Agenda Packets - 2006/04/10 - Laserfiche WebLink

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Mounds View City Council March 27, 2006 Regular Meeting Page 17 1 said he was going to park a car there, but in fact did. 2 3 Councilmember Thomas if a car is parked there right now. Mr. Amundsen replied there is not, 4 but the homeowner's future intent is clear. 5 6 Councilmember Thomas asked if the issue with the retaining wall is that a car might someday 7 park there in the future, or if it is the retaining wall's existence and the height itself. Mr. 8 Amundsen stated it is the retaining wall's existence and the issue of public safety. He stated he 9 would have to spend significant dollars to fix the fence because of something that occurred due 10 to my neighbor. He stated he should not be obligated to do something because of what his 11 neighbor has done. He needs to do this to project his liability and his liability insurance. 12 13 Councilmember Thomas stated she was not sure that is true. She stated there is not enough 14 information, and is unclear if a violation has occurred. She stated the City does not know what 15 the definition of a retaining wall is, because there is a hole in the Code in regard to this item. 16 17 Councilmember Gunn asked where the neighbor is, as only one side of the story has been 18 presented, and the whole picture is not available. Ms. Amundsen indicated they did not tell the 19 neighbor that they were coming to the City Council with the matter. Mr. Amundsen stated that 20 the neighbor told him get off his property when he asked if the terrace could be reduced. 21 22 Ms. Amundsen commented that the City could have notified the neighbor, and did not feel that it 23 was her responsibility to contact the neighbor. 24 25 Councilmember Stigney asked about the setback for a fence. Director Ericson stated it cannot be 26 on the property line. 27 28 Councilmember Stigney stated Staff needs to look at the information that was provided to see 29 what the next step is. He stated he understands the whole picture, but does not know the 30 resolution and it cannot be resolved tonight. He stated it should be turned over to Staff and legal 31 counsel and readdressed in two weeks. 32 33 Ms. Amundsen stated this would be acceptable. 34 35 City Administrator Ulrich suggested that the matter be brought back in two weeks, and 36 notification of the meeting would be given to the adjacent property owner. 37 38 Mayor Marty stated the worst case scenario would be that the height of the fence could be 39 extended. 40 41 Councilmember Thomas stated she would hate to have the Amundsens make that expense before 42 a decision is made. She stated she does not think it is the Amundsens' responsibility until Staff 43 determines what is going on. 44 45 City Attorney Riggs stated there are not liability issues on the Amundsens' part or on the City