CALL TO ORDER:
The
meeting was called to order at 1:00pm at the Irish Beach Firehouse, 15401
Forest View Drive.
IBADC Board members
present: Chairman Jim Day, Directors
Jim Albert, Chuck Conner, Nik Epanchin and Gordon Moores.
Others in attendance: Glen Coleman, Marty and Cindy Moreali, Norman and Scotty Kucala,
Joel and Patricia Kauffman, Bettye Winters, Judy Murray, Rick Morton, Stephen
and Suzanne Whitaker, Carl and Lona Poehlmann, Alex and Cathy Corey.
APPROVE MINUTES:
Approve minutes of August
21st, 2004. The minutes were approved 4-0
without comment. (Nik Epanchin abstained.)
NEW BUSINESS:
MOREALI 2/12 (44801
Arena Circle): Phase II building permit application for new
home construction (with
variance request). Architect
Glen Coleman presented the Moreali’s Phase II submittal. Mr. Coleman submitted new documents in
response to the Committee’s concerns with the earlier Phase II application. These include a representation and explanation of the drainage system and a
larger, more easily readable site plan.
Mr. Coleman stated that the neighbor, Traversa (2/13), has agreed to the
building envelope and the 6’ set back from Traversa’s northwest property
line. Coleman explained that the county
required a French drain to carry water to the southwest corner of the lot and
into the drainage ditch on Arena Circle.
Coleman proposes instead to divert the French drain to the southeast
along the boundaries of lots 11 and 13, (both owned by Traversa), and into the
creek. This is acceptable to the county
and Traversa. Coleman explained that
the drain could also collect water from lot 13, if the owner so wished. Coleman showed the location of the house on
the north portion of the lot to take advantage of the view. The design includes an area of flat roof to
be used as a deck. Access to the deck
is via an outside ‘ship’s ladder’ which will be painted black as will all metal
on the house. County code requires that
the deck have a rail. In response to a
question from Gordon Moores, Coleman stated that garbage will be kept in the
garage. Should the Moreali’s wish to
build a garbage enclosure in the future, they will be required to first obtain
a permit. Nik Epanchin motioned to approve the Phase II submittal as presented
with two stipulations: 1) The Moreali’s must provide a notarized statement from
the Traversa’s clearly stating their agreement to Moreali’s 6’ set back and 2) the elapsing of the 30
day comment period for the flat roof variance which ends on September 23rd. The motion was seconded and passed unanimously. The Committee explained that construction
can begin only after final construction drawings have been received and
determined to conform to the Phase II submittal in regard to location and
height of the building. The Committee
also explained that the one year time frame to begin construction starts when
the variance comment period is satisfied.
KAUFFMAN 7A/2 (44650
Pomo Lake Drive) Minor construction permit application for a
deck extension and hot tub installation.
Kauffman explained that he
will extend his deck in order to place a hot tub in a desirable location. The deck is low to the ground and not
noticeable by neighbors. The color will
be weathered gray to match the house.
Mr. Kauffman will also install a 4’x5’ window in his living room. There were no comments. A motion was made to approve the
application. It was seconded and
passed. A permit will be issued.
KUCALA 2/47 (14950
Mallo Pass Drive): Minor Exterior Improvement application for
deck repairs. This is an after the fact application. Mr. Kucala has been required by the
Committee to apply for an after the fact permit for
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modifications made to the
deck of his home, after objections were raised by his neighbor, William Moores
(2/48). Mr. Kucala stated that he had
originally applied for a permit but was informed in writing from ADC that none
was required. The letter he received
had not stated that a permit was required for modifications and he had assumed
the neighbors had been notified of his project. Nik Epanchin explained that the letter from ADC was intended to
give approval for a repair in kind.
Chuck Conner clarified that because the deck is significantly different
now than before, the project was a remodel, not a repair, and therefore requires
a permit. Mr. Kucala explained that the
original deck had picket siding which were 10” apart. He replaced the pickets with solid siding at the same height as
the original deck with the addition of a pipe mounted 10” above the top
board. He noted that pickets must now
have no more than a 4” gap to conform to code.
Glen Coleman spoke representing William Moores. Mr. Coleman stated that the original deck
blocked the view from W. Moores lot and the new deck is higher and further
impedes the view. It was further
argued that CC&R 5.6 does
not allow solid railings and 5.11 requires railings to match existing
material. Jim Day
noted that 5.11 refers to
garages and outbuildings, not decks. Steve Whitaker noted that 5.6 refers to
fences. Mr. Coleman, speaking for W.
Moores, offered that replacing the solid railing with mesh may resolve the issue.
