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Amundsen Report April 3, 2006 Page 2 Staff responded that “Terrace,” in this context, would be something similar to a patio area, hence its inclusion with decks and the like. Neither terrace nor retaining wall however is defined in the code. In situations such as this, the Section 1102.01 indicates the following: Subd. 5. Whenever a word or term defined hereinafter appears in the text of this Title, its meaning shall be construed as set forth in the definition thereof; other words or terms shall be construed as having their common meaning. I would submit that “retaining wall” has a common meaning, that being “a wall built to support or prevent the advance of earth.” This meaning is consistent with definitions found online. I would further submit that “terrace,” when used as a noun, also has a common meaning, that being of an outdoor, open air seating area. Online resources define a “terrace” as a garden or landscape element where a raised, flat paved or graveled section overlooks a scenic view, providing a transition between the hard materials of the architecture and softer ones of the garden. The Webster’s New World Dictionary defines terrace as a paved area immediately adjacent to a house, usually overlooking a garden or lawn; something comparable to a veranda. Used as an adjective, terrace can mean a type of landscaping or grading, usually appearing as a series of flat, vertically elevating landscaped or paved areas, as in “a terraced hillside.” Another example as an adjective would be of terraced seating, which is a series of level rows of seats, with each ensuing row slightly elevated above the previous, such as in a sports arena or movie theater offering stadium seating. The practice of “terraced” farming is used along mountainsides, where a series of tillable earthen benches are carved from the hillside, serving the dual purpose of utilizing scarce land as well as retaining rainwater and preventing erosion. While it is understandable how confusion may exist, based on the above definitions and upon common meaning, the two-foot tall retaining wall and associated grading cannot be interpreted as a terrace, and thus is not subject to a two-foot setback. Next Steps: The Amundsens have brought to our attention a potential shortcoming in the explicit definitions used in our zoning code relating to retaining walls and terraces. I would recommend that the Council refer this issue back to the Planning Commission for the purpose of resolving any confusion relating to these and other terms and to consider, if necessary, appropriate setbacks for same. It should be noted however that whether or not code amendments are ultimately adopted, such changes could not be applied retroactively and would only apply to such improvements constructed in the future. Staff seeks direction from the Council as to the desired next steps. Respectfully submitted, _____________________ Jim Ericson