Laserfiche WebLink
Mounds View City Council April 24, 2006 <br />Regular Meeting Page 27 <br /> <br />Director Ericson stated how the area will be used is the deciding factor to determine what the <br />setback is. He stated if grass is planted, then there is no issue, but if it is a parking pad, it needs a <br />five foot setback. <br /> <br />Mr. Amundsen commented that the property owner has used the space for parking once, and it <br />was brought to the building inspector’s attention at that time, and shortly thereafter the vehicle <br />was removed. He stated the intent was to use it as a parking area. <br /> <br />Councilmember Flaherty asked if one can terrace up to the lot line. Director Ericson stated he <br />would rather not use that term. <br /> <br />Councilmember Thomas stated the code indicates a terrace is a porch area. <br /> <br />Councilmember Flaherty stated that the only need for a retaining wall is because of a change in <br />grade. He stated the change in grade precipitated a retaining wall. He asked what a change in <br />grade means and what is in the code for that. <br /> <br />Director Ericson indicated there is no setback. <br /> <br />Mayor Marty asked if they needed a grading permit for a change in grade. Director Ericson <br />stated there is a threshold below which a permit is not required, and the Public Works department <br />has that discretion. He stated that when the permit was brought forward last year, Public Works <br />indicated that no grading permit was needed because it was not an area of fill substantial enough <br />to require a grading permit. He noted this is not in writing, but he asked the Public Works <br />department to review it and they indicated it was not a problem, and based on that, the <br />Community Development Department issued a permit for the work to proceed based on the fact <br />that it was a retaining wall with associated fill. <br /> <br />MOTION/SECOND: THOMAS/FLAHERTY. To extend the meeting past 10:00 p.m. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />Mayor Marty wondered if the permit was ever changed when the adjacent property owner first <br />came in and initially applied for a permit for a 23 inch fence. Director Ericson stated it does not <br />really matter if it was changed, as the permit was issued for work to proceed, and whether it <br />shows up as a fence or retaining wall is immaterial. He stated the end product is what the City is <br />looking at. <br /> <br />Mayor Marty stated that it has been mentioned that if something is not listed in the code, then it <br />is not allowed. He stated that the City has discovered that there are a number of holes in the code <br />to look into and readdress. He stated that unfortunately for the Amundsens, they discovered the <br />holes for the City due to their situation, and because of that, it would probably be grandfathered <br />in because it has not came up in past. He stated this type of work has been done in different parts <br />of the City, but if it is not listed, that is to protect the City from people bringing in different <br />things.