Open
meeting beginning at 10:00am at the Irish Beach Firehouse,
15401 Forest View Drive.
CALL TO ORDER
The
meeting was called to order at approximately 10:00AM.
IBADC members present: Committee members Leon Drolet and Gordon
Moores were present. Nik Epanchin and Walt Rush were absent. Gene Cady, an IBIC Board member, and Steve
Whitaker also sat on the Committee with IBIC Board approval. Leon Drolet chaired the meeting.
Others in attendance: Richard Ambrifi, Glenn Coleman, Dan
& Marsha Moore, William Moores, Lisa & Michael Moulthrop, Betsy and
George Munson, David Paoli, Richard Pate, Elizabeth Robards, Patrick and Sharon
Robards, Tom Reidenbach, Shervin Tajbaksh, Al & Loretta Thompson, Suzanne
Whitaker, Bettye and Bob Winters, Bob Yazell.
APPROVE
MINUTES/TREASURER’S REPORT
Approve minutes of 7/15/06: Approval of the 7/15/06
minutes is postponed until the next meeting due to the absence of Committee
members.
Treasurer’s Report: 7/1/06-8/31/06: Jean Selk presented the report. The ADC received $3976.53 in revenue, which
includes $2850.00 in permit application fees, $1,125.00 in refundable
Performance Deposits and $1.53 in interest.
Expenses for the period were $1501.16.
ADC liabilities total $3625.00, the $1000 loan from IBIC and $2625 in
refundable Performance Deposits. Net
assets are $3499.22. Steve Whitaker
moved to accept the report. Gordon
seconded and the motion passed 4-0. The
report will be posted on the web site. Click Here
To View Report
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.
MOULTHROP 4/60 (15470 Forest View Dr.): After the fact Minor Exterior Improvement
application for a driveway, fence and garbage enclosure. One comment regarding the driveway was
received from MCP. MCP
argues that the configuration of the driveway results in cars parked across the
length of the lot which cannot be screened from adjoining lots, as required by
CC&R 5.7. Gordon argued that the
parking area should be contained in one area which can be sufficiently
screened. After discussion, it was
agreed that Leon
will meet with the Moulthrops at their property after the meeting with the goal
of working up a solution that will bring the driveway into compliance with the
CC&Rs.
REIDENBACH 4/27 (15671 Forest View Dr.): After the fact Minor Exterior Improvement
application for an underground propane tank.
No comments were received. In response to a question from Al Thompson,
Gordon explained that the reason a permit is required for a buried propane tank
which poses no view corridor issue, is because the CC&Rs state that all
excavation requires Committee approval.
Gordon moved to approve the application. Steve Whitaker seconded and the motion
passed 4-0.
HUMPHREYS 2/45 (15000 Mallo Pass Dr.): Minor
Exterior Improvement application for a propane tank enclosure. No comments were received. Gene Cady moved to approve the application as
submitted. Steve Whitaker seconded and
the motion passed 4-0.
SCHEAFFER 2/21 (Pomo Lake Dr.): Phase I New Home Construction permit
application. No comments were received. David Paoli presented the application. The buildable area is restricted on the south
portion of the lot by severe slope and a 100ft riparian set back as measured
horizontally from the vegetation associated with the creek, per a botanical
survey. The primary septic field is
aerobic and located on the north end of the lot by the road. The standard replacement field is located
between the primary field and the proposed building envelope. After set backs and septic, the remaining
building envelope is 1300ft2.
A proposed parking area and potential garage site is 6ft from the east
property line, which is shared with Robards (2/22). The Robards’ home is 31ft from the shared
property line. Gordon explained that the
in order to build at the 6ft line the Robards must agree in writing that they
will restrict any future expansion to a 22ft set back in order to maintain the
minimum 28ft building separation for unit 2.
Patrick and Sharon Robards were present and stated that they are not
willing to wave their right to expand to the 14ft set back line. In response to a question, Mr. Paoli said
that he did not know if a deck can be cantilevered into the 100ft set back zone
but that the intention is to not intrude into the area with any structure. The Committee noted that the dimensions of
the building envelope are not indicated on the site plan. Leon
asked that consideration be given to switching the primary and secondary leach
fields in order to save some of the trees at the front, or north, of the
lot. Mr. and Mrs. Robards explained that
their primary view is of the ocean to the northwest, not of the gulch to the
southwest as identified in the view corridor analysis and the proposed location
of the parking area/garage would severely impact that view. In addition, the trees on the north section
of the Schaeffer lot are over the height limit for unit 2 and impacting their
view. They suggested that a more accurate
view corridor analysis be made and an agreement reached regarding the
trees. The Robards observed that the
site plans shows an area for 2 car parking on the south side of the proposed
envelope which would be in direct view of their deck. Steve Whitaker suggested that the Schaeffer’s
consider placing the parking area/garage on the west side of the lot and the
septic tanks on the east to solve the view problem. Steve moved to reject the application as
incomplete. Gordon seconded and the
motion passed 4-0. The Schaeffers must
resubmit the application with a revised view corridor analysis which considers
the Robards’ view to the northwest, a revised site plan which provides the
dimensions of the building envelope and set backs, addresses the issues of the
parking areas and the 6ft north set back.
