City council grants exception to sensitive‑lands ordinance for retaining wall at Scenic Pointe lot after engineer review

The Hurricane City Council approved HIL‑25‑01, a request for a retroactive exception to the city’s sensitive‑lands ordinance for a stacked rock retaining wall constructed at Lot 50 of Scenic Pointe Phase 2. The application asked for relief from the ordinance limit on stacked rock wall height within a 50‑foot horizontal distance, citing engineering certifications and planning staff analysis.

Planning staff and the planning commission recommended approval after reviewing geotechnical and civil engineering reports. Planning director Gary Kupp told the council staff found the applicant provided geological and civil engineering reports certifying the wall met the design recommendations in the subdivision’s geological documentation and that the building official and staff accepted those reports. The commission unanimously recommended the council approve the requested exception, but commissioners raised concern about the work being built without a permit and noted the precedent risk.

Neighbor Aaron Earls and adjacent homeowner Kelly Vallejos opposed the exception during the public forum. Earls told the council he measured the wall and said the new wall plus the existing adjacent wall produced a combined height he estimated at 26 feet over about 15 horizontal feet, which he said exceeds the code’s limits and creates safety and visual‑impact concerns. He said the expansion began without permits, and he urged denial because the application used a design report dated before the owner’s unpermitted expansion.

The contractor, Terry Spinks of TC Custom Homes, and project representatives said compaction testing and construction were performed to the engineer’s specifications and that the contractor had taken steps to address runoff during construction and to install drains. Geotechnical engineer Wayne Rogers (AGEC) inspected the site with staff, reviewed footings and compaction testing, and told council members he would provide an updated letter confirming observations and recommending fixes for a loose rock and an abandoned pipe. Rogers told the council he stood by his certification that the wall meets the design intent and that the compaction tests and observations support that conclusion.

Council members debated the four code criteria required by Section 10‑24‑3(g)(1) of the Hurricane City Code for granting exceptions: (1) the alternative solution must be based on sound engineering; (2) it must provide equal or better protection than normal standards; (3) it must be consistent with the purposes of the sensitive‑lands ordinance; and (4) it must be consistent with general‑plan policies affecting sensitive lands. Staff and several council members concluded the submitted engineering evidence met those criteria; neighboring speakers and at least one council member expressed concern about precedent and the retroactive nature of the request.

After discussion Councilman Ellerman moved to approve HIL‑25‑01, an exception to the sensitive‑lands ordinance, citing the engineering certifications, planning staff review, and the planning commission recommendation. Councilman Preet seconded. The motion passed by majority vote; the council directed the applicant to complete required permits, submit the updated engineer’s letter and compaction documentation to the building official, and address minor items the geotechnical engineer identified.

What the council required before issuance of final permits Staff and council asked the applicant to provide an updated letter from the geotechnical engineer (requested at the meeting) documenting current observations and confirming compaction testing and footings; staff also noted the building official would not issue final building permits until the exception is in place and the required documentation is submitted.