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mining and grading. He stated that it is possible to restrict mining and grading within a certain <br />distance of an adjacent property, but he did not know that that is what they would want to do. <br /> <br />Councilmember Kurak stated that the problem is if a developer compromises someone else's <br />property. <br /> <br />Councilmember Hendriksen stated that there have been many instances where people have <br />complained about these types of issues. They have had instances where people feel that damage <br />has been done to them because of development that has occurred on the adjoining property in <br />terms of elevation. The Planning Commission Chairperson lived for years with a cliff behind his <br />house during the building of Apple Ridge. He stated that there is a problem with the City's <br />policy that needs to be addressed. <br /> <br />Principal City Engineer Olson stated that the question is how does an adjacent property owner <br />ever get the property line between the development and their property to a flat condition. The <br />problem is, under the current ordinance they can't, because it would require that a developer <br />grade on another person's property to meet the grading requirements. <br /> <br />Councilmember Hendriksen stated that he is looking at avoiding a situation where a development <br />creates a cliff. If it is to the advantage of the developer to lower the grade of the property it <br />needs to be incumbent on them to provide for the four to one slope. He inquired if it is permitted <br />today for a developer to build an eight-foot retaining wall. <br /> <br />Principal City Engineer Olson replied yes. <br /> <br />Mayor Gamec stated that he wants to make sure the slopes are right and that is something the <br />engineers will have to look at. <br /> <br />Councilmember Zimmerman stated that a developer can't force his neighbor to change the grade <br />of his property for his benefit. <br /> <br />Councilmember Kurak stated that in the instance of her property, if someone were to develop the <br />remaining land they will have to bring in fill to correct what the other developer had left. <br /> <br />Councilmember Hendriksen stated that a developer should not be allowed to leave an impractical <br />or difficult position to develop the adjoining property. <br /> <br />Mayor Gamec requested that staff review what alternatives they can consider to prevent the <br />impact on adjacent property owners. <br /> <br />Councilmember Zimmerman requested that staff research how other cities handle similar <br />situations. <br /> <br />City Council/October 22, 2002 <br /> Page 5 of 6 <br /> <br /> <br />