A copy of the botanical study must also be submitted. Al Thompson asked about the ability to obtain
a variance for the 100ft riparian set back in order to expand the building
envelope. Mr. Paoli explained that the
Schaeffers do not wish to seek a County variance.
DAN AND MARSHA MOORE 7/09 (44520 O’Rorey’s Pl.): Variance application for a front yard set
back of 10ft. This is part of the Phase I Major Exterior Modification permit
application for the construction of a garage.
(See minutes of 7/15/06). No comments were received. Architect Glenn Coleman presented the
application. The applicant is applying
for a front yard, or east, set back variance of 10ft in the northeast corner of
the lot. It will not have a negative
view impact because lots to the east are of higher elevation. In response to a question about whether the
roof line will be maintained, Mr. Coleman stated that the garage roof will be
lower than the existing house. William Moores (7/10) stated the proposed
placement of the garage means that, in order to maintain the 32ft building
separation for unit 7, a house must be built on the west portion of lot 10 and
this will reduce the ocean view from lot 9.
Dan Moore stated it will not be a problem if the future house is placed
enough north so as not to block the ocean view.
Gene Cady moved to accept the variance request. Gordon seconded and the motion passed 4-0. A letter will be mailed to all property
owners within a 300ft radius and a 30 day comment period will begin. If no negative comments are received, the
variance is approved and the application can proceed into Phase II.
AMBRIFI 7/34 (44301 O’
Rorey’s Roost): Phase II New Home Construction permit
application. One written comment was
received from William Moores. Gordon
Moores recused himself and joined the audience.
Architect Richard Pate presented the application. The application proposes a 1700ft2
2 bedroom, 2 bath house with garage that fits within the approved building
envelope and is below the 20ft height limit.
The siding will be Hardi shingle and have a 3 tone color scheme of dark
brown below the belly band, tan above with lighter trim. The roofing will be architectural grade 40
year shingles in dark gray and the windows will bronze or earth tone and not
white. William Moores submitted a
comment requesting that the east portion of the roof be hipped in order to
increase the ocean view from lot 7/35, owned by MCP. The comment includes a
sketch of a proposed house on lot 35, although no application has been
made. In answer to a question from Leon
Wm. Moores argued that, while MCP is the owner of lot 35, he is a “declarant”
per CC&R 2.1(a) and therefore has an interest in the property. Leon pointed out that the
CC&Rs define a “declarant” as MCP and MCP has stated in writing that it
does not object to the proposed house. (7/13/06) Referring to the house sketch on lot 7/35, Leon asked which rooms would
suffer from a reduced view. A discussion
ensued regarding CC&R 5.1 and who, the Committee or the homeowner, shall
determine if a view is preserved to the “extent practical” and “greatest extent
possible”. In response to Wm. Moore’s
argument that the roof must be stepped per CC&R 5.4, Leon stated that the elevation
change within the foundation perimeter is 5ft 2in and the Committee will not
require a stepped roof. Steve Whitaker
moved to approve the application as presented.
Gene Cady seconded and the motion passed 3-0. Gordon Moores rejoined the Committee.
TAJBAKSH/POWELL 3/13 (14660 Cypress Point Rd.): Phase I New Home Construction permit
application. A written comment was
received from Yazell (3/19). Leon explained that the site
plan that was sent to the neighbors was now inaccurate since the house envelope
location as changed. The original
drawings lacked data since the northeast portion of the lot had not been
surveyed heavy brush and therefore the Phase I application cannot be approved
today. Shervin Tajbaksh, owner and
architect, stated that the survey is now complete. He wants to build on the northeast portion of
the lot and will request a variance for a 6ft east side yard set back. Tonningsen (3/14) has submitted a written
statement agreeing to the 6ft set back and to maintain the 32ft building
separation. Yazell (3/19) was present
and stated that the ocean view from his lot could be impacted if the applicant
builds into the northeast corner and suggested they visit the site with a tape
measure to determine the 32ft separation. Gordon observed that because of the
steep slope he will be concerned about keeping the house within the height
limit. He would also like to see the
driveway configured in such a way as to screen the parking from lot 3/12 to the
west. Leon questioned the septic plan
which shows some leach lines running across the contour lines. Mr. Tajbaksh said the septic plan is
professionally designed and approved by the County. Gordon suggested that the septic system could
be redesigned if necessary to provide flexibility in building and driveway placement. The complete site plan will be mailed to
neighbors within a 300ft radius and the Phase I application will be heard in
November.
