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Committee advances contentious rezoning request for 1628–1630 South Ogden despite staff denial

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Summary

A request to rezone two-address property at 1628–1630 South Ogden from USUC to UTUC was forwarded to full council after debate. Staff recommended denial because the change diverges from Blueprint Denver guidance; Planning Board recommended approval 5–1 and the applicant has pursued mediation with neighbors.

The Land Use, Transportation and Infrastructure Committee on Jan. 14 voted to forward a rezoning request for 1628–1630 South Ogden Street to the full City Council despite a staff recommendation to deny the change.

Community Planning and Development staff described the request as a rezoning of a 6,240-square-foot property in the Platte Park neighborhood (Council District 7) from USUC to UTUC to allow construction of a two-unit duplex after demolition of existing structures. Fritz Claussen said the application is unique because the lot already contains two primary dwellings with separate addresses; the existing use is legal nonconforming while the structures are legal nonconforming.

"While this proposed rezoning would broaden the range of housing types available, ... the allowance of different forms and higher intensity uses than what's currently allowed in the zoning and currently present in the neighborhood may be inconsistent with goal 1 strategy d," Claussen told the committee, noting that staff found the application did not meet all five rezoning review criteria and therefore recommended denial. The staff packet documents a Planning Board public hearing on Nov. 6, 2024; staff recommended denial there but the Planning Board voted 5–1 to recommend approval.

Public comment totals attached to the staff packet showed 30 people in support (21 letters) and 42 people in opposition (37 letters). Opposition cited traffic and street-parking pressure near a nearby fire station, concerns about alley access and potential changes to neighborhood character; supporters cited the property owner’s proposal and the need for housing options. After the Planning Board hearing the applicant pursued mediation with neighbors; an initial mediation session occurred in early January and the process remained ongoing at the committee meeting.

Applicants addressed the committee and said they considered the property a unique case: Katie Harrison, an applicant representative, said a pre-application had warned the applicants the case would be an "uphill battle," but they proceeded because the property currently contains two units and their intent is to build housing for family members. Harrison said the applicants had identified nearby duplexes within two blocks but acknowledged staff concerns about setting a broader precedent for rezoning in single-unit areas.

Committee members debated legal and policy constraints. Council Member Chris Hines and others described the tension between Planning Board support and staff findings; Jonathan Griffin, Deputy Legislative Council, explained the committee’s procedural role in confirming the application’s readiness to come to the floor for a quasi-judicial hearing where the full council will accept evidence and make a determination under the zoning code. Several council members said they were likely to support forwarding the item from committee but noted they might oppose it on the council floor if it conflicts with adopted plan guidance.

Council Member Laura Alvidrez moved to forward the application; Council Member Torres seconded. The committee advanced the application to the full City Council for hearing; no roll-call tally was recorded in committee minutes.

What’s next: the staff packet lists a tentative City Council hearing date of Feb. 24; the applicant may continue mediation with neighbors before the floor hearing and council members may request additional packet materials or legal analysis in advance of committee or floor debate.