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President Oxian gave his opinion that if a flange is added to one side, it <br />should be done on the other side. Commissioner Bullene commented it was <br />dependent on right turns and left turns. Marsha Stevenson pointed out it would <br />actually be more advantageous to have the flange the other way. President <br />Oxian clarified the reason he said that was if the flange is only on one side, <br />it looked like you were doing it for spite, but if it was done on both sides, <br />there would be equal reasons for it. Mr. Talley replied one side was already <br />done in concrete and if they put a flange on the other side it would be wider <br />than the curb cut. President Oxian noted they would be turning left to come <br />into the driveway. Mr. Talley replied he backs his car in. President Oxian <br />tried to clarify the direction from which Mr. Talley would be coming and <br />inquired if the reason they were not putting a flange in on the other side is <br />because they were never going to enter the drive from the north. Mr. Talley <br />inquired if President Oxian meant his putting brick in. President Oxian <br />responded affirmatively. Mr. Talley commented there was no reason to put brick <br />in on the other side because no one was disputing the other boundary. <br />Commissioner Bullene asked if the driveway flared on the other side. Mr. <br />Talley replied that it did, but not to the extend that it does on the East <br />side. Mr. Talley noted it wouldn't look like a flare had the ori;inal concrete <br />work been done as intended because there would have been two 90 degree angles <br />where the apron hit the ribbon. Marsha Stevenson requested to speak. She noted <br />she lived in the same block and her opinion was the driveway had not had the <br />large flange and that she was rather surprised when she had seen the forms. <br />Mr. Talley reiterated he had applied for a COA that he had deemed in-kind for <br />the same land mass that was covered in concrete, brick and patio block with <br />one sheet of concrete, and now they were coming back to ask if they could <br />complete the original COA request in brick because they only had two options. <br />He explained to be in compliance with the original COA, they would have to <br />tear up the ramp because the small triangular section would not be <br />structurally sound. The only other option he saw was to complete the project <br />with another material, which they were requesting to be brick. Commissioner <br />Bullene commented there was a third choice which would be to leave it alone <br />and restore the grass. Mr. Talley responded this was not a choice because fie <br />had a letter from the Real Estate Agent indicating the land mass was the same, <br />and the City Engineers Office agreed with that, but could not be that <br />specific. Mr. Talley stated what his neighbors were contesting was already <br />there. Mr. King disagreed. Mr. Talley requested that the Commission refer to <br />his photographs and stated the 4-6 tall bushes evident in the photos were <br />planted two owners ago at .1081 Riverside Drive, and by the measurements from <br />the two hundred dollar survey, were 14" in on the 1081 side of the property <br />line. Mr. Talley further commented that information on the deed from 1077 <br />Riverside Drive, their property line extends 5' toward 1081 Riverside Drive. <br />He had measured this and that was the rope that was visible in the photographs <br />he had supplied to the Commission. He further stated this was not the issue at <br />hand. President Oxian agreed that the only issue before the Commission was the <br />triangular part of the driveway approach. <br />Mr. Duvall confirmed what was being contested was the prior condition and <br />admitted when someone comes in to the Commission office with something as <br />straight forward as an in-kind replacement of a driveway apron, the Staff <br />presumes that it is straight forward and supplies such a Certificate of <br />Appropriateness. He added he had no idea that this was going to become a <br />pointed issue. He assessed the issue in this case was whether the driveway <br />approach had been wider than the straight forward straight out shot before the <br />