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Ord 773 Report August 2, 2006 Page 2 Proposed Changes: 1) Setback requirement: Community Development Department "review" for safety and clearance of retaining walls built or replaced next to existing structures. This is related to not making a neighbors fence suddenly non-functional for privacy or safety, and the head room clearance of eaves, electrical wiring or other structure to be compromised as a result of new retaining walls next to homes with overhead electrical or CATV Staff response: It is difficult to envision a situation in which a retaining wall would somehow compromise safety relative to overhead utilities. We presently do not conduct any such “pre-inspection” for fences or accessory buildings and do not see the need to start doing so for proposed retaining walls. As for a retaining wall proposed next to an existing privacy fence, staff remains in opposition to requiring a setback for a retaining wall in these situations. 2) Safety requirement of railing (and or lighting) for retaining walls over two feet high when installed at division of property or in the public easement. The thought here was to prevent the case of litigation because a neighbor builds a wall in the easement and someone walks off it injuring themselves on the neighbors property. We require steps for anything over 10" on a deck to ground, so is it too much to require railing for retaining walls in the public easement? I know the issue Greg Lee has, but check with Scott on City liability if the city builds the retaining wall and the home walks off, or falls off while riding their mower because no railing or safety restraint was built. Staff response: Although it may make sense in some situations, Staff does not support an automatic requirement for railings to be installed with any retaining wall over two feet dividing private property. If the retaining wall is used to support an elevated patio or terrace, a railing would be required if it were elevated 30 inches or more above grade. (Steps are not a requirement for any height deck. What IS required is a railing for decks that are 30 inches or more off the ground.) Regarding retaining walls constructed on public land, it may make sense in some situations to incorporate a railing for safety purposes however staff would be opposed to making this an automatic requirement as there may be situations where a railing would not be necessary or desirable. 3) Max height limits for retaining walls not over four feet in height placed in easement areas, line of sight and curbside relationships. This again related to fences can't be over a certain height in front of the primary building (exception for tuck under garages) Staff Response: The Code already protects against sight-line obstructions at a street corner which would apply equally to a retaining wall. As for other front yard retaining walls, while it is not often the case here in Mounds View, there may be lots which have a steep front yard slope which could be improved by the installation of retaining wall. Benefits of such a wall are erosion control, improved lawn maintenance as well as aesthetics. If the proposed retaining wall does not alter the existing prevailing grade, staff does not feel such a wall would be a problem. If grading were involved, staff would review the plans beforehand to assess impacts. All such walls would need to be on the owners property and not in the right of way, thus a wall would likely be 10 to 20 feet from the roadway.