Denver City Council Votes Against Proposed 3-story Condominium Project On Holly Street
by Mark Smiley
In a stunning turn of events, Hilltop residents, led by Lise Uhrich through an intricate petition process, were able to force the Denver City Council to require a super majority in order to approve a 3-story, 23 condominium project earmarked for Holly Street in between Alameda and Cedar in the Hilltop Neighborhood. On January 7, 2019, the project passed with an 8 to 5 vote, one vote shy of an approval.
According to City of Denver, neighboring property owners who oppose the rezoning may file a protest petition with the City Council no later than seven days prior to the City Council public hearing to trigger a super-majority vote requirement (as opposed to a simple majority) at the public hearing. Protest petitions require signatures from owners of 20 percent of the total land area within 200 feet of the subject property.
The required number of signatures were collected by Uhrich and the neighbors and thus required the super majority of the City Council. Mary Beth Susman, who represents District 5 where this proposed project sits, voted in favor of the development.
In a Facebook post she has since removed, Susman stated: “Last night I voted to support a re-zoning proposal in my district that would have given the neighborhood more control on the scale and design of the project. However due to super majority requirements, even though it was supported 8-5, it failed. Now the area that has a use-by-right for denser housing can be built with no input required from neighborhood or council.”
Susman continues: “Providing a variety of housing opportunities so people of different incomes have access to all our neighborhoods is an important goal for 21st century communities. Inclusivity leads to a diversity of ideas and problem solving and a community knitted together by geography rather than separated by income.
“I also believe in neighborhoods having some say about scale and character. Now we’ve lost both by denying this re-zoning. But I have a renewed commitment to inclusive neighborhoods like we built at Lowry and Stapleton with the participation of all voices.”
Local relator Denice Reich, who has been vocal in her opposition, disagrees with Susman’s assessment: “. . .the development lost 15,630 sq. ft. of space when its zoning change was voted down,” said Reich. “The developer will now only build on 10,209 sq. ft. This allows the other 15,630 sq. ft. to remain single family and allows the area to maintain some of its green space and keeps another unnecessary concrete monstrosity from being built.”
Denver City Council District 5 candidate Amanda Sawyer, who is opposing incumbent Mary Beth Susman in the May election, also sided with the Hilltop neighbors: “Community members expressed their concerns that the development would have towered over the single-family homes and one-story businesses on the block, and that it would have been out of character for the neighborhood,” said Sawyer. “Not to mention the safety and traffic issues at one of the main entrances to the Hilltop and Crestmoor neighborhoods. Because of community involvement, now what will be built on that property is 15-20 smaller condos that will provide housing opportunities for the ‘missing middle’ price point but add less density and — hopefully — fit better with neighborhood character.”
Other critics say this kind of project does not belong in the neighborhood, especially along Holly Street where 20,000 cars pass by each day according to a 2014 study. This study was done before the building that contains Park Burger was built.
So, a plan that was hatched early last year and moved through the process through most of 2018 is now off the board. Jason Lewinston, the developer for the project, will have his resilience put to the test. Currently, it does not appear he has enough support from the neighbors or the City Council to propose another project.