TO:          Rapid City Planning Commission

    FROM:    Bill Lass, Senior Planner

    DATE:     3/6/01

    RE:          Fences and Retaining Walls

On February 8, 2001 the Planning Commission authorized Staff to proceed with an Ordinance Amendment that would require a setback between a six foot high retaining wall and any proposed fence. The Legal and Finance Committee, however, has expressed concern with the proposed Ordinance Amendment and has requested that the Planning Commission reconsider this matter prior to advertising for public hearing. The Legal and Finance Committee suggested that the Code be revised to allow the placement of fences directly on top of retaining walls provided a maximum height was observed. Further, they felt it would be appropriate to include language insuring that the retaining wall was truly functioning as a retaining wall. The Legal and Finance Committee also discussed the possibility of requiring fences or guard rails on top of retaining walls as a safety mechanism.

Staff is requesting direction from the Planning Commission. It may be appropriate for the Planning Commission to direct Staff to draft provisions in accordance with the Legal and Finance committee’s direction for further consideration.

Thank you.