Denver DHA rezoning advances after 5-0 committee vote; neighbor cites Hazel Court concerns

Denver’s Community Planning and Housing Committee voted 5-0 Sept. 1 to approve the Denver Housing Authority’s request to rezone three west Denver properties for filing. Two council members were absent, and the action was not final rezoning approval, committee minutes show.

The matter is tentatively scheduled for a full City Council public hearing Oct. 13. The records provided do not show that final council action has occurred.

The properties, all in Council District 3, are:

• 76 N. Hazel Court, a 6,250-square-foot parcel;
• 80–90 N. Yates Street, a 12,500-square-foot parcel; and
• 4519 W. 3rd Avenue, a 6,670-square-foot parcel.

The rezoning application proposes changing each property from E-SU-Dx to E-TU-C. The district permits one- and two-unit residential development, including Urban House, Duplex and Tandem House forms, as well as detached accessory dwelling units. It requires a minimum 5,500-square-foot zone lot and allows buildings up to 2.5 stories or 30 feet, according to the city’s staff report.

The sites are part of DHA’s Single Family+ Affordable Homeownership Pilot Project. DHA has described a plan to retain ownership of the land while Habitat for Humanity of Metro Denver manages long-term land leases for income-restricted homes. Existing primary homes are expected to remain, with tandem homes built behind them. The records do not specify unit counts or a construction timeline.

The Yates Street parcel appears to be a single zone lot and might require a zone-lot amendment to create two lots for planned tandem-home structures. Rezoning alone would not authorize construction.

Neighbor cites Hazel Court maintenance concerns

In an Aug. 27 letter to Councilwoman Jamie Torres, Barnum resident Aaron Madrid Aksoz, who identified himself as a neighbor at 72 N. Hazel Court, opposed the proposed rezoning at 76 N. Hazel Court. He wrote that the change could allow a second housing unit there.

Aksoz said he supports affordable housing but alleged that the existing home has nonfunctioning windows, leaks after rain, damaged siding, fascia and roofing, and extensive Tree of Heaven growth that could threaten the foundation or complicate construction. He also predicted construction noise, congestion, possible fence or vehicle damage and traffic effects on W. 1st Avenue. The letter also alleged frequent police calls at the property and warned that another unit could increase disruption and residents’ anxiety.

The letter’s descriptions, the number and nature of any police calls, and the predicted construction impacts were not independently established in the records provided.

Torres said during the committee discussion that DHA had sent staff to inspect the property and found contradictions with Aksoz’s account. She did not identify those contradictions or provide an inspection report. The records also do not include a detailed DHA response to the maintenance, police-call or construction-impact allegations.

The staff report describes the sites as low-scale, local-street residential settings and says the proposed change would allow modest housing growth. Development Services-Transportation returned the referral as “Approved – No comments.” The report does not include a project-specific traffic study, construction-management plan, noise plan, tree assessment or mitigation commitments. It said no comments from a registered neighborhood organization or the public had been received as of Aug. 27, although the official matter record includes Aksoz’s letter.

Pause’s application remains unclear

Aksoz also questioned whether the proposal is consistent with a pause on private rezoning requests in Barnum and other west Denver neighborhoods. The available records do not establish the pause’s operative language, boundaries, effective dates or whether it exempts public or affordable-housing proposals.

Planning staff found the request consistent with the 2023 West Area Plan, citing policies supporting missing-middle housing and greater allowances when one or more units provide long-term affordability. Torres said the West Area guidance did not stop all rezonings and that west-area rezonings could continue when affordability was addressed.

Those statements explain the city’s planning rationale but do not resolve Aksoz’s concern about whether public and private applicants are being treated differently.

If the rezoning is approved, it would change permitted land uses but would not guarantee construction. The records do not establish final site plans, building permits, repair commitments for the Hazel Court home, traffic or noise controls, sale prices or buyer-selection rules.