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Board allows expanded apron for 139 Liberty Street but limits paving beyond approved width

Conquered Zoning Board of Adjustment · July 1, 2026
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Summary

Property owner received permission to widen the paved apron to reach a new garage, but the board limited approval to the paved area needed for garage access and required that additional adjoining right‑of‑way remain unpaved or be restored as specified.

Boyd Smith, owner of the property at 139 Liberty Street, explained the board had previously approved a garage and that he needed additional pavement (about 14 feet) to reach a proposed 32‑foot garage opening. He told the board the existing condition includes gravel parking and a paved apron that extends into the right‑of‑way; staff measured the aggregate width at about 58 feet if the entire apron/gravel area were treated as a single paved driveway. "So it's not 58 feet. It's just it's 38 feet of pavement," Smith said, clarifying that he only sought to pave the section necessary to access the new garage.

Planning staff said their technical interpretation treated the paved and gravel areas as impervious surface and advised the board that granting a broad variance could validate a larger paved apron; they recommended a condition limiting new paving to the width needed for garage access. Several board members agreed that the hardship of accessing the new garage justified additional paving but that the remainder of the existing gravel/apron should remain unpaved or restored, and they attached that condition to their approval.

The board moved and seconded a variance to permit the additional paved apron to reach the new garage, with a condition the remaining right‑of‑way/gravel area remain unpaved or be restored as specified in the notice of decision. The variance passed unanimously.

Next steps: the applicant must obtain a driveway permit for work in the city right‑of‑way and comply with the board’s condition limiting paving extent.