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Commission hears extensive discussion over driveway, retaining wall and fence variances on a corner lot at West Sixth Street

5322146 · July 7, 2025
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Summary

A neighborhood property at 2432 West Sixth Street is seeking variances for driveway paving close to the corner and a six‑foot fence; staff described a long history of unpermitted work including a 3.5–4‑foot retaining wall and an extended driveway apron that may cross the right‑of‑way.

Planning staff described to commissioners Monday a zoning case at 2432 West Sixth Street that grew out of a code‑enforcement referral after the owner expanded a driveway and installed a retaining wall and taller fence without permits.

Staff told the commission the lot is a corner/reverse‑frontage parcel and that code enforcement first noticed concrete extending beyond typical residential driveway limits. "Code enforcement noticed the driveway, and how the concrete extended beyond what is typically permitted," staff said. The owner later sought a permit from Inspections, and review revealed the need for variances because a portion of the driveway extends toward the property line and may conflict with the city's 10‑foot offset requirement measured from the property line for an approach near a corner.

Staff and traffic reviewers explained the 10‑foot rule is intended to give motorists room to maneuver and avoid driving over sidewalks; Traffic staff said the first 10 feet from the radius should remain clear so vehicles do not drive over the curb and sidewalk. In addition, a roughly 3.5‑ to 4‑foot retaining wall was installed without a permit, staff said, and a six‑foot wood fence was later built where a four‑foot chain‑link had previously existed. The owner told staff he had safety concerns and that prior to the retaining wall the area was grass.

Planning and traffic staff discussed whether approving the lane‑edge variance for the private concrete would still allow the owner to obtain required neighborhood driveway permits from traffic and inspections. Staff warned of a potential "catch‑22": approval of a variance on the zoning side would not automatically obligate Traffic or Inspections to approve an approach or widening that still would not meet right‑of‑way access management standards.

Cody (traffic staff) explained the practical problem: because the driveway extends close to the corner, widening to a two‑car approach to meet current standards may be physically impossible without removing the current radius; staff said the driveway was grandfathered under the 2019 code but rebuilding it could trigger stricter requirements that shift the mouth of the approach away from the corner.

Staff advised the owner to pursue the fence variance and the pavement variance concurrently; the retaining wall may require separate permitting. No public comment forms were recorded at the work session. The item will appear on the public hearing docket for formal consideration where the owner may speak.