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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Black said the minor adjustment approved Monday was drafted out of respect for “owners in owner-opposed (landmark) designations who didn’t feel that they had the opportunity to present.”
Councilwoman Amanda Sawyer had just taken office in 2019 when the Tom’s Diner application was inflaming passions around property rights and historic preservation. She mentioned the controversy before voting yes Monday saying that she was glad the council was making the changes.
The applicants trying to preserve Tom’s Diner backed out ahead of a likely defeat at the City Council but the Googie-style diner with its angular roof was saved anyway when owner Tom Messina agreed to sell it to a real estate company that is renovating it with plans to reopen it this year as a restaurant.
Historic landmarks in Denver are subject to preservation rules that prevent their demolition and limit changes owners can make to the property without city approval.
