Minutes - 2006/04/24 - Laserfiche WebLink

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Mounds View City Council April 24, 2006 Regular Meeting Page 26 Mr. Amundsen asked Director Ericson if the applicant asked about parking when he showed the space to the City. Director Ericson stated that he may or may not have, but at some point, the setbacks for vehicles were discussed when there was a vehicle was parked at the location. Ms. Amundsen mentioned that their fence goes around the perimeter of the yard, and there is a height limitation on fences in Mounds View. She stated that if she had a retaining wall next to her own fence, the clarification on retaining walls could easily have been to clarify that the fence could not be a certain height. Ms. Amundsen stated the reference does not infer that it is in regard to adjacent properties, and it does not address the setback issue. She stated it was an oversight when the language was added that it was trying to address the fact that high fences are not wanted in the City. She stated that when she built a retaining wall next to their fence, they were told that they need a setback. She stated that somewhere the language has been changed. She stated the code does not think of everything, and the City is doing a disservice to property owners. She stressed the City is called to err on the side of caution and safety, and if the code is not clear, it says it should be more restrictive. Ms. Amundsen stated the City should give people the opportunity to ask for variances. She stated the reality is that all kinds of structures can be built on property and the code cannot list every structure, and that is why code is written in such a way that it is more restrictive than permissive, and that when something is not specifically listed as permissible, it is not allowed. She stressed that this is not just for their case, but for all citizens of Mounds View. Councilmember Flaherty asked what the retaining wall is made of. Mr. Amundsen stated it is made of green treated wood and anchored in cement. He stated it raised the earth approximately two feet from its natural line. He stated it is a retaining wall for new earth, and noted that a truck brought in a full load of grading fill. Councilmember Flaherty confirmed that what caused the retaining wall is the additional fill. Mr. Amundsen stated that is correct. Mrs. Amundsen indicated there was not a grading permit issued. Councilmember Flaherty asked Director Ericson if he talked to the neighbor and what his reaction is. Director Ericson indicated he did not want to speak for the resident, but he believes the resident would say that he constructed what was constructed based on the ability to grade up to where the retaining wall was located. He stated there was some issue over what permit the applicant did apply for, and a fence permit for a 23 inch high fence raised some issues. He noted Staff visited the property and determined that it was not necessarily a fence that was being constructed but a retaining wall with the intent to grade the area flat along the side of garage. He stated that whether the applicant may have been simply leveling the area to clean up debris or remove growth or weeds.