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Item No: 7A Meeting Date: June 26, 2006 Type of Business: PH & CB Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance No. 773, an Ordinance Amending Chapters 1102 and 1103 of the Mounds View Zoning Code Relating to Fences, Retaining Walls and Landscaping Introduction: The City Council asked the Planning Commission to examine the Zoning Code relative to fences, retaining walls and terraces, and to provide a recommendation as to potential Code amendments, if any are deemed appropriate. On April 19, 2006, Staff provided the Commission with detailed information and examples of how other communities define fences, retaining walls and terraces and provided the Commission with a variety of Code excerpts, handouts and requirements from our neighboring nearby communities for reference. Also included for information purposes were photos depicting fences, retaining walls and terraces. The Planning Commission reviewed the sections of Mounds View’s code relating to fences, terraces and retaining walls. As a result of that discussion, staff was directed to prepare an amendment to the Code to define retaining walls and to provide for language that would clarify retaining wall setbacks. At this same meeting, the Commission chose to leave the language pertaining to fences and terraces relatively unchanged. The Planning Commission adopted a resolution on May 17, 2006 which recommends such an amendment for the City Council’s consideration. Discussion: Based upon the direction at the April 19th and May 3rd Planning Commission meetings, staff prepared language that would amend Chapters 1102 and 1103 of the Zoning Code. In addition to adding a definition for “Retaining Walls”, staff suggested adding a definition for “Landscaping”, which is an undefined requirement in Chapter 1103. A final change considered was the addition of a new subdivision articulating “Prohibited Materials” such as barbed wire, razor wire, or fences wired or designed to conduct and emit electrical charges. The City Council considered the first reading of the ordinance on June 12, 2006. One resident asked specific questions about the ordinance and then later suggested a change that would explicitly state that retaining walls and fences have no setback as long as they were not sited directly over a property line. This suggestion has been incorporated into the ordinance and represents the only change from the first reading, which was approved on June 12.