COMMUNICATIONS:
ALLRED 1/050 (14720 S. Hwy. 1): 7/30/06
Notification of intent to replace siding and other improvements.
BUTERA 2/07 (44881 Arena Circle): 8/10/06 Request for extension of Provisional Permit
due to 3rd party delays. Final construction drawings have been
submitted and approved and New Home Construction permit 1105-0207 was
issued. Construction began on 9/13/06,
making an extension to the Provisional Permit unnecessary. The Buteras have 12 months to complete
construction or apply for an extension.
STEPHENS/ALDRICH 2/23 (44821 Pomo Lake Dr.): 8/6/06 Notification of intent to install a new roof
and paint in a dark brown color. The color is approved.
HOEY/WILBEE 2/29 (44961 Pomo Lake Dr.): 7/15/06 Notification of intent to install a
new roof, paint the house and trim with
a color change, replace existing stairs, deck and solarium. The colors are approved.
MURRAY 2/64 (15061 Mallo Pass Dr.): 7/14/06 Notification of a change
to MEM permit 0406-0264. The propane
tank enclosure will be located to the west of the addition. The change is approved and it was noted that
it is an oil tank.
HEMBEL 4/01 (15225 Forest View Rd.): 7/21/06 Notification of landscaping intentions.
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. No response has been received to date. See
“Permit Status” below.
WHITAKER 4/12 (15461 Forest View Rd.): 8/17/06 Notification
of intent to remove two fir trees.
BEAN 4/20 (15621 Forest View Rd.): 8/25/06 ADC letter regarding NHC
permit 0705-0420. The permit expired on 7/23/06 and the garage and driveway locations do not
conform to the approved plans. No
response has been received to date. See
“Permit Status” below.
REIDENBACH 4/27 (15671 Forest View Dr.): 7/25/06 Notification of intent to make minor repairs
and landscape.
HARLEY 4/63 (15550 Forest View Rd.): Receipt of height verification for NHC permit
1005-0463. The
Harleys also notified the ADC of a change in gutter material from copper to
aluminum or steel due to the prohibitive price of copper. The change is approved.
PACKER 4/67 (15640 Forest View Rd.): 7/12/06 Request for construction permit extension of
41 days due to a 3rd party delay.
NHC permit 0601-0467 is extended to 9/30/06.
FROMWILLER 4/68 (15700 Forest View Road): 7/28/06 Notification of completion of MEI permit 0506-0468
for a driveway apron.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 8/25/06 ADC letter regarding the non-conforming
garage deck under construction. No response has been received to date. See “Permit Status” below.
WM. MOORES: 8/22/06 Written comments regarding the ADC ‘s
disposition regarding the Trathen and Gmeiner issues (see Minutes of 7/15/06, Unfinished Business). See “Permit Status”
below.
PERMIT STATUS: Leon
explained that are 4 construction permits have expired or are otherwise out of
compliance. The ADC is determined to
resolve these issues , with legal action if needed. The 4 permits are for Bean (4/10), Tim Murray
(4/20), Gmeiner (7/23) and Trathen (7/26).
UNFINISHED BUSINESS
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. The
request is rejected because the Guidelines for Mediation were edited by Wm.
Moores on the Mediation Request Form and because of inconsistencies of fact on the application it within the
submittal. Wm. Moores will be asked to
resubmit the request.
OTHER BUSINESS
Al Thompson stated that pine cuttings have been
dumped on lot 1/059, 14800 s. Hwy 1 (Sieber Trust/Fernandez) and it is a
serious fire hazard. It appears to Mr.
Thompson that the cuttings did not originate on that property.
Patrick Robards reported that a large fir tree was
felled across the riparian zone and the pond outflow about 6 months ago and
asked who he should contact for removal.
It was not determined who cut the tree.
ADJOURNMENT/NEXT MEETING
Steve Whitaker moved to
adjourn the meeting at 12:00PM. Gordon seconded and the motion passed 4-0.
The next meeting is scheduled for November 18, 2006 beginning
at 10:00AM