A developer in the Elm Thicket-Northpark neighborhood can continue construction on a non-compliant structure if he removes the third floor and changes the roof to preserve the neighborhood's character.
Danny Le got a "stop work" order while building a duplex on Victoria Avenue after Dallas officials realized city inspectors approved permits using outdated zoning information after the city limited the size and height of new homes. A panel with the board of adjustments, a volunteer commission tasked with reviewing appeals related to construction, authorized the size of the house but wasn't onboard with Le overshooting the height restrictions.
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The five-member panel looked at whether the city's building official erred in revoking the permits. Last month, the panel held Le's case back and allowed another builder, Akber Meghani, to resume construction with a larger lot size.
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With the concessions, Le said he wouldn't be able to make money on the development.
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The builder, who has cited the city's permitting error as the root of the issue, told board members he had finished building 50% of the structure. Since September, Le made tweaks to the roofing to comply with some of the regulations.
However, he had already constructed the building frame to include a third floor, and he'd need to dismantle the entire building to make any changes. His building is nearly 35 feet high, and the revised zoning limits it to 20 feet.
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"If I would have had to tear down this third floor, I would have spent more money buying and constructing this property than the house is worth. No lender, no bank, is going to be able to give me a loan to refinance this house," Le said.
In an August interview, Le told The Dallas Morning News he spent $400,000 to buy the land, $200,000 for construction, and any modifications would mean he'd need an extra $100,000. On Tuesday, Le told the panel that he's still paying interest on the paused construction and removing the third floor would lower the house's value by $300,000.
Le would have to file a variance appeal with the city to save the third floor, and that case, once again, would come to the board.
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Residents from the neighborhood pushed against allowing Le to continue construction.
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Gus Perez, one of the residents who has been writing about the issues in the "Save Elm Thicket-North Park" community newsletter, told board members he had public records showing Le was notified about zoning information for another property in the development, which includes the neighborhood.
Meanwhile, Kemeshia Richardson, another resident, said the building's height will negatively impact a church and its garden because any runoff water from rain would fall atop the neighboring property.
Blueprint for future appeals
Misty Ventura, Le's attorney, used the same argument Meghani's lawyer made last month and said though the zoning law limited the maximum lot coverage to 40% for new single- and multi-story homes and reduced height restrictions to a maximum of 25 feet from 30 feet, another provision related to development on vacant land allowed duplex buildings to go as high as 36 feet and cover 60% of the property.
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When it was time to vote, David Neumann, the panel's chair, who was wrestling with the green tags city inspectors had given Le repeatedly, introduced a motion to reverse the city's challenge to the property's height and lot coverage and affirm the city's revocation based on roofing standards.
Kathleen Davis, the District 1 board member, agreed with Neumann.
"I believe the applicant also has made an effort to do what he can do, and he's modified that roof design to be more compliant," Davis said. "I appreciate that, and this is not an easy decision, but I do believe that this is the most equitable decision."
The discussion was briefly interrupted when a frustrated audience member, tuning in online, said an expletive. Neumann asked for order in the chamber.
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Opposition came from District 12 and District 6 representatives Michael Hopkovitz and Jay Narey, who were against reversing height restrictions.
Hopkovitz said the board's decision to allow 35-foot duplexes on vacant lots would set a precedent one way or the other.
"I don't see how we interpret it one way today and another way tomorrow when the next person who has a vacant lot starts to put up a 35-foot property," he said. "For us to decide it means one thing today and it means the exact opposite tomorrow would be very unfair and uncharacteristic for what our charge is."
Neumann's motion failed as a reversal of the city's position required at least four of five members to approve the motion. After another vote, the board affirmed the city's decision on height requirements.
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Jonathan Maples, the neighborhood's president, told The News Neumann had given other builders "a blueprint of how to come to Panel A and get a win."
"I'm pissed," Maples said. "We did all the work we had to do for seven years. We dotted every "I." We crossed it. But all the compassion from the board of adjustments is for the builder?"
In 2022, the City Council approved zoning changes to prevent displacement and preserve the area's legacy as a former freedmen's town east of Dallas Love Field airport.
The torrid zoning fight continued for more than five years, and the neighborhood was split in a contentious debate preceding the vote. Residents against the zoning changes said they risked infringing on property rights and were unlikely to stop gentrification amid rising property values.
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Earlier this year, a community advocacy group, Save Elm Thicket, began reporting new construction that didn't align with zoning and other requirements of the planned development district.
Some homes on Linwood Avenue and Roper Street had the wrong type of roofing. Le built a duplex, which the new zoning didn't allow on that lot. As of Nov. 15, 11 developments were still non-compliant. Among those, four filed appeals to the board. Public hearings for three of these cases are scheduled for Dec. 17.
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