Jim Day explained that the Committee will visit the site after the
meeting to determine the options for a solution amenable to both Kucala and W.
Moores. Nik Epanchin stated that within
the next few months the Committee intends to adjust the permit fee structure to
penalize after the fact permit applications.
Jim Day motioned to table the matter until the field visit. The motion was seconded and passed.
COMMUNICATIONS:
W. MOORES 1/102 (15181
Irish Beach Drive Request for action on Phase I
submittal. William Moores stated in his letter that ADC had
requested corrections to his Phase I submittal, which he then supplied. Nik
Epanchin stated that ADC has no record of any communication or resubmitted materials
and suggested Mr. Moores provide any pertinent documents. ADC will forward comments on the original
submittal to Glen Coleman, Architect.
COOK 1/031 (14850
Navarro Way) IBADC letter sent advising of neighbor’s
(Thompson 1/030) concerns with proposed deck project and requesting that the
Cooks work with the Thompsons in reaching a solution. No response
has been received.
ROBARDS 2/22 (44621
Pomo Lake Drive): Advised of intention to restain house in same
the color. There were no comments. IBADC will send a letter of acknowledgement.
BLEDSOE 2/32 15250 Arena Court) Letter from
William Moores requesting redress of Bledsoe fence project. In
the recent past Mr. Bledsoe removed some trees and brush from his property
which exposed a previously hidden fence.
At the time, Gordon Moores suggested he apply for a permit for the
fence, due to a complaint from his neighbor, William Moores. Bledsoe did apply for a permit, but after
visiting the site, the Committee decided a permit was not needed because the
fence had been there for at least 15 years and did not obstruct the view to any greater degree than had the brush. The Committee did request in writing that
Mr. Bledsoe remove the 2x12 boards along the top of the fence. Glen Coleman, representing W. Moores, asked
what authority the Committee has to waive the CC&Rs and asked for a
reversal of the decision that no permit was needed. Jim Day replied that the permit process is not applicable to a 15
year old fence and that ADC does not want to start down that road. He also noted that the fence is
deteriorating and the issue may naturally dissipate.
W MOORES 2/41 (43925
Mallo Pass Court) Request for action on Phase II submittal. William
Moores stated in his letter that ADC had requested corrections to his Phase I
submittal, which he then supplied. Nik
Epanchin stated that ADC has no record of any communications or resubmitted
materials and suggested Mr. Moores provide any pertinent documents. ADC will forward comments on the original
submittal to Glen Coleman, Architect.
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HUMPHREYS 2/45 (15000
Mallo Pass Drive) Advised of intention to install a new roof
using Elk 50 Year Prestique Plus in the Shakewood color. There
were no comments. IBADC will send a
letter of acknowledgement.
McCARLEY 3/30 (14780
Cypress Circle) IBADC letter requesting a more detailed
application a for minor construction permit.
No response has been received.
DIAL 3/31 (14751 Alta Mesa Road) IBADC letter
sent denying variance request to temporarily place trailer on lot. There
were no comments.
BEHLE 3/55 (43901 Sea Cypress Drive) advised of intention to paint house in the
same the color. There were no comments. IBADC will send a letter of acknowledgement.
WHITAKER 4/16 Letter
received in response to discussion of CC&R Section 5.3c regarding set backs
at the August 21st meeting.
BUCKE 4/18 (15601
Forest View Drive) IBADC letter sent requesting an after the
fact permit extension for new homes under construction. There
has been no response.
HOWLETT 4/28A (15685
Forest View Drive) Advised
of intention to repaint house using different colors. A color sample was
reviewed and approved. IBADC will
notify the Howletts in writing.
LAGERGREN 4/53 (15300
Forest View Road) Receipt of Phase II plans for signatures. The plans
were signed and one set returned to Architect Paul Menard with a letter
advising that construction cannot begin before final construction drawings have
been received and reviewed.
HEITZ 4/56 (15370
Forest View Drive) Advised of intention to re-stain house in same the color. There
were no comments. IBADC will send a
letter of acknowledgement.
FROMWILLER 4/68 (15700
Forest View Drive) IBADC
letter sent requesting an after the fact permit extension application for new
homes under construction. Ms. Fromwiller replied in writing (9/13) that all
exterior work would be completed by September 24th. The nine month completion period for a new
home expired on May 24, 2004. IBADC
will send a follow-up letter.
BLACK 4/78 (15684
Forest View Circle) Advised of intention to replace the shake
roof with 40 year composite and repair or replace in kind all or part of
existing wood decking without change in design, materials, shape, height or
size. A letter if acknowledgement will be sent advising that
any changes to the profile or dimensions of house or deck will require a
permit.
