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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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all discussion on this point was moot because no COA had been filed and Mr. <br />Talley did not intend to do anything without a COA. President Oxian asked that <br />everyone keep the discuss focused on the triangular piece of driveway <br />approach. He saw two choices for the Commissioners- to vote it up or down, or <br />to put the issue into Committee. Commissioner Bullene inquired if Mr.. Talley <br />intended to finish the project even if he did not receive approval for the <br />brick infill. Mr. Talley affirmed he would because it would be very difficult <br />for him to get in and out of the driveway in winter and was afraid he would <br />end up sliding into the hole from the excavation if nothing was done. <br />Commissioner Bullene asked again if Mr. Talley intended to do the work anyway. <br />Mr. Talley stated something had to be put over the area, whether it was a <br />piece of plywood, bricks, or new concrete. <br />Mr. Duvall inquired if there were dimensions for the triangular piece. <br />Commissioner Bullene gave the dimensions as 36" at the sidewalk, 8" at the top <br />of triangle, 24' along the West side, and 26' along the East side or <br />hypotenuse. Mr. Talley noted the top of the flange was 8", the width of a <br />brick and if that was objectionable, they could simply take out one row of <br />brick all the way down. <br />Mrs. Hendriksen clarified she and her husband did not attempt to bring the <br />boundary line dispute to the Commission, but the 'Commission received the <br />letter and she believed somehow in Mr. Talley and Mr. Gei.sel's minds the two <br />issues are intertwined. She explained she simply wanted clarification that the <br />COA does not include the removal of the bushes. Mr. Talley clarified the <br />letter was sent to the Commission to let them know one of the two property <br />owners would be coming to the Commission as early as next month for a COA to <br />remove or trim bushes and shrubbery. Mrs. Hendriksen stated she and tier <br />husband would not come with that proposal. Mr. Talley said if the <br />King-Hendriksens do not then, he would, because there would be items on his <br />property not belonging to him and they would have a legal right to deal with <br />them. Commissioner Petrass said from her experience he did not have that <br />right. She related a dispute with a neighbor regarding an overhanging tree and <br />Code Enforcement Is determination that they could do nothing. Kathy Dempsey of <br />Code Enforcement clarified that the issue is entirely a civil dispute, however <br />if the plantings are overhanging ones property, one may take whatever action <br />one deems appropriate and a court of law would riot find in favor of the <br />adjoining property owner. She added it is common courtesy to give the property <br />owner notification advising them you are going to take action if they do not, <br />but you have the right to trim back overhanging shrubs and trees or whatever <br />crosses your property line. Commissioner Bullene asked how that interplayed <br />with the Historic District. Mr. Talley said you still had to come to the <br />Commission for the COA. Mr. Talley explained the law says if the bushes are on <br />the property or overhanging the property, the property owner can trim or <br />remove them. President Oxian reminded him this was off the subject. Mr. Talley <br />said it kept coming up in discussion, so he wanted to clarify. President Oxian <br />agreed, but said they would have to hear the same arguments if this was <br />brought back to the Commission next month. fie asked that the discussion of the <br />plant material be held off until the COA appl.i.cation was brought before the <br />Commission. He requested that the Commission settle the matter of the <br />triangular driveway approach. <br />Coma-i`ss-i-oner Choitz made a motion that the f. an e be cut down 8" (one row of <br />brick) so tha Ll,u flange came a point where it attached to the apron. She <br />
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