Commission backs 8‑foot fence allowance by retaining walls, asks staff to clarify measurement language

The Planning Commission recommended that the City Council adopt zoning text amendment 2026‑04 to allow fences up to 8 feet tall where they adjoin retaining walls that average 4 feet or taller, with the height measured from finished grade.

Scott Hess, the staff presenter, told the commission the ordinance draft aimed to provide visual screening for homeowners who have large retaining walls on neighbors’ property, but that language and administration needed clarification. Commissioners asked whether fences should be measured from the footing of a wall or from the visible grade; staff said the practical enforcement point is finished grade where the wall meets the ground and agreed to replace the word "base" with "finished grade" in the redline text.

Homeowner Lisa Arner testified that a boulder retaining wall behind her property left gaps in privacy and security and said an 8‑foot fence would make her yard more secure. "It's a security issue primarily, definitely a privacy issue," Arner said during her five‑minute public comment.

Commissioners discussed opacity rules for fences built on the high versus low side of a retaining wall and whether the ordinance should refer to an average retaining‑wall height threshold. They asked staff to clarify how to administer measurement for irregular walls and whether the code should require finished grade measurements. Commissioner Settlemire moved — and commissioners seconded — a recommendation that included changing the measuring point to finished grade and applying the 4‑foot average threshold. The motion passed unanimously on a roll‑call vote.

Next steps: staff will prepare clarified ordinance language for City Council consideration, reflecting the finished‑grade measurement and the average 4‑foot retaining‑wall threshold.