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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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work was begun. Mr. Duvall clarified that Mr. Talley never maintained the <br />concrete of the driveway was ever splayed, but maintained that there was a <br />straight shot of concrete and off to the side was a small triangular area <br />which contained basically what is now proposed- paving bricks and patio <br />blocks. He continued this area may have been grown over or unused and not <br />terribly evident, but he could not verify this one way or the other because he <br />did not anticipate this dispute and did not take observation to that level of <br />detail. He restated that the fundamental question was in regard to the in-kind <br />replacement which was first permitted. He stated it was true the filling in of <br />the area that had pavers with solid concrete was a divergence from the in-kind <br />replacement for which the COA was given. He explained the. issue now is whether <br />brick pavers are substantially different than concrete pavers or whatever was <br />filling in the space before and whether that accumulated material was <br />substantial enough to be accredited as pavement. <br />President Oxian gave his opinion that no one had a COA application for removal <br />of the shrubs and trees, so to him that was a moot point and removal of them <br />would be illegal. He also noted the King-Hendriksens had both agreed the brick <br />material would be better than concrete because the Norway Maple had already <br />been damaged and this tree was not on the property line, so he didn't see how <br />approving this COA was going to hurt anyone and would make parking for 1081 <br />Riverside Drive easier. He further stated anything beyond that would be turned <br />ovor to the, Commission's Legal Counsel and the Commission would not do <br />anything further until the situation was settled. Commissioner Choitz <br />disagreed. She stated tier opinion that the flange was too wide and surely <br />Staff had never approved anything that came up to the driveway ribbon so <br />unsmoothly. Mr. Duvall clarified for Mr. Talley that Commissioner Choitz was <br />referring to the right: angle of the apron at the point at which it connected <br />with the ribbon of the drive. She asked to see what the Staff approved and <br />suggested tabling the application until more details could be given. Mr. <br />Talley stated the apron was not too wide because his tires barely fit on the <br />apron now. Commissioner Choitz inquired if the area had been mud before. <br />President Oxian referred Coiiimissioner Choitz to Mr. Duvall's statement. of Mr. <br />Talley's contention that the previous material was various pavers. Mr. Talley <br />reminded the Commission that although they must give approval for the trees to <br />be removed, the issue is a legal dispute involving boundaries and the owners <br />of 1077 Riverside Drive had done nothing to address that issue. Mr. Talley <br />accused the owners of 1077 Riverside Drive of going around the neighborhood <br />telling people he. had not followed procedure and he assessed this to be <br />harassment. Commissioner Choitz noted how often boundary disputes have been <br />settled peacefully. Mr. Talley noted he had never been involved with anything <br />like this dispute before either. Commissioner Choitz related her belief that <br />the letter Mr. Talley had sent to the King-Hendriksens was outrageous. Mr. <br />Talley disagreed. President Oxian interrupted and asked that one person speak <br />at a time and wait to be recognized by the President. He pointed out the <br />Commission had heard from both parties and now it was time for Commissioners <br />to ask questions. Commissioner Bullene asked the King-Hendriksens if they had <br />any objection to the shrubbery being left as is. Mrs. Hendriksen stated their <br />belief that the shrubberies are theirs and emphasized they did not want <br />anything to happen to them. President- Oxian asked that the Commissioners stick <br />to the issue filed on the COA. Commissioner Bullene inquired if Mr. Talley's <br />intention was to remove the shrubbery and charge the owners of 1077 Riverside <br />Drive. President Oxian stated no one can remove them without a COA. Mr. Talley <br />confirmed lie had no intention of doing so. President Oxian added that was why <br />
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