IRISH BEACH ARCHITECTURAL DESIGN COMMITTEE   (IBADC)

PO Box 245

Manchester, CA  95459

(707) 882-3964    ibadc@ibiclub.com

MINUTES for November 20th, 2004 MEETING

 

Open meeting 1 PM, Irish Beach Firehouse, 15401 Forest View.

 

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, Nik Epanchin and Gordon Moores

 

Others in attendance:  Bettye Winters, William Moores, Al and Loretta Thompson, Walt and Susan Rush, Don and Marilyn Jassowski, Tim Murray, Suzanne and Steve Whitaker, Rick Morton, Patty Day, George and Betsy Munson, Dorothy Engle, and Gene Cady

 

APPROVE MINUTES:

 

Approve minutes of September 18th, 2004: 

Approve minutes of October 16th, 2004:  The minutes were approved with the following correction:

Nik Epanchin moved to approve the September and October minutes as corrected.  The motion was seconded and passed unanimously. 

 

NEW BUSINESS:

 

TREASURER’S REPORT:   7/1/04-9/30/04:   ADC’s checking account showed a balance of $8,203.00 on July 1st, 2004.  Revenue for the quarter was $2,000.00 and expenses totaled $3,308.78 leaving an ending balance of $6826.41.

Nik motioned to approve the report, it was seconded and passed without opposition.

 

WM. MOORES 7/15 (44290 O’Rorey’s’ Roost):  Phase I application for New Home Construction.  William Moores presented his application.  Mr. Moores explained that his proposed house would be 32ft. from the home of Lawrence and Renee Moglia (7/13) but only 29ft. if measured eave to eave.  He explained that the use of the eave to eave measurement to determine distance between structures began after the Moglia home was built.  Prior to that, the 32’ separation was measured house to house.  Al Thompson offered his opinion that the separation should be measured house to house because eaves have a minimal impact on view.  Gordon Moores said he thinks more separation is generally better, in order to preserve overall views.  Mr. Wm. Moores submitted a notice from the County indicating approval of his septic system designed by Carl Rittiman.  The Committee accepted this as fulfilling the septic permit requirement.  Mr. Moores explained that due to the requirements of the septic system and the location of a French drain on the east side of the property, the location of the house is limited to the west side of the lot.  Mr. Moores will be seeking a variance from the County to reduce the backyard set back requirement of 20ft to 6ft.  Mr. Moores is also requesting a 6ft in lieu of a 16ft side setback on north property line, this will affect lot 16, owned by MCP.   He stated that MCP agrees that a future house on lot 16 will be located on the north end of the lot.  Gordon Moores confirmed this statement.  William Moores is seeking ADC approval of his application prior to applying to the County for the variance.  Chuck Conner stated that ADC approval of the application would be contingent upon receipt of a notarized statement from MCP agreeing to the 6ft set back from the north boundary and County approval of the variance request.  Gordon Moores stated that MCP’s non-objection is contingent upon recording the variance in the actual deed, although

 

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 it is currently unknown as to how that can be accomplished.  Nik Epanchin stated his opinion that recording a variance in a grant deed is superior to written, notarized consent and requested information on the procedure.  Regarding drainage, Mr. Moores explained that run off from the west side of the lot will flow into the French drain located  next to the east  property line of lot 13.  He believes the drain on lot 13 is sufficient to handle the run off.  Walt Rush stated that Moglia’s drain is 6’ inside his property line and it runs under a portion of his garage, not as shown on the site map.  Chuck stated that there must be agreement among the neighbors regarding drainage.  Nik suggested that Mr. Moores seek information from the designer of the drain (Mr. David Paoli) to determine if it has sufficient capacity to handle run off from lot 15 and that he seek agreement from Mr. and Mrs. Moglia for the plan.  Mr. Moores agreed to do so.  Steve Whitaker stated that there is a general problem with run off in Irish Beach as more houses are built.  Referring to the written procedures, Chuck Conner stated that ADC found a problem with the submitted topographic map which was done in 2ft contours, not 1ft as required.  ADC questioned the source of the map, as it seems to be from an aerial photograph, not a field survey.  The Committee does not consider an aerial survey as a legitimate topographical survey because of the inherent lack of accuracy.  Mr. Moores agreed to resubmit a site plan of the building envelope with 1ft contours.  ADC also stated that the view corridor analysis is difficult to decipher and is confusing to neighbors.  The locations of some buildings on the site plan are not accurate.  Stock/Hemingway (7/12) submitted a written concern that they will not have room for a detached garage, the committee noted that there are 66 feet between 7/12 and 7/15.  The County will require the 7/12 garage to be set back 20 feet from their east property line, leaving 44 feet for a garage.  The Moglias (7/13) submitted written concerns regarding the proposed septic system, the inadequacy of the drainage plan and of the view corridor analysis and the requested back yard variance.  The Trathens (7/26) submitted a written statement expressing their general disappointment with the quality of the submitted package.  The committee addressed all these issues.

