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36 sheeting. AET acknowledged that every situation is unique, so they were not comfortable <br />37 formally consulting with the City beyond this input. <br />38 <br />39 This input reveals the following: <br />40 Construction of new homes at The Enclave will not exceed the 1:1 standard <br />41 recommended by AET to justify additional mitigations. <br />42 Horizontal excavations alone do not pose a threat to the structural integrity of an <br />43 existing foundation and wouldn't unless a vertical excavation equal to approximately <br />44 10' below the footing were to occur. To date, while excavations at The Enclave have <br />45 occurred within the entire 10' horizontal setback, vertical excavations are limited to <br />46 the depth of the basement and footing, which is approximately 10', equating to a <br />47 ratio of 1:0.5, not 1:1. <br />48 It's unlikely any of the other 200-600 properties depicted on the map previously <br />49 shared with Council as having the potential to be impacted by a proposed ordinance <br />50 would exceed the 1:1 standard. <br />51 The industry accepted 1:1 standard likely explains why the City has not experienced <br />52 known issues to-date, even though there are hundreds of instances where <br />53 residential construction is occurring within 10' of existing foundations. <br />54 The City of Minneapolis ordinance is not relevant to Roseville based on the context <br />55 in which it was adopted. This context includes instances where residential projects <br />56 occur at 0-2' setbacks with very deep excavations adjacent to existing, shallower <br />57 foundations that are 100+ years old (and therefore weaker and not built to current <br />58 residential building code standards). <br />59 Based on this input, staff would not recommend moving forward with an ordinance as the <br />60 draft ordinance language previously shared remains too vague to ensure it can be <br />61 implemented reasonably across the entire City. Further, the technical expertise obtained, if <br />62 incorporated into an ordinance, would not apply to The Enclave or most other instances of <br />63 close-proximity residential construction in the City. The State continues to pursue language <br />64 for adoption into the next residential building code and, if adopted, would likely include <br />65 guidance on how the new standard should be interpreted and applied. Rather than pursue <br />66 a local ordinance that creates overly burdensome standards that would not result in <br />67 meaningful protections, and which would have to be repealed upon the State's adoption of <br />68 the updated residential building code next year, staff would recommend waiting for the <br />69 State. <br />70 <br />71 Understanding the homeowner's association (HOA) at The Enclave remains concerned, <br />72 staff could require the HOA and/or the underlying property owner to provide consent for <br />73 excavations that occur on the zero-foot setback side of a home. This would allow the <br />74 association and/or affected property owner to use their authority to ensure concerns about <br />75 excavations between homes are addressed. Requiring the underlying property owner's <br />76 consent to grade beyond a property line is something our engineering staff has required <br />77 elsewhere, so adding this requirement to new homes at The Enclave would be consistent <br />78 with past practice. It hadn't been required for the existing homes because easements <br />79 already exist to allow for construction, however, should the HOA or affected property owner <br />80 wish for greater protections, gathering written consent before releasing the building permit <br />81 would provide the opportunity for those expectations to be communicated. At the very <br />82 minimum, staff will not issue permits that include egress windows on the zero-foot setback <br />Page 2 of 4 <br />Qbhf!4!pg!:29 <br /> <br />