Approved by Committee
January 19, 2008
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 10:16AM. He introduced Committee members Nik Epanchin, John McGehee and Gordon Moores.
Others present: Ricia Aray, Benita Allred, John L. Allred, Bruce Cohen, Kathy Edelbrock, Nancy Epanchin, Michael Levanthal, Fred Seaman, Loretta Thompson, Bettye
Winters, Bob Winters, Steve Whitaker, Su Whitaker and Dean Wolfe.
APPROVE MINUTES/TREASURER’S REPORT:
Approve
minutes of 9/15/07 John
McGehee
moved to approve the minutes as written. Nik Epanchin seconded and the
motion passed 4-0.
Treasurer’s
Report for 7/1/07-9/30/07: Nik moved to approve the report as submitted. Leon
seconded and the motion passed 4-0.
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.
The
Committee proposes the following additions to the existing published
procedures:
ELECTRONIC SUBMITTALS: Add the following to the New Home Construction
and Major Exterior Projects Guidelines:
“A copy of each of the above listed drawings in JPG or PDF format and a
copy of each of the above text documents in DOC, JPG or PDF format,
delivered on a single data CD.” The purpose of the change is to be able to
post all application documents on the web site.
Documents in DOC
format will be accepted for submission purposes and converted to PDF or JPEG
for posting to the web. Nik moved to approve the proposal. John seconded and the motion passed 4-0.
PHOTOCOPY REQUESTS: All photocopy requests must be addressed to
the committee and not the committee secretary. Materials such as part of normal project
mail-outs to owners within 300 ft and other clarifications, which had been
mailed to other Irish Beach property owners will be provided at no expense. There will be a time and material charge for
duplicate copies.
OR
All photocopy requests must be addressed to the
committee and not the committee secretary or individual IBADC members. All
requests for additional materials such as normal project mail-outs (or any
parts thereof) mailed to Property Owners within 300 ft as well as other clarifications
will be provided on a time and material basis. Much of this data can be
downloaded free of charge from the IBADC website.
Leon stated that at the ADC planning meeting, it was
decided that the second proposed policy was preferable.
There
were no comments. Nik
moved to approve the second proposal.
John seconded and the motion passed 4-0.
Location and
Height VERIFICATION Forms: The proposed forms include an agreement by the
owner to reimburse cost should the Committee deem it necessary to hire a
professional surveyor for verification. Most
verifications are currently being done by the
contractor. After a lengthy discussion
that included audience members, it was generally agreed that it is critical for
a house location and height to agree with the approved plans and that a
licensed surveyor’s verification should be required. Nik moved that the ADC
change the New Home Construction and Major Exterior Projects permits to
specifically state that foundation location will be determined by a professional
surveyor prior to pouring of concrete and the height of the building, whether
it’s the top plates or the top of the concrete on which the roof truss rests,
will be verified by a professional surveyor to certified they are within the ADC
approved drawings. Gordon seconded and
the motion passed 4-0.
The above three
proposals will be posted on the web site.
If no negative comments are received within 30 days of posting, the
procedures will take effect. If negative
comments are received, they will be discussed at the 1/18/08 meeting.
ALLRED 1/050 (14720 S. Hwy 1):
Minor Exterior Improvement application for a shed, propane tank and
garbage enclosure. A written comment was
received from William Moores (1/48, 1/56) John Allred presented the application. The Committee members visited the property
and met with the Allreds before the meeting. Subsequently, the Allreds
propose placing the propane tank and garbage enclosure on the southeast corner
of the house instead of on the north property line. The siding will be the same as on the
existing house. During the site visit it
became apparent that the location of the north property line is unclear and
until it is resolved, the proposed shed cannot be approved. William Moores’ written comment concerned the
proposed kit shed. The Allreds agreed to use the house siding to comply with
CC&R 5.11, which states that out buildings shall be similar in construction
to the house. They will submit a revised
proposal for the shed based on an accurate property line location. Gordon moved to approve the location of the
propane tank and garbage enclosure on the south side of the house. John seconded and the motion passed 4-0. The changes were redlined on the
application. Nik
explained that the proposed shed is smaller than the IBADC
definition of a building (150ft2) and therefore may not be subject
to building separation policies. The
Committee will get back to the Allreds with a final
determination. The Allreds
also asked if the kit portion of the proposed shed is acceptable. Gordon stated that he would like to see an
overall plan that indicates where they would put a garage in the future.
