Denver council rejects rezoning request for 1965 Verbena after split vote

Denver City Council on Feb. 17 rejected a rezoning request for a single lot at 1965 Verbena Street in East Colfax after a divided debate over housing goals and adherence to adopted plans.

Community Planning and Development planner Joe Green presented the staff report, saying CPD recommends denial because the request to reduce the minimum lot size (from ESUDX to ESUB) does not meet Blueprint Denver and the East Area Plan guidance on when smaller‑lot rezonings are appropriate. "Staff is recommending denial," Green said, outlining CPD’s lot‑size analysis and its interpretation of the "surrounding blocks" test used in the East Area Plan.

The applicant, homeowner Pavel Demshchenko, told council he bought the property in 2017, described the lot as deep (about 9,300 square feet) and said he intends to subdivide it to create two single‑family homes as part of a personal effort to address the housing shortage and to provide housing for refugees he is helping. "I want to be a part of the solution for [the] housing shortage in Denver," he said during his testimony.

Planning board members had voted unanimously to recommend approval and cited an existing pattern of smaller lots in nearby blocks; CPD staff disagreed, saying adjacent blocks do not show an established pattern and the East Area Plan limits departures except through larger area changes or future regulatory processes. Several council members described the choice as a difficult one: supporters framed the rezoning as modest infill consistent with Blueprint Denver’s goals to add housing where appropriate, while opponents warned that approving an exception could create an unfair precedent and undercut neighborhood planning guidance.

Council debate focused on precedent, plan consistency, and the timing of the citywide "Unlocking Housing Choice" workstream that may change rules for additional primary units. Some members urged patience until the larger program is finalized; others said denying a reasonable infill opportunity would perpetuate the housing shortage.

The roll call on council bill 25‑21‑38 resulted in 5 ayes and 6 nays, and the rezoning failed. Council members opposing the rezoning said they were upholding the city’s adopted plans and fairness to applicants who followed the small‑area planning process; members voting yes said the rezoning would produce more housing that fits the neighborhood scale.

What’s next: CPD said the applicant must wait 12 months before filing an identical rezoning application, or may pursue options under future Unlocking Housing Choice regulations if and when they are adopted.