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December 1994
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HPC Meeting Minutes 1994
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December 1994
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South Bend HPC
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Minutes
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and Mr. Geisel linked the approval of the COA with cutting down the bushes and <br />trees, so she was requesting the Commission establish a protective order for <br />the bushes and trees. She pointed out the King-Hendriksens own diligence in <br />conforming with the standards set forth for the Riverside Drive Historic <br />District and reminded the Commission of the possibility of the owners of 1081 <br />Riverside Drive doing something and then seeking approval. She added that once <br />these plantings are gone, they cannot really be replaced. <br />President Oxian noted in the COA the only thing mentioned is, the triangular <br />part of the driveway. Staff concurred. President Oxian clarified in the COA, <br />there was nothing about the removal of any trees, bushes, or any other <br />planting material, so without a COA, Mr. Talley would be violating the <br />Standards and President Oxian, as well as the rest of the Commission would <br />strongly object to that. President Oxian stated Mr. Talley was indeed coming <br />in for the expansion right now, so he really was not putting in the expansion <br />without approval. Mrs. Hendriksen noted the form had already been put in. <br />President Oxian countered that Mr. Talley could put the form in, but that did <br />not mean the Commission considered the work finished, and if the Commission <br />did not accept it, the form would have to come out. President Oxian did concur <br />with Mrs. Hendriksen that this was an amended COA to what Mr. Talley had <br />originally requested.. President Oxian asked for other questions or discussion. <br />Mr. Talley asked to respond to Mrs. Hendriksen. Mr. Talley stated during the <br />time he had owned this property, he had repeatedly pointed out the surveyors <br />stake to the owners of 1077 Riverside Drive that was already extant and the <br />Eastern side of the curb cut and told his neighbors this must be the property <br />line. On the day the forms were going in, Mr. Talley contacted Mrs. Hendriksen <br />to let her know the digging was going on and if she had any problems, the City <br />is who she should deal with. He assessed it was false that she was caught by <br />surprise, because several discussions were held over this matter. He presented <br />the Commission with a letter from the Real Estate Agent who sold the house <br />stating the owners of 1081 Riverside Drive had never tried to broaden the <br />area. Mr. Talley said the land mass in concrete and what they wanted to finish <br />in brick is the same land mass in the driveway as the day they purchased the <br />house. He also noted the City of South Bend Engineers mark off with <br />fluorescent orange paint the boundaries two days before the work begins. He <br />indicated when the forms were put in, the owners of 1077 came to him irate and <br />he called the City Engineer who came to the property the following morning. <br />Mr. Talley disagreed with Mr. Kings statement that they did not stop the <br />pouring of the concrete. Mr. Talley noted the superfluousness of these items <br />though to the current COA application. He clarified because there was a <br />property dispute, he decided to be a good neighbor by not pouring the concrete <br />toward their property until the property was surveyed. He said his neighbors <br />now contend there is a property dispute and the way for them to resolve that <br />was to do the same thing he had done, to get a survey. He continued all he was <br />asking in the current COA was to do what was originally requested to be done <br />in concrete, but because of the dispute, he decided to back it up... Mrs. <br />Hendriksen inquired of Mr. Duvall if he had the original photo showing the <br />ribbon driveway. Mr. Duvall replied the photograph the Commission office has <br />is so small, one had to use a magnifying glass to see details and even then <br />one could not tell very well what the condition was. Mrs. Hendriksen said this <br />question of whether the driveway flanged originally could be resolved with a <br />photograph. <br />
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