VIPPERMAN/COHEN 1/C (14756 Navarro Way): New Home Construction Phase II application
with height, set back and other variances.
A comment and revised view corridor map was received from Martin/Hull
(4/42). Architect
Michael Leventhal presented the application. The Phase I application was heard and
approved on 9/15/07. Mr. Leventhal
explained that the application includes four variances: height, east setback, siding material and
roofing material. He stated that the
height and set back variance requests are driven by the extreme difficulty of
the bluff top lot. The County is
imposing geological and septic conditions on the lot including expansion of the
existing septic system, which further limits the building area. The original house, which burned down, was
almost 29ft high in an area surrounded by two story houses. Due to the difficulties of the site and the
limited building area, they are asking for a height of 19ft (1.5 stories) above
mean natural grade. The mean natural
grade is calculated to be 4ft above the existing and finished grade making the
total height 23ft. The building envelope
that was established in the Phase I hearing is the extent of the possible
building area, which will not accommodate the applicants’
desired house size in one story. They
are asking for a 6ft east side yard set back instead of 14ft plus the amount of
the height variance, due to the limited building area. They believe the adjoining property is unbuildable. The
proposed siding is poured concrete and the roof is copper, both of which
require variances. Mr. Leventhal showed examples of both and stated that the
copper will patina in about five years and they will apply a finish to reduce
the reflection. The poured concrete
building material was chosen for its fire resistance. In response to a question from Leon,
the house plans do not include an indoor sprinkler system for fire suppression. Nik questioned the
way in which the mean natural grade was determined, stating that it must be the
average of the lowest and highest contour measurement of the exterior of the
building foundation. Furthermore, he explained
that under no condition can the mean natural grade contour
lie outside the building foundation perimeter or the building
envelope. Nik
stated that the numbers given for the mean natural grade and elevation do not
match the 1997 topo map and either the map or the
design must be corrected. He stated that
the Committee might have erred in approving the Phase I building envelope
before the County approves a septic system, since that is part of the basis for
establishing the building envelope. Mr. Leventhal explained that Carl Rittiman
is writing a preliminary report to expand the existing three-bedroom system but
cannot produce the final report until there has been twenty inches of
rain. The Committee needs to see more
than a possible septic plan and may be able to work with the preliminary report
and a written statement from Rittiman stating that he
believes the proposed system is viable and will likely be approved by the
County. Leon
stated his concern that the poured concrete exterior will not blend with the
community and asked if they have considered Hardi
plank. He also asked for a copy of the
geological report, which Mr. Leventhal promised to
send. Gordon stated that the only
approved siding materials at this time are wood and Hardi
board and that approval of a new materials may need to
go through a community notification and comment period.
COMMITTEE VACANCY: There
is a vacancy due to the resignation of Walt Rush. Those interested in serving on the Committee
should submit an application no later than 12/31/07. An
application is simply a statement of interest and can be mailed or emailed to
the Committee secretary. Two people have
already sent in applications: Walter Salmen (2/04) of
Ukiah and Brad Dyson (7/25) of Buckley,
Washington. The Committee will interview candidates on
January 17 & 18 and plan to announce their recommendation at the 1/19/08 IBADC
meeting. The Committee will submit their
recommendation to the Irish Beach Improvement Club Board of Directors for
possible appointment at the 1/26/08 IBIC
meeting.
COMMUNICATIONS:
BUTERA 2/07 (44881 Arena Circle): 10/30/07 Notification that the
exterior construction was completed two months ago with the exception of the
driveway, which was delayed for weather related reasons. The Buteras request
a final inspection and closure of NHC permit 1105-0207. The permit is closed.
KUCALA 2/47 (14950 Mallo
Pass Dr.): 11/1/07 Notification of their intention to replace the
roof. The materials and color will match
the existing roof as closely as possible.
A permit is not required.
RODRIGUEZ 2/52 (14951 Mallo
Pass Dr.): 9/14/07
Receipt of a letter from Ms. Urania Gluesing (2/51) stating that she has given Mr. Ernest
Rodriguez permission to store building materials on her vacant lot while he
constructs his house.
