Minutes for October 16th, 2004 MEETING

CALL TO ORDER:

The meeting was called to order at 1:00pm at Irish Beach Firehouse, 15401 Forest View.

IBADC Board members present: Chairman Jim Day, Directors Jim Albert, Chuck Conner and Nik Epanchin. Director Gordon Moores was absent.

Others in attendance: Roger Bean, Sonja Keasberry, Andrew Cordone, Bettye Winters, Bill Moores, Tanya Couch, Cecile Madsen, Lisa Dienar, Alex and Cathy Corey, Al Thompson, Joel Kauffman, Annette Fromwiller, Marsha Bucke, Walt Rush.

APPROVE MINUTES:

Due to a delay in the publishing of the September minutes, approval will be delayed until the November meeting to allow adequate time for comments.

NEW BUSINESS:

KAUFFMAN 3/09 (14660 Cypress Point Road): Minor construction permit application for a deck extension and fence. Joel Kauffman presented his application. He explained that due to the removal of trees and impending construction on lot 10 his hot tub is now exposed. In order to provide privacy from both the road and his neighbor, Mr. Kauffman proposes to extend his deck another 20” to the east property line and build a 5’ high solid fence with an additional foot of trestle on the east and south sides of the hot tub. Because the deck is approximately 2’ high, the fence will have a total height of 8’ from the ground. Mr. Kauffman stated that he does not believe the fence will obstruct the view from lot 10 but is willing to consider alternatives, such as shrubs. Jim Day stated that because the Kauffman house is only 10’ from the property line with lot 10, the deck is already encroaching on his neighbor. The current proposal will only increase the encroachment. Ideally, the hot tub and the deck should be moved west, directly north of the east side of the house, instead of extending east of the house. Mr. Kauffman stated that nothing had been said at the time of the original deck application 2 years ago. Mr. Steve Thompson, IBADC chairman, had approved the Kauffman plans which specifically called for a stand alone hot tub deck, not connected in any fashion to the existing house or deck. As a result, this deck did not require any Mendocino County permits or approvals. Alex Corey, owner of lot 10, stated that he believes the original deck application called for the deck to be 9’ from the property line. Mr. Corey also thinks the proposed fence would be a view corridor problem. Mr. Kauffman withdrew his fence proposal and agreed not build a fence, instead he will plant shrubs or install planter boxes.

BEAN 4/20 (15621 Forest View Drive): Phase I application for new home construction. Roger Bean, property owner and architect presented his Phase I submittal. Mr. Bean explained that the house will be 16’ from each side yard property line and 23’ from the front of the property. He further explained that the septic system has already been installed and permitted by the county and exceeds the county standards for the size of his house. Jim Day stated that Mr. Bean had not obtained the required IBADC permit for the septic work. Mr. Bean replied that 1) the CC&Rs do not require a permit for septic installation and therefore IBADC has no legal grounds for requiring one and, 2) Steve Thompson, a previous IBADC chairman, had given oral approval for the installation and had not required a permit. Mr. Bean stated that the previous secretary, Pam Knudson, had also been present at the conversation. By e-mail of Nov. 17, 2004, Pam Knudson denies having been present at any such meeting. Nothing was put in writing or otherwise documented. Jim Day argued that CC&R section 4.3 clearly states that all improvements require permits and a septic system installation, though not necessarily visible, is definitely an improvement which increases the value of the property. Jim Day advised Mr. Bean that to come into compliance, Mr. Bean should apply for an “after the fact” permit for minor improvements. Mr. Bean expressed his concern that he will be required to pay

1frequent and unexpected fees but agreed to pay the $150.00 minor improvement permit fee noting that he is so doing

under protest. Tanya Couch, one of the owners of lot 21, asked Mr. Bean to identify the future lot 20 view corridor so

that she can avoid planting trees that would block this view. Mr. Bean and Ms. Couch agreed to work together on the issue. Nik Epanchin noted that lots 19 and 21 are reversed on the site plan. He also requested that, for the Phase II presentation, Mr. Bean to provide a more comprehensive drainage narrative. Due to the steepness of the lot, the Committee advised Mr. Bean to consider a stepped foundation and roof line. Mr. Bean stated that, due to health issues, the house needs to be a level, one story structure. He will mitigate the steepness by removing dirt from the garage location and moving it to the front to bring the house and garage to the same level. Nik Epanchin moved to approve the Phase I application as presented. Jim Albert seconded the motion and it was passed unanimously.

