Denver homeowner unexpectedly embarks on 2.5-year battle with city zoning

Denver homeowner EJ Braquet built a pergola over his back patio for his aging mother back in 2023. She can no longer make it to the nearby park, so he wanted to give her a shaded spot in the backyard to get outside. However, he could never have imagined what happened next. 

"I basically said I don't want to cut any corners," said Braquet. "I want to build it right and build it nice."

Little did he know that his backyard project would spark a multi-year battle with the city.

"Didn't have anything to hide, didn't realize I needed a permit at the time, I thought this was very similar to what you could buy at Costco and assemble yourself," Braquet said.

Braquet says he was contacted by city zoning after a neighbor reported the structure. Retroactively, he began the permitting process. But it didn't stop there. 

"The pergola was no longer even remotely being talked about. It was all about my garage and my shed," Braquet added.

After the city did some digging, he was told that his garage, built in the 80s by a previous owner, and his shed both violated the code. The Board of Adjustment is now requiring him to move the shed to a corner in his backyard.

"They approved the variances for the garage and denied the variances for the shed," said Braquet. "There's a big tree where you think the shed could go. Is it fair that you asked this guy to put it on his back patio? I guess their opinion is, 'Well, that's not our problem.'"

After 2.5 years and nearly $2,000 in fees, Braquet says he's out of options. 

"I built this without a permit; I made a mistake. But where does the buck stop with the city?" he asked.

Braquet said he's spent hours and hours dealing with the issue, "Hundreds. Not including sleepless nights."

They continue to add up, as he's still working to get the pergola approved and was mandated to hire an architect. 

"I now have to have him do building drawings for this to submit back to the building department, to then get a building permit for this, and go through all the inspections and all the necessary requirements there," he explained.

Denver City Councilman Kevin Flynn was notified of Braquet's situation and reached out to him. The councilman says he is looking into the possibility of establishing a statute of limitations for good-faith homeowners.