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<br />1 <br /> <br />Kennedy Scott J. Riggs <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis MN 55402 <br />& <br />Graven (612) 337-9260 telephone <br />(612) 337-9310 fax <br />sriggs@kennedy-graven.com <br />C H A R T E R E D <br /> <br /> <br /> <br />MEMORANDUM <br /> <br /> <br />TO: Honorable Mayor and Council Members of the City of Mounds View <br /> <br />FROM: Scott Riggs, City Attorney <br /> <br />DATE: April 20, 2006 <br /> <br />RE: Amundsen Fence/Retaining Wall Issue <br /> <br />___________________________________________________________________________ <br /> <br />I have reviewed the additional information that was submitted by the Amundsens to the City <br />pertaining to their fence and the location placement of their neighbor’s retaining wall. The <br />information consists of several excerpts of the City Code pertaining to setbacks for buildings, <br />accessory buildings, parking areas and a provision on encroachments. <br /> <br />The information that was submitted does not change my opinion with respect to this matter <br />because the City’s Code provisions that were cited do not appear to be applicable to this situation. <br />There are no provisions in the City Code that require a retaining wall to be set back a certain <br />distance from a lot line or a fence. Since there are not any City Code provisions that address the <br />setback for a retaining wall, City staff has been consistent in permitting retaining walls near <br />property lines in the past in similar types of situations. The City Council can rely on City staff's <br />interpretation of ordinances and past practice. Most cases in Minnesota hold that an administrative <br />interpretation of an ordinance is entitled to deference by the courts. See J.B. Press v. City of <br />Minneapolis, 553 N.W.2d 80, 85 (Minn. Ct. App. 1996). <br /> <br />