02-23-2015 Council Packet - Laserfiche WebLink

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14-3707 February 5,2015 Page 3 (2) Any additional fill brought on site in excess of 500 cubic yards,except for fill required to raise grade for adequate frost footing protection,the intent being that structures shall not be artificially raised above the preexisting surrounding topography. (3) Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. (c)The building inspector shall have the authority to refer any requests for land alteration permits to the city council for review and approval in instances where the land alteration appears to potentially create negative impacts or be not in keeping with the goals and policies of the community management plan. (Code 1984, �10.03(21); Ord.No. 163 2nd series, �2, 12-8-1997; Ord. No. 171 2nd series, �1, 4-4-1998) Interpretation of 78-967: - 78-967(a) defines three exception situations in which a land alteration CUP would not be required. - 78-967(b)then indicates that for these three exception situations, the building inspector must approve the grading plans before issuing the associated building permit; or if there is no building proposed,just grading, a land alteration permit would be issued. - 78-967(b) goes on to state that if any of these three exception situations include"unusual land alterations", a CUP will still be required. "Unusual land alterations"are then defined to be one of three unusual conditions: - excavating foundation more than 12 feet deep and stockpiling the spoils on site -bringing in more than 500 cubic yards of fill - changing grades within 5 feet of a lot line Therefore, since a retaining wall changes grades, if constructed within 5 feet of a lot line, it needs a CUP. We have avoided the need for many CUPs by advising all applicants that they should keep their retaining walls at least 5 feet from the lot line. What is a retaining wall? During the Council discussion whether low planter boxes or similar structures would or should be subject to the ordinance as proposed, it was suggested that the term "retaining wall" should be defined. "Retaining wall" is not currently defined in Orono code. A cursory review of municipal codes in Minnesota suggests that inclusion of such a definition in zoning codes is not universal. Here are some dictionary definitions as well as other codes' definitions of"Retaining wall": Merriam-Webster: A wall built to resist lateral pressure other than wind pressure; especially : one to prevent an earth slide. MacMillan Dictionary: A wall that is built to prevent earth or water from moving forward. Collins Dictionary: A wall constructed to hold back earth, loose rock, etc. Oxford Dictionary: A wall that holds back earth or water. Illustrated Book of Development Definitions: A structure constructed to hold back or support an earthen bank.