Council tables decision on driveway deviation at 48 McMichael Avenue after detailed staff, resident and technical testimony

Council considered a request from the property owner at 48 McMichael Avenue for a deviation after staff found an expanded, unpermitted driveway and an initial meter-box violation. Planning staff summarized the enforcement timeline, including an initial violation recorded Aug. 25, 2025, subsequent certified letters, a site visit on March 3, and an application submitted March 20. Staff noted the driveway currently extends several inches past the gutter pan and that a culvert under the driveway may be undersized; the engineer expressed concern about pavement and drainage capacity.

Antonio Vargas, the property owner, said he had asked a city inspector before building and was told a permit was not required for the flat work, and he described taking steps to clean and maintain the gutter. Ben Henderson, street‑department supervisor, warned about snowplow damage and right‑of‑way liability if concrete extends into the roadway. Legal staff explained that a preexisting driveway could be a legal nonconforming use but that expanding it would remove that status. Given multiple similar cases on McMichael and wider public‑safety and drainage concerns, Council member Thomas moved to table Resolution 2026‑38 to allow staff time to conduct a street‑wide review; the motion passed and the item was tabled.