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Mounds View Planning Commission March 15, 2006 Regular Meeting Page 2 ________________________________________________________________________ contacted Community Development staff about their concerns and Community Development Director Ericson responded to them with a letter. He suggested that an option would be to raise their fence, but the Amundsens feel offended since their fence has been there for 15 years and the retaining wall has only been there since last year, so why should they have to bear the cost of a new fence. Chair Stevenson stated that he and his neighbor have this exact same situation and they have never had a problem, although he agreed that someone could go over the fence with retaining wall assistance and asked what the distance from the wall to the fence is. Ms. Amundsen replied two to three inches. Commissioner Miller asked what the purpose of the retaining wall is. She also asked what the fence is made out of. Ms. Amundsen replied the neighbor wants to put a car between his garage and the fence. She added their fence is green treated pine. Commissioner Hegland asked if the landscaping has changed. He also asked if the retaining wall is complete. Ms. Amundsen replied the landscaping has changed but she is unsure if the wall is complete. She added they are also concerned that the neighbor has created a three-inch, two-foot gully that constantly fills with debris and will probably start deteriorating their fence over time. They tried speaking with their neighbor but got nowhere, so they contacted Director Ericson. Commissioner Zwirn asked if their neighbor discussed putting up the wall before it was erected and if so, did the Amundsens address the liability issue at that time. Ms. Amundsen replied they tried to dissuade him from putting up the wall but he was not willing to discuss it. She added they did not discuss liability at that time since it just occurred to them when they received their insurance statement. Mr. Amundsen stated they are here tonight in hopes that the Commission would give direction to the building department to contact the neighbor and have them remove the wall. The wall runs about 30 feet along the entire side of the neighbors garage next to the property line. Director Ericson replied the neighbor cannot concrete the area, but changing the grading is allowed. Commissioner Zwirn asked what the wall is made of and, if wood, is it treated. Mr. Amundsen replied old treated 2 x 6 pieces against 4 x 4 posts, which were removed from the house’s wheelchair access. Fill was brought in from a new home constructed on Pleasant View Drive in order to bring the grade level with the driveway. Commissioner Hegland asked if, as an option, their neighbor were required to construct a six- foot fence along with the retaining wall, would it solve their problem. He also asked if, as another option, they would be interested in the neighbors paying for them to extend their fence. Mr. Amundsen replied the neighbor constructing a fence would solve their problem. He added they are trying to avoid any additional expenses. Ms. Amundsen noted her concern would be that the neighbor uses whatever materials he can find. Commissioner Hull asked if their insurance premiums increased or will increase. Mr. Amundsen replied they have not; however, they have not brought the issue to the insurance company yet because they were hoping to work it out with the City.