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April 1995
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HPC Meeting Minutes 1995
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April 1995
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South Bend HPC
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Minutes
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1001403
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the property owners. Mr. Talley asked that the COA be put into committee. <br />President Oxian replied it already was. He elaborated that this was not a <br />formal meeting due to a lack of a quorum and that he would not put the issue <br />to Committee unless it was put to Committee at the formal hearing. Mr. Talley <br />stated that the owners of 1081 Riverside Drive were under the impression that <br />some of the plantings in question were on their property and they would take <br />whatever legal action they could to stand in the way of the execution of the <br />COA if it is approved. President Oxian inquired of Mrs. Hendriksen what <br />planting were on the property line. Mrs. Hendriksen stated that according to <br />the stakes put up by Mr. Talley's surveyor, the proposed changes were all on <br />the side of 1077 Riverside Drive. She added her understanding at the meeting <br />with the owners of 1081 Riverside Drive was they approved of the changes she <br />had proposed. Mrs. DeRose said it appeared at least two of the proposed items <br />had nothing to do with the property line and the two that possibly could be <br />disputed would be disputed at the owners sufferance. Mrs. DeRose stated if the <br />COA was approved and the owner took the action and the work turned out to be <br />on the neighboring property, it was a private dispute. Mr. Talley said he did <br />not dispute Counsel, but he was under the impression after the November <br />Commission meeting that the Commission had made some strong recommendations <br />requiring 1081 to seek further legal counsel which has resulted in $4,500 fees <br />to date. He reported the owners of 1081 were not advised of any changes to the <br />ruling of the Commission and have incurred additional expenses operating under <br />the impression that no landscaping was to be addressed without both property <br />owners having a survey. Mrs. DeRose indicated even from a reading of the first <br />minutes the point was that any landscape changes by either party required a <br />COA. She added a further refinement of that was that any change of landscaping <br />on a disputed property line would involve a survey or something to resolve the <br />differences of the owners. Mrs. DeRose stated the Commission was trying to <br />tell the property owners that it cannot become involved in property line <br />disputes. Mr. Talley interjected that the Commission had become involved. Mrs. <br />DeRose said the Commissions involvement was only to the extent of saying if <br />the COA involves a property line dispute the owners would need to get their <br />evidence to determine the property line. Mr. Talley agreed and added that 1081 <br />had indeed presented that information as a preliminary survey. Mr. Talley <br />restated the belief that the COA proposal was for plant material involved in <br />the disputed property. Mrs. DeRose said if the Commission approved landscape <br />changes, even on a disputed boundary line, all the COA said was this was a <br />historically appropriate change. Mr. Talley stated the owners of 1081 were <br />mandated to make changes to their COA of November 1994 based upon testimony <br />given by the owners of 1077 Riverside Drive which he believed to be perjured <br />information. He added 1081 Riverside Drive had never been advised of changes <br />made to the directives issued by the Commission. IIe said Counsel's statement <br />that Commission rulings were based upon historical appropriateness was shown <br />to be inaccurate when looking at the requirements made for the COA for 1081 <br />Riverside Drive. He noted that they were required to make changes in their COA <br />based on the property line dispute and alleged damage to trees. Mrs. DeRose <br />questioned if Mr. Talley's proposal had been for the removal of trees or <br />shrubbery. Mr. Talley replied negatively. fie reported due to property line <br />question raised by the owners of 1077 Riverside Drive, the owners of 1081 had <br />a survey done. The surveyor determined there was plant material overhanging or <br />on the property line. Plant material was not addressed in the COA application <br />made by 1081 Riverside Drive, however the owners of 1077 brought up the issue <br />at the Commission meeting and the Commission made a judgment on the COA based <br />on that information. Mr. Talley noted the objection of the owners of 1081 <br />
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