04-08-2019 Council Packet - Laserfiche WebLink

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1 CITY COUNCIL AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: April 8, 2019 TOPIC: Consider 2nd Reading of Ordinance No. 06-19, Amending City Code § 1007 Allowing for Construction of Retaining Walls Greater than 42”in Height. VOTE REQUIRED: Simple Majority INTRODUCTION Staff is requesting City Council consideration to amend City Code § 1007 to allow for retaining walls greater than 42” in height. BACKGROUND City Code §1007.043 (18) regulates the construction of Fences and Walls. This includes the construction of retaining walls. A Zoning Permit is required for construction within all platted areas of the city. §1007.043 (18) (d)(5) currently prohibits retaining walls over 42 inches in height. The state building code has provision for walls greater than 48 inches. This measurement includes any buried section of the wall (footing). Staff is proposing to allow the higher wall height subject to State Building Code provisions. ANALYSIS The proposed amendment includes four changes to current ordinance: 1. Provides a definition for “Retaining Wall” to differentiate from the definition of “Fence” which also includes a wall. 2. Requires a zoning permit throughout the City consistent with current practice regardless of whether the property is platted. The purpose of the zoning permit is to ensure that locational requirements are being met. 3. Provides for review of easement encroachments by the City Engineer rather than Zoning Administrator. The ordinance does allow encroachments in certain instances. These items are generally reviewed by the City Engineer. 4. Requires a Building Permit for walls over 48” in height. The Planning and Zoning Board held a public hearing on March 13, 2019 and recommended approval of the proposed amendment.