The Belcaro Park Homeowners Association has successfully fought off the construction of a larger two-story home on a block filled with 1950s ranches.
The legal victory in Denver District Court could empower other Denver homeowners in older neighborhoods who are willing to submit to covenants.
“Unlike other neighborhoods that are at the mercy of the city for protection, we have given ourselves some measure of control,” said David Neslin, former president of the association.
Belcaro Park is located one-half mile south of the Cherry Creek Shopping Center, adjacent to the Phipps Mansion, and is one of only a few Denver neighborhoods where the homeowners association has a say over new construction.
New developments must be compatible with existing homes in terms of size, height and visual appearance, among other things.
Clayton Properties, a small home builder, purchased 701 S. Jackson St. and presented the HOA with plans to scrape the 1,600-square-foot, 16-foot-high house and replace it with a 5,100-square-foot, 30-foot-high home.
After the association’s architectural review committee rejected the design, Clayton Properties sued, arguing that it did not receive a fair review. It also contested the HOA’s definition of “block” and noted the association had allowed even larger homes nearby.
“I never understood why there was opposition to this,” said Jim Bain, the attorney who represented Clayton. “I would be happy if someone put a beautiful house in my neighborhood. It makes my house more valuable.”
The 700 to 900 blocks of South Jackson Street are dominated by ranch homes set back from the street. Garfield, a nearby street, has a more eclectic mix of larger homes.
Neslin said the association isn’t opposed to redevelopment, but did oppose a design that was three times as large as the original property.
Bain counters that the neighboring homeowners hurt the resale value of their homes if they don’t allow redevelopment. That in turn defeats the purpose of covenants, which are designed to protect property values.
Homeowners should have the right to define and defend what they consider valuable, said Bill Short, an attorney with Hindman Sanchez in Arvada who represented the association.
“What people are recognizing in Denver is that sometimes saving character is better than square footage,” he said.
The City of Denver had approved a permit for the new home but stayed out of the debate.
“It is a civil contract between the homeowner and the HOA association,” said Julius Zsako, communications director for Denver Community Planning and Development.
Covenants don’t trump Denver’s rules if they are more permissive, but they can be more restrictive. And just because the city approves a design doesn’t mean the HOA will.
Many older Denver neighborhoods lack covenants, much less architectural review committees.
But the willingness of a Denver court to uphold their authority could embolden some homeowners to band together and put them in place. Neslin said Belcaro Park is hearing from other neighborhoods interested in forming an association.
Belcaro Park, was built starting in the early 1930s. It had four sets of fairly similar covenants already in place. Homeowners updated and expanded them in 1996.
“People buying a house in Belcaro have some assurance that the character of the neighborhood will remain,” Neslin said.
Staff writer Aldo Svaldi can be reached at 303-820-1410 or asvaldi@denverpost.com.