 It was noted that due to an oversight, 2 neighbors (7/33 Mark and Patty Gmeiner & 34 MCP) had not been properly notified of the application hearing and that the views from 7/34 will endure the greatest impact.  Chuck Conner made the following motion:

The Phase I application for New Home Construction on Unit 7 Lot 15 is postponed and will be reconsidered when the following conditions are met:

1.      Receipt of Mendocino County approval to reduce the 20ft backyard setback to 6ft.

2.      Receipt of a notarized statement of non-objection to the north sideyard set back of 6ft from MCP, owner of lot 16, or a copy of the recording of such in the appropriate deeds.

3.      A determination by Mr.Paoli and the concurrence of the Moglias that the drain on the east side of lot 13 will be able to accommodate run off from lot 15.

4.      Receipt of a resurvey of the building envelope with 1ft contour lines.

 

The motion was seconded and passed 4-0.  Gordon Moores abstained. 

 

 

GORDON MOORES 1/095 (44001 Noyo Way)   Application for Minor Exterior Building Permit.  This application is for stairway and deck remodeling of the MCP office.  Gordon Moores presented the application.  He explained that a court order requires him to move the stairs 2ft west and describes the acceptable placement of the easterly newel post in relation to the easterly door jam of the existing front door.  Gordon Moores stated that he will widen the stair case to the west and extend the deck to create a sitting area.  His application also includes the placement of a bulletin board where the existing frame for the old board still exists.  He explained that it will serve the purpose of announcing community events, provide a space for real estate flyers and as a key pick-up spot for renters.  In response to a question from Nik, Mr. Moores stated that a 6ft x 6ft deck area will be added.  In response to a question from Walt Rush, he stated that it is not designed to be handicap accessible.  William Moores raised an objection to the application on the grounds that 1) Gordon had not obtained a permit for the work he had already done on the deck and stairs.  The past non-compliance should be resolved before hearing the new application, 2) the project should be considered a Major Improvement because the cost is substantially more than $8,000 and 3) the bulletin board is a sign and in violation of CC&R section 7.6 limiting the property to three signs.  One sign already exists on the road, the second sign was agreed to at the Oct. 16th, 2004 meeting and the third is on Gordon Moores’ awning.  In the discussion that followed, Bill argued that ADC has no authority to waive the CC&R requirement for obtaining a permit and that the wrong signal is being sent by doing so in this case.  He stated that ADC is rewarding the applicant for not following the permit process.   He further argued that Gordon’s application was incomplete because it did not include the work done previously.  Gordon countered that he had kept the Committee informed of his plans and had originally been told no permit was needed because it was a repair and did not change the profile of the building.  ADC made the following determinations:

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  1. The factor which determines whether a project is a Major or Minor Improvement lies in the nature of the project, not necessarily its cost.  The Committee noted that the replacement of, for example, a deck could easily exceed $8,000.  The relevant factor is a change in the footprint of the building.
  2. Past work done by Gordon has received an after the fact permit. 
  3. After discussion, ADC determined that the sign on the road is on Caltrans property and therefore does not count, the sign approved on Oct. 16th, 2004 is a ‘directional sign’ which also does not count and Gordon’s bulletin board is not a sign if it does not have wording on it, inside or out.  Real estate fliers are not considered signs.  The applicable court order stipulates that 2 signs are allowed on the lot.  Therefore, William and Gordon Moores may each place one (1) sign on the canopy over their respective office entrances. 

Chuck Conners made a motioned to accept the work already done by Gordon and to approve the current application with the following condition as written and signed by both William and Gordon Moores on the original application:  “the easterly extent of the new staircase and planter will be in compliance with the Court Order with regard to the newel post at the base of the new stairs”, and that the bulletin board will have no signage.  Nik seconded the motion and it passed 4-0.  Gordon Moores recused himself.    Nik Epanchin stated that ADC intends to adjust the fee schedule in the near future and substantially increase the fee for after the fact applications.

 

COMMUNICATIONS:

 

ADC RESIGNATION:  Jim Day’s letter of resignation.  Jim Day announced he will be stepping down as ADC Chairman effective at the end of the meeting.  He will resign from the Committee after the January meeting.  Chuck Conner will take the role of Chairman.  The Committee encourages anyone interested in serving to contact ADC. 

 

NEBENZAHL 1/008 (15240 Irish Beach Drive):  9/31/04  Notification of intent to replace deck.  They have been sent a letter of acknowledgement. 

 

BUCKLEY 3/64 (43651 Sea Cypress Drive):  10/11/04  Letter advising ADC of intent to improve trash enclosure.  ADC erroneously sent them a letter stating they needed a permit.  After a complaint from Mr. Buckley and upon review, it is determined no permit is needed.  The Buckley’s will be so informed by letter.

 

WM. MOORES 1/102 (15181 Irish Beach Dr.):  10/18/04  ADC letter advising Mr. Moores that the Phase I application for New Home Construction is not accepted.

