.
The existing septic system is in the southeast corner of the property
and they are awaiting plans from the sanitarian for the secondary field. They have septic approval is for a
three bedroom house but may have to go to a four bedroom system to comply with
County requirements. This may
necessitate reconfiguring the driveway.
Nik explained that future drawings must indicate the distances from
neighboring structures. The owners
intend to ask for a height variance and the amount of the variance must be
added to the side yard set backs.
(During the pre-public meeting site visit, Nik advised Mr. Levanthal and
Cohen and Ms. Vipperman that the side yard set backs in unit one are 14ft, not
6ft as indicated on the 1/996 drawings.
This set back must be increased by the approved height variance above
16ft and any deviations from this will require a comprehensive written
explanation thoroughly presenting all the reasons as well as the various design
alternatives considered for requesting a deviation. This statement was reiterated during the
course of the meeting’s presentation).
The Committee explained that while a complete Phase I and II package was
submitted, only the documents related to Phase I were mailed out: the building
site, view corridor map, site narrative and drainage statement. The CC&Rs state that a height variance in
unit one shall not exceed one and one half stories as per CC&R 5.4 or 19ft
6 inches established for the Rapelje project (1/003). Melinda Martin (1/42) stated that the view
corridor map does not correctly describe the panoramic ocean from her
house. The view corridor sketch was
redlined and initialed by Ms. Martin and will be included in the property
file. Leon
explained that in order to obtain a height variance, the applicant must prove
to the Committee that it is required to overcome hardship or to retain the view
corridor of other properties. (CC&R
5.4) Al Thompson explained that the
original CC&Rs allowed two story houses on these lots (1/0, 1/997 and
1/998). When the
CC&Rs were revised in 1998 that designation was not considered or specified
since two story homes already existed on these lots. In his opinion the 16ft limit does not fit on
these properties and the Committee should consider the history. A written comment from Gudeman (1/997) expressed
two concerns: the effect of the proposed house on their privacy and heavy
construction traffic and parking. They
request that a green barrier or screening between the two homes be included in
the final plans and that construction equipment remain on site and no parking
be allowed in their shared driveway during construction. The written comment from William Moores
stated that he could not determine the effect of the structure until the Phase
II story poles are in place. Nik
Epanchin moved to accept the building envelope as presented on the revised site
plan with the considerations given and with the understanding that subsequent
site plans will indicate the distances from neighboring structures. John seconded and the motion passed 3-0.
MCCONNELL 1/034 (14820 Navarro Way): New Home Construction revised Phase II
application. A comment was received from
William Moores (1/064 and 1/070). Architect Phil Roberts presented the
application. He explained that the
project received Phase II approval from the ADC in January of this year
however; the County has proposed denying the application. The McConnells are appealing to the County
Board
of Supervisors and the appeal will be heard in October. The application has been revised to address
the grading and erosion issues raised by the County by reducing the amount of
material excavated from 200 yards to about 75 yards. This will increase the perimeter height by
1ft. In order to keep the house roof
ridge within the 2ft. 4 inch variance approved in January, the new proposal
lowers the roof pitch to 2.5:12 from 3:12. The ridges heights are the same, the eaves
are raised by 1ft and the footprint of the structure is unchanged. The applicant has submitted a picture of the
story poles as they would look with the revision as well as side-by-side
comparisons of the previous and present cross sections (Sheet A5). Both are posted on the web site. The applicants propose a standard seam metal
roof instead of shingles due to the low pitch and concern about wind damage on
shingles. In a written comment, William
Moores requested that the propane tank be buried or brought to ground
level. Mr. Roberts showed that the
propane tank, as located, will be 5ft below the road level and will not impede
views. The house color will be chestnut
brown and the roof weathered copper. Nik
moved to approve the application as presented.
Leon
seconded and the motion passed 3-0. A
new variance letter for the roofing material and pitch and will be sent to
neighbors within a 300ft radius.
