The Denver City Council on Monday voted 11-1 to reject a rezoning proposal that would have opened the door for a private pool to be constructed just off of West 38th Avenue in the West Highland neighborhood.
A majority of council members found that that request did not meet the criteria for changing the types of structures that could be built on land that today is zoned for housing.
“I don’t think this is a close question. I don’t see the justifying circumstances … whereas the current zoning makes perfect sense,” Councilwoman Sarah Parady said of keeping the residential zoning in place on the land.
That overwhelming rejection came in the light of neighbors blasting a project that they argue would cater only to the privileged few in a part of the city that has seen rampant gentrification over the last 15 years.
In an hours-long public hearing, more than a dozen West Highland residents voiced their staunch opposition to turning the property at 3719 N. Wolff St. into privately owned open space. Conferring that zoning on the roughly three-quarters of an acre lot was a critical first step to developer Ilan Salzberg’s plans to create a private swim club there.
“I do not believe opening a private luxury pool club catering primarily to well-off rich people belongs in a diverse neighborhood of working-class young families and retirees, many of whom cannot afford to join,” said Richard Rosen, a nearby neighbor who helped circulate a petition that gathered 116 signatures in opposition to the project.
Rosen argued the lot would better serve Denver’s needs if it were turned into multifamily housing.
Salzberg, who also lives in west Denver and has developed affordable housing, argued that the city’s planning documents supported the need for more recreational opportunities in the area.
In the rezoning application he filed, he cited new residential density in northwest Denver and climate change as justifying reasons to bring a private pool to the area.
“Tennyson Street is adding (hundreds) of residential units overcrowding existing pool and other outdoor amenities,” the application reads in part. “Colorado is also suffering record heat and longer warm seasons. The demand for spaces to stay cool is on the rise as area heat shows no signs of relenting in the coming years.”
In his comments Monday, Salzberg told the council he knew neighbors would lash out negatively against his plans during the hearing but emphasized he had reached a good neighbor agreement with the West Highland Neighborhood Association that set parameters around hours of operation, noise, parking and other impacts.
That agreement fell on deaf ears when even one of the neighbors who signed it decried the public outreach process that led to its creation.
Council members grilled Salzberg on how much he planned to charge for membership at the pool. He explained that his plan was to sell lifetime members at three levels that would convey partial ownership to members. He expected those levels to range in price from $15,000 to $30,000.
“It’s significant but if you’re a lifelong swimmer it’s a good investment,” he said.
The one vote of support from the project Monday came from Councilwoman Amanda Sawyer, who criticized her colleagues for opposing the application based on what she perceived as a broad dislike for the final project and not the legal criteria for approving a zoning change.
“I certainly understand the frustration of the idea of a use that might be not in line with our equity goals, but that’s not the decision we get to make,” Sawyer said. “Private property owners get to do with their property what they want, even if we hate it.”
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But ultimately the rest of the body fell more in line with the arguments of Councilman Paul Kashmann, who said he is inundated with calls for more housing in the city.
“I’ve never gotten a call in 10 years on council about someone wanting more private swimming pools,” Kashmann said.
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