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DTC and Neighbors Reach Agreement

January 22, 2019 / Comments (0)

General News

Much of what the Association does on behalf of the neighborhood is not broadcast because it may be of a more private nature, such as a dispute between neighbors over a fence or property line.  Because one neighbor may not have the happier of outcomes, we don’t often broadcast those events.  This is an outcome that we are happy to share because it highlights the collaborative work the Zoning Committee and supportive neighbors do behind the scenes for the neighborhood.  Over the past several months, Larry Cohen and Tom Hart of your Association, City Councilwoman Susman, the Denver Assessor, and two attorneys – Norton Cutler working for the Denver Tennis Club and David Foster working on behalf of the nearby neighbors, all assisted the Denver Tennis Club, one of our oldest neighbors in Hilltop (100 years!) to achieve a creative solution that will save them money and avoid a prolonged rezoning application process.

The matter originally came to the board as a request for a zoning change from R-1 to Open Space, with the DTC’s goal a reduction in their property tax commensurate to other recreation facilities.  At a meeting with the neighbors and their attorney, the DTC attorney and Tom Hart and I representing the Association, a proposal was made to explore options that would lower their taxes but not change the zoning.  The two attorneys met with the city Assessor and our Councilwoman and came up the idea of a restrictive covenant for the Tennis Club Property. The Restrictive Covenant ensures that the Property remains a tennis club/community recreation facility in perpetuity. The Restrictive Covenant is a private agreement that will be recorded in the Denver Real Property Records and will encumber the Tennis Club Property. The restrictive covenant is enforceable by CPHCA – as the benefiting party to the agreement. This means that the Restrictive Covenant cannot be amended or modified without CPHCA’s prior written consent.

At our most recent Zoning Committee meeting on Dec 13, 2018, this matter was reviewed, discussed and approved pending a question about the language between the covenant and the attorney for the neighbor’s cover letter/email.  Regarding this question, two of our board directors (who are attorneys) have reviewed the document and see no issue.  Zoning Committee recommended approval of the restrictive covenants by the entire board of directors of the CPHCA and it was approved unanimously on Dec 21, 2018.   

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