GLENN 4/54 (15320 Forest View Road): New Home Construction Phase I
application. Comments were received from
William Moores (4/52), Graham/Rivas (4/53) and Near
(4/82). Architect
Phil Roberts and owner Dan Glenn presented the application. The lot slopes downward from east to west and
the leach field defines the west line of the building
envelope. The area west of the leach
field is boggier and is needed for the replacement field. The side yard set backs are 16ft and the
Glenn’s are applying for a front yard set back variance. The neighbors to the immediate north,
Graham/Rivas (4/53) submitted written comments expressing their concern about
preserving the ocean view from the southwest area of their deck. Mr. Glenn stated that he spoke with Mr. Rivas
and will work with them to mitigate the view impact. Nik explained that the view is considered
from the primary living area, not the deck, but encourages the two parties to
work together. After speaking with Paula
Deeter of the County Planning Department, Mr. Glenn believes they will be
successful in getting a County approval for the front yard set back. Mr. Near (4/82) submitted a written comment
expressing his concern about the possible effect of additional drainage onto
his property. Mr. Roberts explained that
a more detailed drainage plan will be presented in Phase II and that the gutter
and foundation drainage can be mitigated on site. Steve Whitaker noted that the west side of
the house will be highly visible by neighbors, pedestrians and vehicles and
asked that the design be architecturally interesting. Su Whitaker asked if the house could be
oriented to the southwest in harmony with the Graham/Rivas house. Mr. Roberts replied that it might be possible
but that the lay out of the lots makes it difficult. Nik moved to approve the Phase I application
as presented with the stipulation that the applicant will work with
Graham/Rivas in order to mitigate the view impact to the extent possible. John seconded and the motion passed 3-0. Nik reminded the applicants that if a height
variance is requested in Phase II, the amount of the variance must be added to
the side yard set backs.
COMMUNICATIONS:
COMMENTS ON WEBSITE CHANGES: 8/27/07 A comment was received
from William Moores stating that ADC policies should be downloadable and
printable and that the web site should identify properties with outstanding
CC&R violations. Leon
stated that the purpose of the web site redesign is to make the information
more accessible and he emphasized that the ADC is a service to the
community.
REQUEST FOR INFORMATION: 8/27/07 William Moores requested
information regarding the permits for Murray (4/10), Gmeiner (7/23), Trathen
(7/26) and Ambrifi (7/34). The
request was addressed to the ADC secretary.
All such requests should be made to the Committee chairperson. (See minutes of 1/20/07, pg. 4). Leon
stated that the Committee is considering posting all application documents on
the web site and may start requesting submittal in both electronic and paper
form. Applications will continue to be
mailed to property owners within a 300ft radius. Nik stated that they are also considering
putting permit status information on the web site, identifying the unit, lot
and physical address. The unit 5
CC&Rs will be added to the web site.
Unit 8 is under association rules.
The Committee will also request a copy of the unit 9 and 9A CC&Rs
from William Moores.
McCormick
1/029 (14870 Navarro Way): 8/13/07
Receipt of a
variance request letter. The ADC made a
written request for more detailed information (9/8/07). No response was received.
McCormick
1/029 (14870 Navarro Way): 8/21/07
Letter from Karl and
Diane Taylor (1/066) stating their preference for a pitched roof design instead
of a flat roof in order to minimize the view impact. The comment was forwarded to the McCormicks.
office 1/095 (44001 Noyo Way): 8/2/07 Receipt of a Minor
Exterior Improvement application from William Moores. The application is on hold until all owners
sign off on the proposal and stated such in letters to Wm. Moores dated 7/26/07 and 8/27/07. Wm. Moores has protested the Committee’s
disposition in letters dated 7/30/07 and 8/27/07. In response to the Committee’s disposition,
William Moores stated in writing that he does not need a permit for the
proposed work because Gordon Moores
made improvements in the past without a permit.
The ADC maintains its position that all owners must sign off on the
application. William Moores made the
following written statement (8/27/07):
“I applied in time to have the application approved at the Sept. IBADC
hearing and I will hold off performing the installation until that hearing to
allow time for the committee to decide if it is going to apply equal treatment
and so issue a permit. I will not sign
any permit issued or recognize that one was required until or unless the equal
treatment conditions I have described are applied and implemented.”
PEASE/POLING 2/69 (44850 Pomo Lake Dr.): 9/13/07 Notification of plans to re-stain the
house with no color change. A
permit is not required.
