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Planning commission conditionally approves retaining wall modification at 5441 36th Street after neighbor dispute
Summary
After lengthy testimony and debate about encroachment and past enforcement actions, the commission conditionally approved a site-plan amendment at 5441 36th Street that requires the retaining wall to start at least 3 feet from the east property line, a planted buffer (shrubs every 5 feet), retention of prior canopy/tree requirements, and submission of updated stamped plans to staff and the neighbor within 14 days.
Cascade Charter Township’s Planning Commission on June 2 granted conditional approval for a site-plan amendment at 5441 36th Street after a prolonged exchange among planning staff, the applicant’s architect and contractor, and a neighboring property owner who alleged repeated encroachments.
Staff summarized a multi-year history for the site that included an approved plan, a missing recorded grading easement, work that extended onto a neighbor’s property and a cease-and-desist order. The applicant sought to change the previously approved poured-concrete retaining wall (set 7 feet 9 inches from the property line) to an engineered block wall that, the architect said, can be set closer to the property line because it uses a crushed-stone footing and integrated drainage.
Mr. McGovern, the neighbor who raised the most detailed objections, said fill and equipment had been staged on his land, that temporary stakes and a chain-link fence had been placed over his property, and that he paid privately to re-survey the line. "There's a lot of history between that and now," he said, describing prior encroachments and expressing concern about long-term maintenance if a wall sits on the property line.
Architect Joe Bamberg and contractor Sean (Suburban Landscapes) argued the block system reduces the need for large footings and provides drainage; Bamberg described the proposal as "a win-win" and said the block material is more visually appealing. Commissioners and staff confirmed that while some features may be permitted "by right," Cascade Township’s ordinance treats amendments to an approved site plan as requiring the commission’s review. Staff also noted the commission could condition any amendment on no future encroachment and that existing enforcement and permit requirements remain in force.
After extended discussion and a negotiation among the parties, the commission approved the amendment with the following conditions: the east face of the retaining wall must be no closer than 3 feet from the east property line above grade; a planted buffer of shrubs shall be installed in that three-foot zone at no more than 5-foot spacing; all prior canopy/tree and other landscape requirements from the original approval remain in effect; the applicant must submit updated, stamped site and engineering drawings to township staff and provide those same drawings to the neighbor within 14 days of the meeting; and construction may not begin until staff verifies the submitted plans comply with the approved conditions.
Chair moved the conditional approval; the motion was seconded and carried by voice vote. Staff told the commission they would require the written site-plan documents and could administratively confirm whether the submitted plans meet the conditions; if the documents are not provided or do not comply, the amendment is void and enforcement options remain available to the township.
The commission’s approval formalizes the negotiated compromise between the property owner and his neighbor but leaves in place enforcement tools for any future encroachment or noncompliance. The applicant must supply the required plans and gain staff sign-off before work may resume.
