Landmark designation lawsuit paused with ‘out of court resolution’ possible

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The home at 1741 Gaylord St. dates to the early 1900s. (Courtesy Historic Denver)

A lawsuit filed against the City of Denver over an owner-opposed landmark designation has been paused for six months.

A Denver District Court judge last week stayed the litigation over the home at 1741 Gaylord St. in the City Park West neighborhood until late April.

The lawsuit was filed in May by 1741 Gaylord LLC, led by Denver developer Mike Mathieson. He and partners purchased the 120-year-old home on 0.36 acres in 2021, planning to demolish it and construct an apartment building.

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Michael Mathieson at a property he owns in March 2023. (Hyoung Chang/The Denver Post)

After Mathieson signaled his intention to demolish, however, nearby residents lobbied the city to designate the structure a landmark, which effectively prevents demolition. They cited the home’s previous occupants, its style and the architecture firm that designed it, and argued new housing could still be built on the rear of the lot if the home was preserved.

In late April, with all members in attendance in favor, the City Council voted to landmark the home.

Mathieson’s lawsuit asked the court to overrule that decision. But in an October filing requesting the six-month pause, he signaled an alternate resolution might be possible.

“There is a potential and plausible out of court resolution of the case related to lot adjustment  and zoning options that take considerable time to explore and realize due to the nature of the planning  and zoning process,” the developer’s filing states.

The city did not oppose the request for the pause.

Reached Thursday, Mathieson declined to comment on the case. The City Attorney’s Office also declined to comment. Mathieson is being represented by attorneys R. Parker Semler and Andrew Oh-Willeke of Denver’s Semler & Associates.

The April vote was just the second time that the City Council voted to landmark an individual structure against the wishes of its owner.

Mathieson’s other projects in the works include a Sonder hotel next store to the 1741 Gaylord property, a 17-story apartment building by the 38th and Blake station in RiNo and the redevelopment of a salvage yard also in RiNo.

IMG 0178 scaled

The home at 1741 Gaylord St. dates to the early 1900s. (Courtesy Historic Denver)

A lawsuit filed against the City of Denver over an owner-opposed landmark designation has been paused for six months.

A Denver District Court judge last week stayed the litigation over the home at 1741 Gaylord St. in the City Park West neighborhood until late April.

The lawsuit was filed in May by 1741 Gaylord LLC, led by Denver developer Mike Mathieson. He and partners purchased the 120-year-old home on 0.36 acres in 2021, planning to demolish it and construct an apartment building.

TDP L yotayard033123 cha 555

Michael Mathieson at a property he owns in March 2023. (Hyoung Chang/The Denver Post)

After Mathieson signaled his intention to demolish, however, nearby residents lobbied the city to designate the structure a landmark, which effectively prevents demolition. They cited the home’s previous occupants, its style and the architecture firm that designed it, and argued new housing could still be built on the rear of the lot if the home was preserved.

In late April, with all members in attendance in favor, the City Council voted to landmark the home.

Mathieson’s lawsuit asked the court to overrule that decision. But in an October filing requesting the six-month pause, he signaled an alternate resolution might be possible.

“There is a potential and plausible out of court resolution of the case related to lot adjustment  and zoning options that take considerable time to explore and realize due to the nature of the planning  and zoning process,” the developer’s filing states.

The city did not oppose the request for the pause.

Reached Thursday, Mathieson declined to comment on the case. The City Attorney’s Office also declined to comment. Mathieson is being represented by attorneys R. Parker Semler and Andrew Oh-Willeke of Denver’s Semler & Associates.

The April vote was just the second time that the City Council voted to landmark an individual structure against the wishes of its owner.

Mathieson’s other projects in the works include a Sonder hotel next store to the 1741 Gaylord property, a 17-story apartment building by the 38th and Blake station in RiNo and the redevelopment of a salvage yard also in RiNo.

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