WM. MOORES 1/095 (44001 Noyo Way): Submittal for new common Irish Beach office sign. This application is for the Irish Beach office sign located in the parking lot of the office, not the sign visible from Highway 1. The sign will be shared by the separate offices of William and Gordon Moores. A court order requires arbitration if the two parties cannot agree on a sign design. On October 14^th, Gordon submitted a different sign proposal along with a letter stating that although he will not be at the meeting, he has no objection to IBADC being the arbitrator. Bill, who was present, agreed to IBADC arbitration. Bill argued that Gordon’s sign design, due to its 7’ 4” height, will block the view of the garden area that Bill would like to reestablish as a separation between the two offices. In his letter, Gordon argued that Bill’s design calls for the sign so low to the ground that it will be blocked from view when a car parks in front of it. After a brief discussion, the Committee chose Bill Moores’ sign (12” x 100”) and Bill agreed to raise the sign. Bill advised that he did not care whether lettering for his or Gordon’s office was on the top line of the sign. Nik Epanchin moved that the top Bill Moores’ sign design be 42” from the existing grade and that the wording of the sign must be agreed to by both Bill and Gordon Moores. The motion was seconded and passed unanimously. This meeting and the passed motion fulfill the court’s arbitration requirement.

COMMUNICATIONS:

ENGELN 1/011 (15220 Irish Beach Drive): Advised of intention to replace garage door. ADC acknowledged the letter and advised that any change in the profile or dimensions of the structure will require a permit. Color changes require notification of IBADC and submittal of a sample. There were no comments.

GORDON MOORES 1/095 (office): ADC letter to G. Moores regarding office stairs remodel and the G. Moores reply to ADC. ADC prepared yet another letter in an attempt to close this matter.

RAPELJE 1/003 (14500 S. HWY 1): 9/8/04 Letter to ADC advising of updates to Phase II submittal. Nik Epanchin reviewed and analyzed Mr. Rapelje’s unofficial drawing (which accompanied the letter) in regard to mean natural grade and the height of the structure. IBADC does not consider this to be another Phase II application. Mr. Rapelje is also advised that although he may obtain various county permits, construction cannot begin until the published Irish Beach approval process for new home construction as been completed. The Irish Beach approval process may require changes that might in turn need to be vetted again by various government agencies.

W. MOORES 1/102 (15181 Irish Beach Drive): ADC letter advising of required corrections to Phase I submittal. ADC is in receipt of revised project documents.

DROLET 1/107 (15225 Irish Beach Drive): 10/11/04 Letter to ADC advising of intended start date of construction. The Drolets start date is being delayed by various County requirements.

MOREALI 2/12 (44801 Arena Circle): 10/12/04 Notarized letter from Traversa (2/11 & 13) stating he has no

objection to the placement of Moreali’s house. The Committee received a notarized letter from Mr. Traversa but requires a letter from Mr. Traversa specifically stating that he has no objections that the Moreali’s house will be 6 ft from the common property line of lots 12 and 13 and that Mr. Trasersa’s eventual house will be at least 22 ft from the Moreali house.

W MOORES 2/41 (43925 Mallo Pass Court): letter advising of required corrections to Phase II submittal. Mr. Moores has submitted a corrected application.

KUCALA 2/47 (14950 Mallo Pass Drive): 10/7/04: Letter to ADC regarding decision of Sept. 18^th regarding deck.

MURRAY 2/64 (15061 Mallo Pass Dr.): 9/18/04 Letter requesting permission to redirect a drainage ditch on south side of house to accommodate a single car garage. IBADC does not have jurisdiction over water courses. Ms. Murray will be sent a letter advising that she must go through the appropriate governmental agencies and obtain the required permits for the diversion of the seasonal stream on her property. After such permits are obtained, IBADC will consider her garage project.

