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Minutes of the Regular Meeting of the Historic Preservation Commission Regular Monthly Meeting 7th Floor County Commissioner's 7:30 p.m. Conference Room, County -City Building April 17, 1995 I. Call to Order The meeting was called to order at 7:35 p.m. President Oxian introduced the new Commission Members; Ed Talley, County Council appointee and Adrian Fine, Mayoral appointee. President Oxian asked that a motion be made`to put a time limit on public presentations due to the number of items on the agenda calling for a public hearing. Commissioner Choitz moved a time limit be set of 5 minutes for the aDDlicants Presentation. 5 minutes for anv re�onstrance. and 5 minutes for rebuttal. Commissioner Petrass seconded the motion. The motion Passed unanimouslv. II. Roll Call Members present: Father Richard Bullene, Mrs. Martha Choitz, Mr. Adrian Fine, Mr. John Oxian, Mrs. Janeanne Petrass, Mr. Ed Talley, and Mr. Jerry Weiner. Staff present: Mrs. Aladean DeRose - Legal Counsel, Mr. David Duvall - Director and Ms. Christine Anderson - Administrative Assistant. Members Absent: Mrs. Catherine Hostetler, Mrs. Joann Sporleder (Leave of Absence), and Ms. Jewel Van Dalsen. Also present: Marsha Stevenson, Mary Hendriksen, Dwight King, Marty Murphy, Daniel Bernth, David Betson, Emery J. Barany, Peter Hauser, Carl Littrell. III. Public Hearing A. Certificates of Appropriateness 1. 1077 Riverside Drive -- RSD-LHD -- Landscape President Oxian noted he would move up the owners other item on the agenda under Old Business, so they would only have one presentation. Ms. Anderson read the staff reports. Mrs. Hendriksen gave a presentation to the Commission noting the trimming and removal that had been done to the lilacs, cedar trees, and large evergreen tree that are involved in the boundary dispute between the owners of 1077 and 1081 Riverside Drive. Mrs. Hendriksen noted that both parties agree on the exact location of the property line and that a plant by plant survey had been done as well. This survey showed 8 lilacs and verbinium and one cedar were growing on the boundary line thus the plants were owned jointly. Mrs. Hendriksen explained according to property law, the plants were to be maintained by both parties and neither may remove or harm them without permission of the other. She said each owner may trim their side but cannot damage the plant. Mrs. Hendriksen noted that j.n addition, in Riverside Drive District significant trimming required approval from the Commission. She said Mr. Talley had a COA application on file to trim the plants on the boundary line, but this application was removed from the Commission agenda even though the work had already been done. Mrs. Hendriksen said she had received two letters from the attorney of Mr. Talley and Mr. Geisel which stated no boundary line material would be removed without proper approval. Mrs. Hendriksen related the previous incident involving the driveway of the owners of 1081 RSD. In light of these issues, Mrs. Hendriksen asked for sanctions against Mr. Talley and Mr. Geisel, and additionally asked that guidelines