02-23-2015 Council Packet - Laserfiche WebLink

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15-3707 February 19,2015 Page 4 The intent of the current code revision in part was to merely reiterate that it is not acceptable to have retaining walls directly abutting the road right-of-way without City approval. The draft text is intended to reinforce the provisions of Chapter 18 that whether the right-of-way is platted or not, the area within 10 feet of the paved traveled road is considered as right-of-way. Staff would suggest that the proposed wording be revised to include a clarification that walls cannot be within a platted or dedicated road right-of-way, and when the platted right-of-way is extremely narrow or is neither platted nor dedicated, walls may not be placed with 10 feet of the traveled roadway. Further, in situations where a narrow platted road corridor results in the traveled roadway directly abutting the property line,the City needs to be able to make use of that 10-foot adjacent area Definition of Retaining Wall. If there is a need to define retaining wall, it would be to distinguish a retaining wall from other types of wa11s. A planter box functions to retain the earth inside it, so it functionally is a retaining wall and should be regulated as such. A wall that is open on both sides likely functions as a fence, and should be regulated as a fence, which we have been doing for decades; a wall or fence greater than 6' in height that is open on both sides need to meet principal structure setbacks. If Council determines that a definition of"retaining wall" is necessary, staff would suggest the following: Retaining Wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Staff Recommendation Staff recommends adoption of the revised draft ordinance attached as Exhibit A. COUNCIL ACTION REQUESTED Staff requests that Council consider the revised draft ordinance and provide staff direction as to any desired revisions. Subject to specific revisions, Council may wish to adopt the ordinance or table for further discussion.