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Sec. 78-1405. - Nonencroachments. <br /> (a) The following shall not be considered to be encroachments on yard setback requirements: <br /> (5.1) Retaining walls, subject to the following provisions: <br /> a. Retaining walls may be located in all required yards when all of the following conditions are met: <br /> 1. The structure is located at least ten feet from the edge of the traveled roadway; <br /> 2. The structure is not located within a drainage, utility, or other easement, except upon approval in writing <br /> for an encroachment agreement by the city; or similar approval from another regulatory and/or utility <br /> agency; <br /> 3. The structure creates no impacts to drainage direction, rate or volume for adjacent properties. <br /> b. Retaining walls which do not exceed two feet in height above existing grade, which are located within the <br /> property and at least five feet from any property line, and for which the amount of imported fill associated <br /> with the structure does not exceed 20 cubic yards, do not require a building or land alteration permit. <br /> c. Retaining waiis exceeding two feet in height above existing grade or for which the amount of imported fiii <br /> associated with the structure exceeds 20 cubic yards or which are located less than five feet from a property <br /> line, shall require a land alteration permit and upon recommendation of the building inspector may require <br /> city council review or a conditional use permit per the provisions of section 78-967. <br /> d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to <br /> meet the required accessory structure setbacks established for that yard. <br /> (6) In side yards only, no accessory structure shall be closer than ten feet from any side lot line. <br /> (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the standards <br /> listed below. For the purposes of this section, the following definitions shall apply: <br /> Permanent fence. A fence that is installed in a fixed or enduring manner that is not intended for a seasonal <br /> or temporary purpose. <br /> Temporary fence. A fence that is not permanently secured or anchored to the ground by posts or affixed <br /> footings, and is installed and removed on a limited term or seasonal basis such as: snow fences, garden fences, <br /> seasonal recreational fences such as hockey boards; fences installed for safety or access management purposes <br /> for special events; and fences installed for the duration of a construction project such as silt fences, erosion control <br /> bioretention logs, and septic drainfield site protection fences. <br /> Fence height. The measurement from the top of any part of the fence, including posts or other structural <br /> supports, lattice, ornate top design elements, and so forth measured to the existing grade below the fence, as <br /> measured perpendicular to the slope (see Drawing). Exception: Post finials extending above the top of the fence <br /> shall not be deemed as part of the fence for height determination purposes as long as they do not exceed ten <br /> inches in width per finial and do not extend above the top of the fence by more than ten percent of the allowed <br /> maximum fence height at that location. <br /> a. Nonlakeshore/ots. <br /> 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches <br /> above original grade. <br /> 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original <br /> grade. <br /> Melanie Curtis <br /> 5952.249.4627 �mcurtis@ci.orono.mn.us <br /> From: Christine Mattson <br /> Sent: Monday, October 03, 2016 3:50 PM <br /> To: sarah.giel@gmail.com <br /> Cc: 'Todd Montreuil' <todd@boulderimages.com>; Melanie Curtis<MCurtis@ci.orono.mn.us> <br /> Subject: 1225 Dickenson Street/#2016-01183 <br /> 2 <br />