Board approves variance to allow up to 8-foot retaining wall for Oxenfree Commerce City project

Commerce City’s Board of Adjustment voted to approve a variance (case AV25-0016) that increases the maximum allowable retaining-wall height from 4 feet to an 8-foot maximum along Bell Creek Boulevard for parcels at 9712 and 9713 East 110th Avenue as part of the Oxenfree Commerce City development.

Planner Nathan Chavez reviewed the application and told the board the PUD site abuts a detention pond and Bell Creek Boulevard; staff determined the requested variance met Land Development Code approval criteria because additional fill is required to provide gravity drainage to the South Adams County Water and Sanitation District sanitary sewer outfall. Chavez said staff recommended approval and noted the development’s construction documents are otherwise complete pending the variance and planning’s approval of the building permit.

Henry Dixon, development associate for Core Spaces, the project developer, presented the applicant’s materials and said the design team requested an 8-foot maximum "just in case" but does not expect the wall to exceed about 7 feet at its highest point. Dixon said the single-tier retaining wall preserves usable backyard space for several adjacent single-family homes and avoids a tiered approach that could reduce rear-yard depth and pose maintenance and drainage complications.

Board members confirmed that height measurements were taken from current grade and that the fence associated with the wall would not extend to Highway 85. Board member Valtakis moved and board member Douglas seconded the motion to approve the variance; electronic voting recorded four yes votes and the motion passed.

The decision allows the developer to proceed with planned construction and building-permit approvals subject to the usual permit review process. The retaining wall will be constructed adjacent to the Bell Creek detention pond and is intended to ensure sanitary sewer gravity flow for the Oxenfree development.