City and County of Denver v. Redding-Miller, Inc.

347 P.2d 954, 141 Colo. 269, 1959 Colo. LEXIS 294

• Court: Supreme Court of Colorado
• Decided: December 14, 1959
• Docket: 19023
• Status: Published

Opinions

Mr. Justice Moore

delivered the opinion of the Court.

J. D. Arehart, Zoning Administrator of Denver, and the City of Denver seek review by writ of error of a judgment entered by the district court affirming the holding of the Board of Adjustment of the City and County of Denver. This judgment granted certain variances under the zoning ordinance of the City and County of Denver, and strict compliance with said ordinance was not required.

The trial court dismissed the claim of the City and County of Denver on the ground that it had not participated in the proceedings before the Board of Adjustment, and hence was not a proper party. In so ruling, the trial court committed no error. Denver v. Kuehn, 132 Colo. 343, 2.90 P. (2d) 1114.

The variances applied for by Redding-Miller, Inc., related: (1) To the ratio of floor area to ground area as set forth in the ordinance; (2) a reduction of the space requirement between buildings; and (3) the amount of space to be devoted to the use of off-street parking. The holding of the trial court was that the Board of Adjustment had acted within the powers granted to it by the applicable ordinance in that its determination was based upon specific findings of fact and that it did not appear that there was abuse of discretion or excessive exercise of jurisdiction.

With reference to the variances granted in connection with requirements other than off-street parking, we agree with the conclusions drawn by the trial court. With reference to the question of off-street parking, our opinion in Denver v. Denver Buick, Inc., announced December 5, 1959, fully disposes of the contentions of the parties on that subject.

The judgment is affirmed.

Mr. Justice Sutton, Mr. Justice Day and Mr. Justice Doyle dissent.