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Rushford Village planning commission recommends council deny homeowner request for barrier in public right of way
Summary
After hearing from homeowner Evan Meier about vehicles sliding into his front yard, the Planning and Zoning Commission voted to forward a negative recommendation to the Council on allowing a retaining wall or similar barrier in the public right of way.
The Rushford Village Planning and Zoning Commission on Sept. 16 voted to forward a negative recommendation to the City Council on a homeowner’s request to place a removable retaining wall and other barriers in the public road right of way.
Resident Evan Meier told the commission vehicles have slid into his front yard at Plummer Street and said he wanted to install a 12–16 inch dry-stack retaining wall, backfilled with dirt, to protect his children and stop cars from entering his yard. Planning and Zoning Administrator Jon Pettit and commissioners noted the area is within a 66-foot road right of way and said CRV ordinances require structures to be set back 30 feet from the right of way.
Commissioners discussed alternatives including a guardrail placed just off the edge of the right of way, a curb, or other traffic-calming measures. Legal counsel was reported to have advised that CRV cannot permit private structures in the public right of way and that anything placed there would create liability concerns. Commissioner Gordon Johnson said the commission’s past practice has been not to allow permanent or temporary structures in the right of way.
The commission first considered a motion to pass Meier’s request to the Council without a recommendation; that motion failed (second not specified in the minutes). A later motion to forward the request to the Council with a negative recommendation passed (motion by Gordon Johnson; second by Jesse McNamer; Glen Kopperud abstained). The minutes record that commissioners urged Meier to present alternative proposals to the Council, and Pettit said a formal permit application would trigger further research.
The commission did not adopt a specific traffic-calming project for the site; members noted options such as curb modifications or a guardrail would require Council action, possible coordination with Fillmore County or MnDOT, and further review of legal and maintenance implications. The matter will next appear before the Rushford Village City Council.
