El Paso Council considers waiver for Kirk's land development request on Mariah Trail

In the heart of El Paso County, a pivotal discussion unfolded during the Board of County Commissioners Land Use Meeting on August 28, 2025. The atmosphere was charged with anticipation as stakeholders gathered to address a waiver request concerning a property owned by Mr. Kirk, a former resident of the area. The request, presented by Ms. Bagley, sought to navigate the complexities of public land dedication requirements that had emerged after Mr. Kirk's land development was already approved last December.

At the center of the debate was the need for a waiver from El Paso County's code section 8.5 0.1, which mandates that public land dedications remain unencumbered. Mr. Kirk's property, located at the end of Mariah Trail, is poised for development, but existing easements present a significant hurdle. Ms. Bagley emphasized that granting this waiver would not only facilitate Mr. Kirk's plans to build a home for his retirement but also allow him to subdivide his land without infringing on the rights of neighboring property owners.

The narrative took a personal turn as it was revealed that Mr. Kirk and Ms. Donahue, his ex-wife, had previously shared ownership of the property. Their divorce had led to a division of the land, and both parties were now seeking to utilize their respective portions. The emotional weight of the situation was palpable, as Ms. Bagley articulated the potential hardships that could arise if the waiver were denied. She highlighted that strict adherence to the code could lead to financial and emotional strain for Mr. Kirk, potentially forcing him back into court with Ms. Donahue.

Throughout the meeting, it became clear that the request for a waiver was not merely a procedural formality but a necessary step to ensure that both parties could move forward with their lives. The commissioners were reminded that the land had always been zoned for residential use, and the proposed developments were in line with the county's master plan.

As the discussion progressed, it was evident that Mr. Kirk had made considerable concessions to benefit his neighbors, dedicating significant portions of his land for future access and development. The waiver request, which amounted to a mere 350 square feet, was framed as a reasonable ask in light of the broader community benefits.

In conclusion, the meeting underscored the delicate balance between individual property rights and community regulations. The outcome of this waiver request could not only shape Mr. Kirk's future but also set a precedent for how similar cases might be handled in El Paso County. As the commissioners deliberated, the stakes were high, and the community watched closely, eager to see how this unique situation would unfold.