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Mounds View Planning Commission April 19, 2006 Regular Meeting Page 4 _______________________________________________________________________ Mrs. Valerie Amundsen stated since they have come to the Planning Commission they have done more research. She indicated they have looked into the code issue regarding structures like this. She did not think there should be setbacks for fences. The purpose of fences is to define property lines and to have them slightly offset does that. She indicated they would recommend that the Planning Commission follow the code they already have in place along with added features. She thought they should look at the structure that has been built to determine if it was in compliance with the code. Mrs. Amundsen thought the City should have the ability to have setbacks and exceptions, and people would request variances on a case-by-case basis before the Planning Commission. She stated by doing this, the City leaves themselves open to all of the things that people come up with and can decide on them individually. She does not imply that retaining walls be allowed on property lines like fences. She stated in the code, anything that is not defined, is defined by the Minnesota Building Code. Mr. Brian Amundsen stated on the Harstad property along County Road H2 where they are doing all of the grading, there was a concern about an extremely high retaining wall built next to a fence. He wondered if the code should have something in it regarding the height of a retaining wall and that there should be a railing installed for liability reasons. Mr. Amundsen stated within the code they have restrictions, which talk about uses that are not allowed. They do have some catch all phrases. Chair Stevenson stated there is not a setback requirement for fences but they cannot be on the property line. He felt this was a good requirement. He felt the way they had the code written regarding fences was correct and that terraces were addressed properly in the code. Commissioner Hegland asked how tall was the retaining wall of the Amundsen’s neighbor. Director Ericson indicated the retaining wall itself is 23 inches or less and the posts are slightly higher than that. The neighbor indicated he would be willing to cut those back to the same height as the wall. Commissioner Scotch thought Mr. Amundsen’s concern was with the liability. She thought it would be the neighbor’s responsibility as long as the Amundsens were in compliance with the code. Chair Stevenson stated he was not willing to setback retaining walls. Commissioner Hegland stated he agreed and thought the property owner of the retaining wall should be able to enjoy their property just like a fence owner. Commissioner Hegland did not think the City should restrict a resident on their property. Mr. Amundsen thought the City was working against their current code regarding retaining walls. The code can be managed however the Council approves it.