Milwaukee Street Project Summary

Many members of CCNNA recall that, beginning in the spring of 2017, the owner/developer of the large undeveloped property across from the library at 320–360 Milwaukee sought to rezone the property for a multi-story condominium project. The Board of CCNNA opposed the developer’s rezoning attempt since the developer was not able to reach agreement with the immediate neighbors on the size or design of the project for the processing of an agreed ‘planned unit development’ rezoning. The property is in located the middle of CCN and the developer’s proposal initially included more units than would be allowed in the CCN G-RH-3 zoning would allow.  The developer worked with the immediate neighbors and the CCNNA Board to try to reach agreement, but were unable to do so in a way that would honor the current zoning and the expectations of the neighbors based on the existing zoning.  The developer then revised its project plan to include 14 stacked condominium units with all entrances facing Milwaukee Street and with stairs and elevators leading to the second and third floor units. Their proposal is similar to an apartment building form, which is not allowed in the current Cherry Creek North (CCN) neighborhood zoning of G-RH-3 (General, Row House, 3-Story) which allows only single family, duplex, and row house building forms and does not allow units to be stacked like multi-story apartments or condominiums.

The CCNNA Board and the immediate neighbors concluded that any rezoning of the property was not proper and sent a letter of opposition to the City. Accordingly, the developer then sought an interpretation of the zoning code through Denver Planning Department that would allow its project. When the developer’s desired interpretation of the zoning code was denied by the City, the developer then sued the City and others (including Councilman New). The lawsuit was settled with the City agreeing to allow the developer to appeal to the Board of Adjustment.  

At the CCNNA General Resident Meeting held on Tuesday, May 28th at Bromwell School at vote was taken regarding the Milwaukee Project Board of Adjustment Application. Paid CCNNA Members could vote to Approve (meaning they support that the Application should be GRANTED)  or Disapprove (meaning they OPPOSE the Application and urge that it be DENIED). The total voting from the meeting last week is as follows:  117 Disapprove and 1 Approves. 

On June 11, the Board of Adjustment ruled in accordance with the CCNNA position statement which was to DENY the Developer's Appeal. 

We will continue to add information to this webpage as the CCNNA process continues.

Important Related Documents:

BOA Decision

CCNNA Position Statement on the Milwaukee BOA Appeal

Board of Adjustment Application

Project plan proposed by Developer

Initial CCNNA letter in opposition (dated Feb 2018)

CCNNA letter  objecting to revised plan of developer as being non-compliant with zoning (dated Nov 2018)

Settlement Agreement (to which are attached pertinent exhibits including letter from Chris Gleissner denying the developer project, which is the basis for the BOA appeal)

Absentee Ballot to vote at May 28th meeting
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