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year he noted several cracks and stressed fractures in the concrete where his pool and spa were located which went to the retaining wall bricks. He distributed pictures to the Council, which he briefly described. The property in the rear drained into the ditch area, there was a 4 foot fence which had been straight up and down, but because of the drainage, it was pushed over 60 degrees. It continued to be an issue, with dirt and mud gathering in the ditch and culvert, and his biggest concerns were erosion, safety, the storm drain system, and the stability of his property. With the desire to install a pool he consulted with a landscape architect who determined that a significant amount of erosion had occurred in the rear, and recommended a concrete retaining wall be installed to eliminate the safety and erosion issue. He said he visited the Planning Department on December 6 and 12, 2007 and was issued a permit for the pool and a 4 foot retaining wall, he noted that the drawing he brought to staff was a conceptual drawing and not to scale. He said the reason he went to the Planning and Permits Departments was to do the correct thing and be a good neighbor, and for staff to make appropriate decisions. Mr. Jeffrey said he believed he went overboard in obtaining a retaining wall permit, which is not required for walls 4 feet and under. He believed he did everything to ensure the project would meet all conditions. Both permits were reviewed by staff and issued over the counter. He discussed his conceptual drawing originally submitted which showed his intent for the retaining wall. Due to the 15 foot easement on his property, he was required to move it back 15 feet from the property line. No backfill was needed or used to do this. He said more dirt was taken out of the backyard due to the footing and construction of the wall, but none was added to that portion, and several truckloads of dirt were off-hauled. He referred to page 2 of the agenda report, last sentence, "the purpose of the retaining wall was to support the excavated material from the pool proposed to be constructed immediately north of the Jeffrey's house." However, there was no excavated material used in making the retaining wall. He also referred to page 3 under Project Description which was also not true; "The appellant has completed construction of an in-ground pool and an approximate 4 foot retaining wall and used excavated pool material to fill a portion of the rear yard behind the retaining wall." He described how the as-built wall was constructed and the height of the wall. Elevation of the wall was derived from the slope of the property, they determined the grade of the original slope of the rear property, and built the wall from the ground down. He said the 4 foot existing fence which was damaged from erosion was also removed. He said the Zoning Administrator's ruling was for a one foot berm which the Johnston's opposed. Councilmember Sullivan questioned and confirmed that the dirt to the right of the retaining wall was not backfill and it was at the original grade. Councilmember McGovern referred to the original drawing of the retaining wall at the bottom of the property and asked Mr. Jeffrey if he knew he had a 15 foot easement from the property line. Mr. Jeffrey said he only learned of it after speaking with the Planning Department. He said the Planner, Ms. Amos required him to draw a diagram of how it would look. His intent was to create as much privacy for himself and his backyard neighbors. Councilmember Cook-Kallio questioned if the land from Mr. Jeffrey's house to the retaining wall existed, and that he did not add any dirt to that area. Mr. Jeffrey said yes; he did not add any dirt and that he dug into the hill for the retaining wall to be put in. Mr. Dolan said it was staffs understanding that the situation was more similar to the previous drawing; that some of the backfill was used behind the retaining wall; however, Mr. Jeffrey states he actually dug down along the distance of 100 feet. City Council Minutes 7 December 2, 2008