A Denver district judge has rejected a developer’s attempt to thwart consideration of historic status for a Jefferson Park house it plans to raze to make way for townhomes.
The after the city planning department first gave the owner of the home the go-ahead to demolish it then rescinded that decision after a group that included an incoming City Council member filed for historic status and disputed the deadline. Judge A. Bruce Jones upheld the city’s handling of the issue.
Friday’s ruling favors now-Councilman Rafael Espinoza and several neighborhood preservationists who also signed the application. Espinoza on a platform that included challenging the pace and density of redevelopment in northwest Denver.
In a common Denver story, the homeowner, James Sonnleitner, says the developer offered him $1 million for the home and another next door in the 2300 block of Eliot Street to make way for denser housing, a recurring sore point in the fast-changing older neighborhood.
“Hopefully, Denver will now have the opportunity to realize the importance that a rare pristine historic treasure holds not just for northwest Denver residents, but for Denver’s character and cultural past,” said Jerry Olson, one of Espinoza’s fellow applicants, in a statement.
The Landmark Preservation Commission soon could consider the preservation request, although the timing may depend on whether Adams Development and Sonnleitner appeal the ruling. A .
Adams and Sonnleitner said they will oppose the historic designation and that they believe “Mr. Sonnleitner’s property rights will ultimately prevail.”
At issue was the Department of Community Planning and Development’s late-afternoon decision May 28, at the close of a 28-day notice period, to issue a “certificate of non-historic status” to Sonnleitner for the 1880s Queen Anne-style house at 2329 Eliot St. That status would have allowed demolition.
Hours later, after the office had closed, Espinoza was able to file the historic designation application. Espinoza argued to the city attorney’s office that the deadline had been calculated incorrectly.
CPD rescinded Sonnleitner’s certificate the next day, allowing the preservation bid to proceed.
The judge agreed that Espinoza was correct about the deadline. He also rejected the lawsuit’s claim that Espinoza improperly contacted the city attorney’s office.
“Here, the CPD staff prematurely issued the Certificate at 4:18 p.m. on the last day (of the notice period), even though the 28-day window could not close before midnight,” Jones wrote.
If the preservation review process resumes, a final determination would be up to the council, likely requiring Espinoza to recuse himself.
Jon Murray: 303-954-1405, jmurray@denverpost.com or twitter.com/JonMurray
