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Commission grants revocable encroachment permit for improvements at 69 Pine Drive

November 24, 2025 | Fairfax Town, Marin County, California


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Commission grants revocable encroachment permit for improvements at 69 Pine Drive
The Fairfax Planning Commission voted on Nov. 20 to approve a revocable encroachment permit allowing existing improvements that encroach into Pine Drive’s right‑of‑way at 69 Pine Drive.

Staff told the commission that prior owners made front‑entry improvements and three retaining walls and that available records and a recent survey show portions of those improvements are in the public right‑of‑way. Staff recommended approval of application 2525 and Resolution 2025‑25 on the grounds the retaining walls and deck do not create visibility or stability problems and are below permit thresholds for building permits.

The new owners of 69 Pine Drive attended and said they inherited the landscaping and structures when they purchased the house and are willing to manage vegetation near the road to meet town and fire‑safety expectations. One owner said two of the plants near the pavement appear to have died since closing and they intend to remove or replace them.

A commissioner moved to approve Resolution 2025‑25, which authorizes a revocable encroachment permit for an approximately 18‑square‑foot section of garage, a driveway deck, three ~32‑inch‑tall retaining walls and some 171 square feet of front entry deck in the Pine Drive right‑of‑way; the motion was seconded and passed by voice vote with one commissioner absent (Bailey/Baila). The staff report recorded that the building official had inspected the site and did not identify hazards requiring removal.

The commission noted a 10‑day appeal period; if unappealed, the town will record the revocable encroachment permit and the property owner will remain subject to the terms of that revocable authorization.

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