HARPER 3/46 (43661 Cypress Parkway): 8/24/07 ADC letter requesting
information on the status of NHC permit 1005-0346. No response was received.
TIM MURRAY 4/10 (15441 Forest View Rd.): 9/12/07 Receipt of set back, dimension and
height verification signed by Tim Murray, licensed contractor. Mr. Murray also requests approval of a change
in siding from cement panels to cedar shingles and a change in the roofing color
from variegated green to a uniform green. There was a discussion of a policy about
verifications from builder/contractors.
Nik suggested creating a standardized form for the contractor to
complete with the statement that, if requested, verifications will be done in
the presence of the ADC members. The
changes in siding and color are approved.
SIMONEAUX 4/13 (15481 Forest View Road): 7/23/07 Receipt of notification of intent
to replace the redwood shake roof. Ms.
Simoneaux must get approval of the roofing type and color.
AMERIGIAN 4/45 (15901 Forest View Drive): 8/24/07 Receipt of verification by
Mike Suddith of the height per the approved plans.
MCP 4/81 and 4/83 (15698 and 15920 Forest View Rd.) 8/24/07 Copy of letter from Near (4/82)
to Mendocino County Planning Department regarding drainage from the subject
lots onto his lot. Mr.
Near is concerned that the sedge grass removal from the MCP lots will
exacerbate the water problem on his property.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 8/6/07 Notification that MEP
permit 0705-0726 was completed on 8/4/07 and giving the Committee
permission to redline the changes to the approved plans on the existing
drawings. The
Committee has requested that the Trathens redline the IBADC
file drawings.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 9/3/07 Receipt of an email and pictures
from Dyson (7/25) of the side yard and front yard fences. The Dysons sent the pictures because they
believe the fences are not permitted.
The split rail fence at the front of the property is approved. The side fence or trellis existed previously
and is approved.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 9/12/07 Letter from William Moores
protesting the approval of changes to the Trathen project.
AMBRIFI 7/34 (44301 O’Rorey’s Roost): 8/24/07 Receipt of verification signed by Ambrifi of
the height per the approved plans. The
Committee requires that the verification be done by a professional who is
qualified to perform the work. Berton
Garey (7/20) has raised a concern about the height. When the proper verification is received, a
copy will be sent to Mr. Garey.
UNFINISHED BUSINESS
RAPELJE 1/003 (S. Hwy. 1): 9/10/07 Receipt of documentation
pertaining to the requested permit extension.
(See minutes of 7/21/07).
sieber trust 1/059 (14800 S. Hwy 1): The IBADC submitted a formal
complaint to the Mendocino Department of Planning and Building Services on
6/25/07 about the fire hazard and other problems caused by the abandoned
house. Leon
spoke with the County and learned that there will be a minimum six-month wait
to action to be taken. If the house is
found to be unsafe an order will be issued to board it up. Leon
will also send a letter to the Redwood Coast Fire Protection District.
OWNER/BUILDERS: The IBADC has asked several owner/builders in Irish Beach to comment on how to handle owner/builders who intend
to take much longer to complete exterior construction than presently handled by
the CC&Rs and procedures. (See
minutes of 3/17/07 and 5/19/07.) A comment
was received from George Munson. Mr. Munson
stated that the eighteen-month window for construction is not practical for an
owner/builder.
MCP: 10/12/06 ADC letter to MCP requesting
the name of the corporate spokesperson.
The letter was resent on 7/19/07. No response has been
received to date. Another letter will be
sent.
PAD APPROVAL REQUEST: 8/25/07 Receipt of photographs from David
Fisher to supplement his request for approval as a Professional Architectural
Designer in Irish Beach. (See minutes of 7/21/07, pg. 3) There are currently two applications for PAD
approval. Folsom Designs has submitted
both drawings and pictures, however the drawings have been lost. A second set will be requested and the ADC
will pay the expense of copying and postage.
ADJOURNMENT/NEXT MEETING
Leon moved to adjourn at 12:10PM. John seconded
and the motion passed unanimously
The next meeting is scheduled for November 17, 2007.