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Item No: 6A Meeting Date: April 19, 2006 Type of Business: Other City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Review City Code Requirements Relating to Retaining Walls, Terraces and Fences Introduction: On March 15, 2006, Valerie and Brian Amundsen appeared before the Planning Commission seeking relief from what they describe as a liability issue resulting from the action of their neighbor to the east, who installed a two-foot retaining wall and graded the area alongside his garage level with the retaining wall. The Amundsens have a swimming pool in their backyard and because of the increased height on the neighbor’s property, they are concerned about additional risk and liability and sought Planning Commission direction to have the neighbor remove the wall and grading. Staff had indicated that the retaining wall and grading did not violate any City regulation, and after reviewing the situation with the City Attorney, determined that the Amundsens’ six-foot tall fence remained in compliance with the Code. The matter was referred on to the City Council, the next available meeting being March 27, 2006. The Amundsens appeared before the City Council on March 27, 2006 and again on April 3, 2006. While significant discussion on the matter occurred and research was reviewed, the Council took no action in deference to the City Attorney whose opinion was such that neither property was in violation and that the City could not prohibit the neighbor from installing a retaining wall simply because the Amundsens had a swimming pool. The Amundsens disagreed with staff’s interpretation of the Code and suggested that what had been constructed on the neighbor’s property was in fact a “terrace” rather than a retaining wall. (A terrace, similar to a ground level deck or patio, would be required to be set back 2 feet from a property line.) Staff provided the Council with photographic examples of terraces, retaining walls and terraced landscaping. The City Council agreed that the Code may be unclear and that because “terrace” was not defined, perhaps an amendment would be in order. In light of that assessment, the City Council has asked the Planning Commission to review the City Code and provide recommendations relating to retaining walls, terraces and fences, not only from a definitional standpoint but also from a setback standpoint. Should fences and retaining walls be allowed up to the property line (no setback) or should there be a minimum setback requirement, such as two feet?