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CITY COUNCIL WORK SESSION <br />Topic Report: Adjacent Property Grading <br />By: Brian E. Olson, Principal City Engineer <br /> <br />Background: <br /> <br />At the October 22, 2002, work session meeting an issue was raised regarding the impact <br />that grading for a new development might have on adjacent property owners. During this <br />discussion the following specific concerns were identified: <br /> <br />· Physical encroachment onto the adjacent property <br />· Creation of severe grade changes with the adjacent property <br />· Additional drainage onto an adjacent property <br /> <br />Physical encroachment onto an adjacent property would not be legally permitted unless <br />there was specific authorization from the property owner allowing that to occur. <br />Although there m ay be some question whether a drainage and utility easement would <br />permit such an encroachment, it has been policy based on past practice that this is not <br />permitted. Frequently, a practical problem associated with this issue is violation of the <br />property line during construction, either unintentional or perhaps not so unintentional. A <br />solution to this type of problem is good inspection coupled with clear delineation of the <br />property lines with the use of construction fencing. <br /> <br />The creation of severe grade changes concern is a little more difficult to address. <br />Currently, the City does not allow grades of more than 4 feet horizontal :1 foot vertical <br />and generally requires elevation information to be provided 100 feet from the proposed <br />developments. Although the City Code (Chapter 9) specifically limits the steepness of the <br />slope, it does not limit the use of retaining walls that could create a steep environment <br />adjacent to another property. It shall also be noted that it is a State requirement to <br />construct a fence on any retaining wall that is greater than 42 inches in height. <br /> <br />The issue about additional drainage onto an adjacent property is addressed in our <br />comprehensive storm sewer plan and additionally enforced by the Lower Rum River <br />Watershed Management Organization. Current standards restrict the discharge rate for a <br />100 year rainfall event to predevelopment rates. <br /> <br />Action Statement: <br /> <br />Provide direction to staff on whether or not to develop a policy or continue our review <br />efforts focussing on the issues that were discussed. <br /> <br />CCWS: 3.18.03 <br /> <br /> <br />