W. MOORES 5/5 Request for
action on the Phase I submittal. Jim Day stated that ADC needs to acquire a
copy of the correct CC&Rs for unit 5 before this submittal can be
reviewed. He also explained that a
previous Committee had not approved the Phase II submittal due to issues with
drainage, septic and the road. The
submittal also was stalled when Committee membership dropped to two
people. ADC will again request G.
Moores and/or Wm Moores to provide copies of the Unit 5 CC&Rs and will only
then continue with the submittal review.
GURNEY 7/1 (44600 Pomo Lake Drive) Advised of
intention to repaint house in the same color.
IBADC will send a letter of
acknowledgement.
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MOGLIA 7/13 (44515 O’Rorey’s Place) Notified of
completion of home. After taking into account construction delays due to
the unearthing of a curtain drain, IBADC has determined that Mr. Moglia
needs to apply for an after the fact 3 month permit extension in order to close
the permit. Mr. Moglia will be advised
of such in writing.
COREY 3/10 (14640
Cypress Point Road) Request for reconsideration of the decision
regarding set backs in their Phase I submittal. At the August 21st
meeting the Committee approved the Phase I submittal with the stipulation that
the Corey’s attempt to reach an agreement with their neighbors in lots 9 and 11
regarding set backs. Alex and Cathy
Corey made a presentation in which they argued that Section 5.3(c) of the CC&Rs
does not apply to their situation because they are next to a lot which contains
a dwelling. They are required to
maintain a 32’ eave to eave separation with their neighbor in lot 9 and therefore
are bound only by the 6’ minimum set back with the boundary of the undeveloped
lot 11. Steve Whitaker stated that he
thought the Committee was reading too much into the CC&Rs and that a
careful and strict reading of the section leads to the conclusion that it would
not apply in the
Corey’s case. A discussion ensued over the appropriate
interpretation of CC&R Section 5.3(c) with the IBADC arguing that all
portions of Section 5 must be read and considered in their entirety. Nik Epanchin argued that if the correct
interpretation is as the Corey’s suggest, there would have to be several more
sections to deal with the 3 possible combinations of lot verses dwelling
configurations. Gordon Moores argued
that the IBADC has the authority to determine the best location of a house for
view corridor considerations and that theoretically the determination could be
40’ from the lot line. No one is guaranteed
a specific set back because there are too many considerations which must be
addressed. Chuck Conner explained that
the Committee is given the authority to waive the set back requirements under
Section 5(d). However, the applicant
must explore all other options, exhaust all other possibilities and explain why
a variance is the only reasonable solution. In addition to the discussion of Section 5.3(c), Joel Kauffman,
owner of 3/9, expressed his concern with keeping the 32’ eave to eave
separation. He explained that his
neighbors in lot 8 have built a 2 story house and he is concerned about being
boxed in if the Coreys also build two stories.
Gordon Moores, owner of lot 11, stated that he would have to build a two
story house on the northwest corner of his lot. In response to a question, he stated that the lot had had a perc
test in the past and that he was ordering a new one. Nik Epanchin requested
that the Coreys prepare a letter to the ADC explaining all the considered
design possibilities making sure to indicate their pros and cons. Such a letter will serve as backup for
variance considerations.
UNRESOLVED ITEMS:
HUNOLT 7/11 (44500
O’Rorey’s Place) Grading and
Excavation on Irish Beach property without IBADC permit. IBADC letter was professionally served on
September 14th. No reply has
been received.
A motion was made at 4:00pm
to adjourn the meeting and move to the Kucala property. The motion was seconded and passed
unanimously.
KUCALA: The Committee members, Norm Kucala, William
Moores and others went to Mr. Kucala’s property to inspect the deck and to
William Moores. With the aid of a step
ladder and an estimation of the floor elevation of a future home on Moores
vacant lot, it was determined that the remodeled deck did impact the view to a
greater degree than the previous deck.
A compromise was eventually reach between W. Moores and Norm Kucala that
Mr. Kucala will remove a triangular portion of the deck starting from the
northwest corner and going 14’ east and south.
ADC requested that Mr. Kucala put tong and groove siding over the
plywood and screen the area under the deck with lattice. Mr. Kuclala stated that he reserves the
right to remove up to a 14’ x 14’ square from the deck and place a fenced
concrete pad at ground level, with stairs, of approximately the same size under
the removed deck section.
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A motion was made to adjourn
the meeting at 5:23pm. The motion was
seconded and passed.
Minutes submitted by Jean
Selk, IBADC Administrator
Next IBADC meeting: Saturday, October 16th , 2004 at
1 PM. (Special meeting)
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