Council denies special-exception request for steep driveway at 1114 Elk Road citing health and safety concerns

The council denied a special-exception request from Justin (JD) Call to allow an 18.5% driveway slope at 1114 Elk Road in Tollgate Canyon. Justin told the council he purchased the partially built property in 2021 and said the steep driveway issue preexisted his purchase; he acknowledged missing a pre-surface inspection and said he took responsibility for process errors.

Engineering and fire-safety witnesses described alternatives and safety concerns: engineers identified potential reroutes or a parking pad with ATV/foot access, while council members recounted prior field visits and cautioned that 18% grades can stop fire trucks. One council member said the county’s governmental-immunity protections would shield the county from liability, but that did not resolve safety concerns. Justin acknowledged limited remediation options and said making the driveway an ATV path would “negate the value of the garages.”

Council members evaluated alternatives and the four special-exception criteria (health/safety, intent of chapter/general plan, lack of other equitable remedy, unique/equitable circumstances). After hearing the fire department’s opposition and engineering alternatives, the council voted to deny the special exception and urged the applicant to work with county engineering to find code-compliant options.

Justin told the council, “I didn't know that I need to read the code,” taking responsibility for the missed step; the council closed by encouraging him to pursue alternative engineering options if possible.