Highland Drive retaining wall dispute settled

A dispute involving the city and property owners on 1160 Highland Drive regarding a retaining wall has been resolved with an agreement signed today by Ottawa County Circuit Judge Ed Post. "I think the end result will be something that the neighbors and homeowner will be happy with,' Mayor Roger Bergman said. Bergman said one of the best things about the situation was that the neighbors came together - and did it in a way to resolve the dispute.
Alex Doty
Jun 3, 2011


Based on this settlement between the city and property owner Sherry Jackoboice, all applications before the Planning Commission and Zoning Board of Appeals will be terminated, the retaining wall will be cut down in size to about 4 feet high, and the work restriction order has been lifted on the construction team.

Cutting of the retaining will take place within 15 days of today and is to be completed within 30 days, and installation of the curb and landscaping is expected to be completed within six months of the order.

The latest actions are a result of what was — according to City Planner Kristin Keery — a “miscommunication” that occurred in January when the builder and architect came into the city’s Building Department to discuss code-related issues pertaining to a retaining wall. It was proposed for the development and planned to be constructed along the front property line.

According to Keery, most of the discussion focused on the height of the retaining wall, which was proposed at approximately 7 feet and approved.

During the Planning Commission's March meeting, Keery said it was not pointed out that the applicant was proposing a change to the configuration of the retaining wall.

The builders received a permit that deviated from the plans approved by the Planning Commission. When this was noticed, a stop work order was issued on the wall project.


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