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Neighborhood Report

Retaining walls can stay for now

The City Council halts citations while issues such as erosion are studied.

By MICHAEL CANNING
Published September 1, 2006

They've been in homeowners' yards for years, even decades, preventing soil erosion and protecting the root systems of grand oaks. Now the city's code enforcement department says the retaining walls have to go.

Old Seminole Heights resident Elizabeth Ann Blanco and many of her neighbors were cited in February for having the walls on the city right of way. Last week, she appeared before the code enforcement board to discuss the citation, which could result in daily fines if she doesn't remove the wall.

"My mind was so blown," said Blanco, who lives on Powhatan Avenue. "I live in an area where unless your land is pretty much flat, the retaining wall really keeps your yard from washing into the street." On many properties, she added, the retaining walls also hold soil around the root systems of mature trees.

The Old Seminole Heights Neighborhood Association has rallied around Blanco and the other people cited, claiming that removing the walls would cause erosion that would bring down trees, expose city water meters and, in some cases, threaten house foundations.

Association chairwoman Susan Long accompanied Blanco as she stood before the city's code enforcement board Aug. 23. Blanco suspects a feuding neighbor anonymously complained to the city about her wall.

"These laws make sense out in New Tampa or Carrollwood where the lots tend to be more level," Long said. "In our neighborhood, given when it was built, and where it was built, it just doesn't make sense."

Meanwhile, other association members, including president Randy Baron, have been trying to work out a compromise with the city zoning department. Baron suggests the city allow homeowners to keep their retaining walls provided they officially document each wall and release the city from any liability pertaining to the structures.

"(Zoning wants) the city held harmless from agreements from people who put up walls, and that's understandable," Baron said.

But he hopes the city gets this message: "We are voluntarily coming to you, and we want to expedite the review process and make sure everyone is legally conforming and everyone's rights are protected."

The message might be getting through. The day after Blanco went before the code enforcement board, the City Council temporarily halted retaining wall citations.

"We will stay any action for now," said zoning administrator Catherine Coyle. "It's definitely something we can look into and take a couple months to research. When you look at (the retaining walls), some of them are pretty historical."

[Last modified August 31, 2006, 09:47:45]