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Item No: 7B Meeting Date: August 14, 2006 Type of Business: CB Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: 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 Background: 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 Planning 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 recommended such an amendment for the City Council’s consideration. The City Council considered the first reading of the proposed ordinance on June 12, 2006 which was approved with little discussion. At the June 26 meeting to consider the second reading and adoption of the ordinance, Brian and Valerie Amundsen asked the Council to consider changes which they felt were necessary to address unresolved safety concerns associated with the proposed ordinance. The Council took the Amundsen’s suggested changes under advisement and tabled action on the second reading to allow staff an opportunity to review the suggested changes with the City Attorney and the Planning Commission. Staff met with the City Attorney who suggested the City’s ordinance could stand on its own without incorporating any subsequent changes suggested by the Amundsens. After meeting with the attorney, staff brought the Amundsens’ proposed changes to the Planning Commission for consideration on August 2, 2006. At this meeting, the Planning Commission reviewed each of the proposed changes one by one and determined that no additional revisions were needed or worthy of inclusion.