Commission approves revocable encroachment permit to legalize features in Pine Drive right‑of‑way

The Fairfax Planning Commission on Nov. 20 approved a revocable encroachment permit to legalize existing improvements that a staff survey showed encroach into the Pine Drive public right‑of‑way at 69 Pine Drive.

Staff reported that prior owners built three landscaping retaining walls, a small front deck expansion and a driveway deck that, according to a property survey provided by neighbors, extend into the public right‑of‑way. The building official inspected the improvements and staff said they did not create slope‑stability problems. Because the Town Code allows the planning commission to authorize revocable encroachment permits for private improvements within unused portions of the public road, staff recommended approval of application 2525 and adoption of the resolution (recorded in the transcript as resolution 20 25‑25).

The new owners addressed the commission and said they inherited the planter boxes and retaining walls when they bought the property a few months earlier. “We inherited them when we bought the house,” one owner said, and added they plan to manage or remove dead vegetation near the pavement if required for public‑safety reasons.

Commissioners asked whether longstanding encroachments could be handled ministerially in the future; staff and other commissioners noted that authorizing private use of public right‑of‑way is a distinct action that benefits from a public process and formal authorization because an encroachment permit is revocable and protects the town from future liability.

A motion to approve resolution 20 25‑25 adopting the revocable encroachment permit for the specified portions of the garage, driveway deck, three retaining walls and approximately 171 square feet of front‑entry deck was made, seconded and approved by voice vote. Staff noted a 10‑day appeal period for anyone wishing to challenge the decision.

What’s next: The owners should follow the conditions in the resolution and any requirements from public works or utility agencies; the permit formalizes town authority to revoke the permission if necessary.