Denver City Council on Aug. 18 voted down a proposed tier-3 right-of-way encroachment for a street patio outside Quality Italian in Cherry Creek, following sustained neighborhood opposition and concerns from council members about traffic safety and past noncompliance. Councilmember Sawyer, who called the item for a vote, said the neighborhood had provided a packet with nearly 300 signatures opposing the proposal and emphasized public-safety risks where angled parking, valet activity and bus traffic converge.

Why it matters: tier-3 encroachments require council approval; in this case residents and neighborhood leaders said the patio would worsen congestion at a block that serves condominium access, post office traffic and school pick-up activity. Councilmember Sawyer said the petition represented "more than a third" of residents in the Cherry Creek Business Improvement District's roughly 700 residences and called the site a community safety issue.

Council discussion focused on the property's pandemic-era outdoor patio permit, a multi-department review and what went wrong when that temporary program ended. DOTTIE staff told council the prolonged presence of earlier outdoor patios across the city was the result of a slower regulatory transition to a permanent program, and that a notice of removal was issued in April 2024; the department said the current application complies with the city's open-spaces standards.

Quality Italian's representative, Josh Hampling, said the business had resolved earlier problems and that the manager was on brief family leave; he said the patio historically generated significant business and estimated the patio previously produced about $100,000 a month in revenue. Cherry Creek North Neighborhood Association representative Lou Raeders described chronic backups and safety hazards at the site and urged council to reject the encroachment.

Council then voted. The clerk announced the result as "10 nays," and the motion failed; three council votes were recorded as "aye." The resolution failed on a roll-call vote.

What council did and did not do: council denied the specific tier-3 encroachment request; it did not adopt new citywide signage or patio rules at this meeting. DOTTIE staff said the department'level review and the open-spaces program remain the venues for permitting and that the planning and enforcement processes that led to the prior multi-month stay in place were procedural delays rather than individual exceptions.

Outlook: the vote ends this particular request. Councilmembers and neighborhood representatives said they may seek continued enforcement attention and monitoring of sidewalk and curb uses; businesses may reapply under the city's open-spaces program but would need to meet the department's safety and mobility standards.