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Tom’s Diner invoked as Denver council finalizes landmark ordinance change

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The owner-opposed landmark application for the Tom’s Diner building on East Colfax was pulled before the City Council could vote on it in 2019, but the controversy was still fresh on some councilmembers’ minds Monday when they voted to tweak the city’s landmark ordinance to give property owners more of a voice in the process.

The council voted unanimously Monday to grant property owners time to provide their own presentations explaining why they feel their property should not be a landmark if an application is filed against their will. The way the ordinance was written before Monday’s vote, applicants were given time to give a presentation stating their case for preservation but property owners had to sign up to speak as part of the broader public hearing, capping their time at three minutes.

The vote Monday also tweaked hearing rules for the creation of historic districts that contain multiple structures. Property owners in potential district boundaries can now cede their time to one speaker who can deliver a longer presentation.

Controversy has been bubbling around the landmark process for years in Denver despite the fact that just one structure — the former Beth Edens Baptist Church at 3241 Lowell Blvd. — has ever been designated a landmark against the owner’s will. That vote came in 2014.

Councilwoman Kendra Black helped shepherd Monday’s ordinance changes through the council process. She and her colleagues looked at stronger measures too. Ideas included setting the threshold for owner-opposed landmark applications at a 10-vote supermajority.



The owner-opposed landmark application for the Tom’s Diner building on East Colfax was pulled before the City Council could vote on it in 2019, but the controversy was still fresh on some councilmembers’ minds Monday when they voted to tweak the city’s landmark ordinance to give property owners more of a voice in the process.

The council voted unanimously Monday to grant property owners time to provide their own presentations explaining why they feel their property should not be a landmark if an application is filed against their will. The way the ordinance was written before Monday’s vote, applicants were given time to give a presentation stating their case for preservation but property owners had to sign up to speak as part of the broader public hearing, capping their time at three minutes.

The vote Monday also tweaked hearing rules for the creation of historic districts that contain multiple structures. Property owners in potential district boundaries can now cede their time to one speaker who can deliver a longer presentation.

Controversy has been bubbling around the landmark process for years in Denver despite the fact that just one structure — the former Beth Edens Baptist Church at 3241 Lowell Blvd. — has ever been designated a landmark against the owner’s will. That vote came in 2014.

Councilwoman Kendra Black helped shepherd Monday’s ordinance changes through the council process. She and her colleagues looked at stronger measures too. Ideas included setting the threshold for owner-opposed landmark applications at a 10-vote supermajority.

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