- Neighborhood hero gets outpouring of support at hearing.
- Zoning case draws no opposition.
- Decision yet to come.
Denver attorney Daniel Markofsky never approaches a legal proceeding as if the outcome were a slam dunk.
However, at a Tuesday zoning hearing, there seemed to be a lot of factors in favor of Markofsky’s client.
Markofsky was seeking a zoning variance from Denver Board of Adjustments for John Rice, who has a car storage facility next to the garage that his father founded before Denver’s modern zoning code was created in the mid-1950s.
Rice had received a “cease and desist” order from the city, after someone had complained about using the backyard for storing cars, something he had been doing for decades.
However, no one showed up at the hearing in opposition.
Markofsky, by contrast, had more than 160 letters in support. More than two dozen people, including a Denver police officer, packed the hearing room, ready to testify in support of Rice. spoke in . The Concerned Citizens of Barnum Neighborhood Association, the Registered Neighborhood Organization, was in Rice’s corner. Markofsky provided the board with a variety of legal grounds to approve the variance.
After slightly more than an hour…no decision was reached.
“We didn’t win or lose just yet,” Markofsky said. “The board took it under advisement.”
The board ultimately decided it wanted to consult with its own city lawyer and Markofsky will submit a letter making the case on behalf of Rice.
Markofsky and Rice didn’t receive the outcome they wanted on Tuesday, but Markofsky remains hopeful it will be settled in favor of his client.
“I think the board members genuinely want to help him, but this case is so unusual, so unique, they want to be certain they have the authority before they act,” Markofsky said.
“Like I said before, I am truly passionate about this one. When I am John Rice’s age if just half that number of people came to support me on something, I would know I did something right.”
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