City Council approves minor subdivision at 1 Cherry Hills Park Drive to preserve driveway access and existing wall

Mayor Katy Brown and the City Council unanimously approved a plan to split 1 Cherry Hills Park Drive into two lots, allowing a longstanding motor court wall and existing utilities to remain legally conforming.

Community Development Director Paul Workman told the Council the application would return the property to a two-lot configuration similar to its 1997 layout, while adding a perpetual access easement in the northeast corner of Lot 1 to preserve Lot 2’s driveway connection to Cherry Hills Park Drive. Workman said staff found the proposal meets the Municipal Code’s approval criteria and noted the Planning and Zoning Commission had unanimously recommended approval.

The application was amended to move the proposed lot line so that a 100% opacity motor court wall sits behind the home in Area 1, where the Code permits full opacity, avoiding the wall becoming a legal nonconforming structure under the City’s fence standards. Workman also explained a storm drainage easement extension to address drainage infrastructure that would be bisected by the new property line, and confirmed that existing air-conditioning equipment would be 43 feet from the revised property line, exceeding the 25-foot accessory structure setback.

Christopher Sharp, attorney for the property owners, said the motor court wall predates a 2016 fence-code amendment and that demolition or a variance were either cost-prohibitive or likely to fail; he said the revised lot line was the most practical solution. “The wall is approximately 200 feet from Cherry Hills Park Drive and not readily visible from the road,” Sharp said, noting existing vegetation provides screening.

Council discussion touched on technical points and broader policy concerns. Councilor Robert Eber and others observed that counting adjacent right-of-way toward gross lot size is what allows both lots to meet the 2.5-acre minimum; Eber said he intends to propose a Code change on that rule in the future but did not apply it to this decision. Assistant City Attorney Christine Fitch advised that the access easement would be recorded upon approval and that the current common ownership of the lots reduces adverse-possession concerns.

On a motion by Mayor Pro Tem Earl Hoellen, seconded by Councilor Susan Maguire, the Council approved Resolution 6, Series 2026. The motion carried unanimously.

The Council’s action records the revised plat and easements; staff will record the access easement following administrative completion of the subdivision process.