Hawthorne Hills residents say Forestdale replat threatens private lake access

During the public hearing on Aug. 6, several Hawthorne Hills residents told the Planning & Zoning Commission they believe recorded plats and deeds still assign the contested tract and related access to Hawthorne Hills, not Forestdale, and that a recently installed fence may block an access easement to the neighborhood lake.

Joshua Peth, who identified himself during public comment, said the deed and recorded plat show Lot 19 is part of Hawthorne Hills and subject to the neighborhood’s declarations and restrictions. “Based on my research, you can’t willy‑nilly just move a recorded block from subdivision to subdivision,” he said. Peth asked that the city ensure the legal records are clear before the zoning change proceeds.

Other residents described a fence placed perpendicular to a 20‑foot easement that restricts access to the dam, and they worried that replatting and creating common ground next to Hawthorne Hills could allow Forestdale residents to use the lake. Shane Holt said the disputed area currently abuts a dam and that preserving that buffer is a primary concern for neighbors.

Planning staff and commissioners noted that private deed restrictions and covenants are typically enforced through private legal channels, not by the city, and advised parties to consult counsel. Staff also said the Forestdale plat as filed left a strip designated as common ground in the area adjacent to the dam to protect it from building. Commissioners recommended that the developer and Hawthorne Hills homeowners resolve ownership and easement questions before the commission forwards a recommendation to the Board of Aldermen.

Because the commission chose to table the rezoning, the record will be updated when the developer reports back to the commission or when legal questions are clarified.