Communities

Wall too high

Sleepy Eye City Council OKs settlement agreement on non-compliant structure

SLEEPY EYE - After discussion Tuesday, Sept. 8, the Sleepy Eye City Council unanimously approved an amended settlement agreement and resolution to ordering the partial take down of a wall on Prescott Street Northwest.

The wall is located on the property of Glen and Lisa Schuster property. Schuster is contending that a structure on his property is classified as a retaining all. The structure is a stacked concrete barrier, 8 feet high, with clay behind the barriers.

Schuster said he was told by a city employee that a permit was not needed for a retaining wall.

The City of Sleepy Eye contends that whether the structure is classified as a retaining wall or a fence, a permit is still necessary.

According to Sleepy's building code, there is an amendment regulating wall structures over four feet in height. The code also regulates fences. Any fence requires a permit and city council approval if the fence is over six feet in height. Regardless of how this structure is classified, it does not meet Sleepy Eye building code.

The approved settlement agreement gives Schuster until Dec. 31 to remove concrete barriers from the top levels of the structure. Without the top layer, the wall would be four-feet in height, below the code requirement for a retaining wall.

Schuster also has until June 1 to plant seed grass or other vegetation such as wild grasses, flowers, other pollinators, trees or shrubbery over the topsoil to control dust or erosion. Schuster must allow a city official to enter the property to inspect for agreement compliance.

Sleepy Eye City Councilor Nate Stevermer made the motion to approve this agree with a second from Scott Krzmarzick.

Schuster has 30 days after the resolution order is served to remove the structure or apply for a building permit and comply with all requirements including structural engineering, addition of footings and other stabilizing actions, and fines for failure to apply for a building permit before project commencement.

If corrections are not made within 30 days of service of the resolution order, the structure is ordered to be razed and the property left free of debris.

Schuster can request a city council hearing on the order on or before Oct. 8.