May 1995 - Laserfiche WebLink

Home Browse Search

establishing due process for property owners in which a non -owner or co-owner requests a COA be put into place by the Commission. Mrs. Hendriksen said this stems from Mr. Talley's COA to trim the lilacs and the cedar. She explained since she and her husband were the owners or co-owners of these plants, staff approval should not be given, rather the issue should come to the Commission so they (the other party) could voice their concerns at a public hearing. Mrs. Hendriksen asked the Commission for an expedited COA to move the remaining lilacs and erect a fence on the property line beginning at the garage and ending somewhere before their back door. Mrs. DeRose explained the fence issue could not be added on to�the current COA without the specifications of the proposed fence. She suggested the Commission could hold a special meeting to consider the COA after the details of the fence had been submitted. In reference to the co -ownership issue, Mrs. DeRose said that was a legal issue and the Commission was only concerned with the appropriateness or inappropriateness of a proposed COA. President Oxian inquired about approving the removal of the lilacs. Mrs. DeRose indicated the Commission could take action on that issue immediately and that the Commission would make a decision regardless of where the property line lies. Mr. King noted the lilacs are no longer growing on the side of 1081 Riverside Drive because they have been trimmed down to the ground. He inquired if 1081 still had an interest in them. Commissioner Bullene inquired where they intended to move the lilacs. Mrs. Hendriksen replied it would be a few feet onto their property. Commissioner Bullene inquired if there was still a necessity for the fence if the lilacs could be salvaged and they were to be basically in the same location only further into the property of 1077 RSD. Mrs. Hendriksen said it may be years before the lilacs are able to serve as a screen between the properties. President Oxian said a lilac plant could take a lot of abuse and as long as the transplanting was done properly, they would survive. Commissioner Choitz moved the COA for 1077 be approved. Commissioner Bullene seconded the motion. President Oxian explained the motion included the items in the staff report as well as the removal and reolantinz of the lilacs. The motion passed with 7 in favor and 1 abstention. Commissioner Choitz inquired if there could be an immediatemeetingto discuss the issue of a fence at 1077 Riverside Drive. Mrs. DeRose said a special meeting could be held, but three days public notice needed to be given. Commissioner Bullene inquired of Commissioner Talley as the other party who may have an interest in the lilacs if he had any objections to their removal. Commissioner Talley replied he had no objection. Mrs. Hendriksen said the owners of 1077 RSD still had concern for the other two issues they had brought to the Commission which were due process for co-owners of property for which a COA will effect and the issue of the violation of the COA issued for 1081 Riverside Drive involving the driveway. Mrs. Hendriksen said it was too late for these plants that had already been trimmed at her property, but she wanted a policy regarding this type of circumstance for the future. Mrs. DeRose said that was a matter that should be discussed in Committee with the guideline committee from the district and some input from the legal department.