What started as a simple backyard shade project for an aging parent has turned into a 2.5-year grind with Denver's zoning and permitting offices, according to the homeowner at the center of it all.
Denver resident EJ Braquet says the trouble began in 2023, after he put up a pergola in his yard and a neighbor reported the structure to the city. Braquet then entered a retroactive permitting process that he says quickly spiraled beyond the pergola itself. As reported by CBS Colorado, the city review shifted to focus on a detached garage that Braquet says was built in the 1980s by a previous owner, along with a backyard shed.
According to Braquet, the Denver Board of Adjustment approved variances for the older garage but denied relief for the shed and ordered it moved to a corner of the lot. He told CBS Colorado that he has had to bring in an architect, pay nearly $2,000 in related fees, and spend "hundreds" of hours dealing with paperwork and hearings. Braquet says the long-running case has taken a toll both emotionally and financially.
What Denver's Board of Adjustment Can Do for Your Project
The Board of Adjustment handles appeals and variance requests that fall under the Denver Zoning Code and runs on a formal schedule with filing deadlines, evidence rules, and public hearings, according to the Board of Adjustment for Zoning. The board now holds semi-virtual hearings, posts its dockets and recent decisions online, and has updated its variance criteria and procedures.
At the same time, the city has been reshaping broader land-use rules in an effort to expand housing choices and clarify how projects get reviewed. That work includes a 2024 Citywide ADU measure that opened the door for accessory dwelling units in all residential areas of Denver, according to the City of Denver Community Planning & Development.
Councilmember Floats Protections For Good-Faith Homeowners
Denver City Councilmember Kevin Flynn was alerted to Braquet's situation and, according to CBS Colorado, told the homeowner he is exploring whether a statute of limitations or other guardrails could be added for residents who make honest mistakes when taking on home projects. Flynn's involvement suggests Braquet's case has hit a nerve at City Hall, where some officials are weighing how strictly to enforce rules when an owner is trying to clean up unpermitted work instead of hiding it.
What Denver Homeowners Should Keep In Mind
For anyone eyeing a backyard upgrade, the takeaway is not especially glamorous: check the permit requirements before you dig a post hole or pour concrete, and get everything in writing. Homeowners who hear from city staff should keep detailed records of emails and phone calls and move quickly to address any flagged issues.
If enforcement does land in your mailbox, options include filing an appeal or variance request with the Board of Adjustment, hiring a licensed architect to prepare any drawings the city requires, or contacting your council office for guidance. Braquet's long-running dispute is a pointed reminder that even a modest shade structure can set off a complicated municipal process that brings extra time, cost, and stress, and that some of the rules guiding those outcomes could still be up for debate.