 

WM. MOORES 2/41 (43925 Mallo Pass Court):  10/18/04  ADC email advisement of corrections needed before Phase I application for New Home Construction can be heard.

 

ALFRED W. THOMPSON:  10/18/04  Letter expressing disagreement with the ADC decision of Oct. 16 requiring Mr. Roger Bean (4/20) to apply for an after the fact permit for septic installation.  The Committee maintains that excavation and septic system installation is an improvement to the land and is within the jurisdiction of ADC.

 

WM. MOORES 1/095 (office):   (10/19/04) Reply to ADC’s letter of 9/17/04 regarding office stair and deck remodel.  The Committee is hopeful the matter has been resolved.  See “New Business”.

 

VAN CUREN 4/30 (15687 Forest View Drive)  10/25/04  Formal complaint from the Van Curen’s attorney regarding lack of ADC mediation of dispute with Chastain (4/32).  The Van Curen’s attorney states that a letter was sent to ADC in December of 2003 regarding a dispute with the Chastains regarding tree height.  The complaint states that ADC did not fulfill its role in mediating the disagreement, resulting in considerable court costs.  ADC has

 

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no record of a letter from the Van Curens and was unaware of the dispute.  Suzanne Whitaker stated that a previous Irish Beach group had gone to considerable effort to set up a mediation protocol.  Mediation forms are available and the community is encouraged to use ADC to resolve disputes. 

 

MCCORMICK 1/029(14870 Navarro Way): 10/28/04  Request for permit guidelines.  The information has been sent.

 

WM. MOORES 1/095 (44001 Noyo Way)  10/30/04  Letter raising various objections to Gordon Moores office stair and deck remodel project. (See ‘New Business’)  The concerns were addressed under ‘New Business’.

 

MOREALI 2/12 (44801 Pomo Lake Dr.)  11/1/04   Receipt of second notarized letter from Traversa (2/11&13) regarding the placement of the Moreali house.  The Moreali’s will be issued a provisional permit.

 

DROLET 1/107 (15225 Irish Beach Drive):  11/10/04   ADC letter requesting documents showing beginning and ending dates of construction delays. 

 

MACKIE 1/27 (14880 Navarro Way):  11/10/04   ADC resent letter of 9/18/04 regarding permit requirements for propane tank installation. 

 

MURRAY 2/64 (15061 Mallo Pass Dr.): 11/10/04   ADC letter regarding request to divert a water course.  See minutes of 10/16/04. 

 

TRATHEN 7/26 (44400 O’Rorey’s Roost):  11/12/04   Letter raising various objections to Wm. Moores Phase I application for 7/15 (see ‘New Business’).   The concerns are addressed under ‘New Business’.

 

MOGLIA 7/13 (44515 O’Rorey’s Place):  11/13/04  Letter raising various objections to Wm. Moores Phase I application for 7/15 (see ‘New Business’). The concerns are addressed under ‘New Business’.

 

STOCK/HEMINGWAY 7/12 (44501 O’Rorey’s Place):  11/16/04  Letter raising various objections to Wm. Moores Phase I application for 7/15 (see ‘New Business’). The concerns are addressed under ‘New Business’.

 

BURMANIA 3/53 (43781 Cypress Parkway):  11/19/04  Copy of letter to Benz (3/53) regarding tree height.   ADC will write a letter to Benz acknowledging awareness of the issue and reminding them of the CC&R requirements regarding tree height.  A mediation option will be offered.

 

TRUJILLO 3/1 (14770 Cypress Point Road):  11/19/04 Request for extension of New Home Construction permit.  Trujillo’s current permit expires in April 2005.  They have 2 options for extension:  1) provide ADC with documents indicating the duration of any 3rd party delay.  This time will be added to the existing permit. 2) Payment of the $50 fee to extend for 1 year.  This can be done twice.  

 

McCARLEY 3/30 (14780 Cypress Circle):   11/19/04 Withdrawal of application for Minor Exterior Improvement.  (See minutes of 9/18/04)

 

IRISH BEACH IMPROVEMENT CLUB:   11/19/04 Letter regarding drainage.  ADC agrees that drainage is an ongoing issue.

  

 

 

 

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U NFINISHED BUSINESS:

 

MURRAY 2/64 (15061 Mallo Pass Dr.):  9/18/04 Payment of Minor Exterior Improvement fee for after the fact fuel oil tank installation.  ADC will close the permit.

 

BUCKE 4/18 (15601 Forest View Drive):  Issue of whether or not an after the fact permit extension is required.

 

FROMWILLER 4/68 (15700 Forest View Drive):  Issue of whether or not an after the fact permit extension is required.

 

HUNOLT 7/11 (44500 O’Rorey’s Place):   No reply has been received to ADC letter of 9/18/04 regarding excavation on property.

 

Nik motioned to adjourn the meeting at 3:37pm.  The motion was seconded and passed 5-0.

 

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Next IBADC meeting:  Saturday, January 15th, 2004 at 1 PM.   

 

Minutes submitted by Jean Selk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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