TRUJILLO 3/01-02 (14770 Cypress Point Road): 9/29/04 ADC letter granting provisional permit subsequent to Phase II approval for new home construction. A final permit will be issued and construction may begin only after final construction drawings are received, reviewed and approved by the Committee. The issue date for the permit is April 17^th, 2004.

KAUFFMAN 3/09 (14660 Cypress Point Rd.): 10/6/04 Letter to ADC regarding set back issues related to the application for new home construction by Corey 3/10. Mr. Kauffman expressed his concern that the privacy and value of his house will be greatly impacted if a two story house is built in lot 10 less that 32’ away from the Kauffman house. Alex Corey, owner of lot 10, stated that they are redesigning the house to try and keep it 16’ feet from the east and west property lines. Chuck Conner noted that the Kauffmans have a ‘For Sale’ sign up and asked what information needs to be given to the real estate agent and potential buyers regarding the ongoing application process of lot 10. Mr. Kauffman agreed that full disclosure must and will be made.

COREY 3/10 (14640 Cypress Point Road): 9/29/04 Letter to ADC regarding the set back issues related to their application for new home construction (see minutes of 8/21/04 and 9/18/04).

MOGLIA 7/13 (44515 O’Rorey’s Place): ADC letter advising that an after the fact permit extension 3 month permit extension application is required to close the permit. Mr. Moglia has indicated verbally that he will pay the extension fee.

BRIDGER 3/63 (43701 Sea Cypress Drive): 9/29/04 ADC letter granting provisional permit subsequent to Phase II approval for new home construction. A final permit will be issued and construction may begin only after final construction drawings are received, reviewed and approved by the Committee. The issue date for the permit is April 17^th, 2004.

BUCKE 4/18 (15601 Forest View Drive): 10/4/04 Reply to IBADC letter of 8/10/04 requesting application for a permit extension. Ms. Bucke replied in writing that the construction was finished by February of 2004, within the required time frame and therefore an extension was not required. Ms. Bucke was also at the meeting and stated that she never received a physical permit from IBADC and she assumed IBADC was keeping track of the time frame. Jim

Day stated that it is incumbent upon the owner to understand the building procedures and inform IBADC when certain building milestones are reached. It was pointed out that exterior work includes driveway paving which Ms. Bucke agreed was done months after the rest of the exterior work was completed. The paving was delayed due to weather conditions. IBADC noted that at a minimum, Ms. Bucke should have so advised the IBADC. IBADC will further investigate whether an extension is still required.

FROMWILLER 4/68 (15700 Forest View Drive): 9/16/04 Reply to IBADC letter of 8/10/04 requesting application for a permit extension. Ms. Fromwiller was present and stated that she was sure her builder had sent a letter to IBADC advising that construction was completed on April 1, 2004 and the septic was approved by the county on 4/16/04. Ms. Fromwiller stated that her exterior work is still not complete but that she does not plan to build all the remaining exterior decks and fences as were indicated in her original application. She stated that the construction is almost complete but she has obtained an extension from the county to delay the paving of her driveway until March 2005. IBADC will further investigate whether an extension is still required.

WM. MOORES 7/15 (44290 O’Rorey’s Roost): 10/8/04 ADC letter advising of needed corrections to Phase I application for new home construction. Mr. Moores has submitted a corrected application.

KAUFFMAN 7A/2 (44650 Pomo Lake Drive): IBADC issuance of permit number 0918-7A02 for minor exterior construction. The signed permit was hand delivered to Joel Kauffman at the meeting. The start date of the permit is September 18^th, 2004 and work must be completed within 6 months.

WOLFE 9A/49 (43600 Sea Cypress Drive): 9/26/04 Letter advising of intention to restain house and clear brush on south side of lot to reduce fire danger. IBADC will send letter of acknowledgement.

Next IBADC meeting: Saturday, November 20^th, 2004 at 1 PM. There will be no meeting in December. The January 2005 meeting will take place on the 15^th.

Minutes submitted by Jean Selk, IBADC Secretary