RODRIGUEZ 2/52 (14951 Mallo Pass Dr.): 10/19/07 Receipt of
permit extension fee for NHC
permit 0106-0252. This brings the
pre-construction permit current to 1/21/08. Receipt of
final construction drawings. The
drawings were reviewed and signed by the Committee and a construction permit
issued. 11/9/07 Notification of start
date of construction, contact person and contractor (owner).
TAJBAKSH/POWELL 3/13 (14600 Cypress Point Rd.): 9/18/07 Receipt of final construction drawings for NHC permit 0107-0313.
The drawings were reviewed, approved and signed by the Committee
members. The owners must submit the foundation
verification.
MALEK 3/54 (43851 Sea Cypress Parkway): 9/20/07 Notification of intention to replace deck with no
change to its dimensions, profile or footprint.
A permit is not required.
REIDENBACH 4/27 (15671 Forest View Rd.): 10/8/07 Notification of intention to replace the glass in
many windows of their house. A permit is
not required.
HEITZ 4/56 (15370 Forest View Road): 10/12/07 Receipt
of final construction drawings for Major Exterior Projects permit
0907-0456. The Committee subsequently
added a condition to the permit requiring that all exterior lights are brought
into CC&R compliance by being shielded and downcast. The Heitz’s signed
and returned the amended permit.
MOORE, DAN AND MARSHA 7/09 (44520 O’Rorey’s
Roost): 9/15/07 Letter notifying the Committee that they
applied for a 10ft front yard set back variance with the County and a hearing
is scheduled for 9/27/07. The set back
variance for Provisional Permit 0107-0709 was approved by the ADC on 1/20/07. Leon stated that the County did
approve the variance request.
SACKMAN 7/14 (44280 O’Rorey’s Roost): 10/19/07 Receipt of exterior color samples
for the siding, trim, gutters and roof for NHC permit 0706-0714. The colors are approved. The owners must submit the height verification.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 9/18/07
Receipt of an email from Dyson (7/25) addressed to Leon Drolet lodging complaints against
the Committee as a whole and Chairperson Drolet individually for failure to
enforce the CC&Rs due to favoritism and prejudice. A second email was received on 11/13/07.
TRATHEN 7/26 (44400 O’Rorey’s Roost): 9/18/07
Receipt of an email from William Moores addressed to Leon Drolet complaining that he has
not received documents related to the Trathen permit
0705-0726 as previously requested and also complaining of lack of CC&R
enforcement of the same permit. The
arguments regarding CC&R enforcement are essentially the same as Mr. Dysons (see above item).
He is also asking for copies of documents regarding the Trathen permit. The IBADC
believes these are internal documents.
WOLFE 9A/49 0r 3/39 (43600 Sea Cypress Dr.): 11/3/07 Courtesy notification of
landscaping plans. Dean
Wolfe stated that he plans to submit an application for a workshop. The Committee explained that a two phase
application is called for if there is no established building envelope.
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). Mr. Rapelje has not
provided a clear explanation and documentation to validate the request for a
permit extension based on third party delays.
The permit will be extended until July of 2008 with receipt of the $150
fee.
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. The Committee has not received an amended
application.
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 asked the Trathens to redline their copy of the drawings. The Committee has received the necessary
documents and correspondence and decided that the permit is closed. The Trathens did
make redlined changes to the approved plans in September of 2006 per the
Committee’s request. At the same time,
they showed Leon
a photograph taken in 2003 indicating that the contentious trellis/fence on the
east property line existed prior to the start of this project. Following legal advice the Trathens will not make any additional redlined
modifications to the existing drawings as requested, however, they have given
written permission to the Committee to make the changes.
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. Mr. Ambrifi has told the Committee that he will do so.
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.) No progress has been made
but Leon will work on it.
MCP: 10/12/06 ADC letter to MCP requesting
the name of the corporate spokesperson.
The letter was resent on 7/19/07 and another request made
on 10/24/07. A response was received from Margaret Ballou dated 10/30/07 naming both herself and
Gordon Moores as spokespeople. The letter also states that William Moores is
no longer part of MCP.
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)
ADJOURNMENT/NEXT MEETING
Nik moved to adjourn the meeting at 12:10PM. John seconded
and the motion passed unanimously.
The next meeting is scheduled for January 19, 2008.
Submitted by Jean Selk