Developers unsure of next steps after Dallas permitting errors led to non-compliant home construction

Developers say they’re stuck after the city of Dallas issued stop work orders for homes under construction in a historic neighborhood.

It comes after the city admits it mistakenly issued build permits that didn’t comply with new zoning meant to protect the Elm Thicket / Northpark neighborhood near Love Field.

Diane Johnson sees a lot more than houses in the Elm Thicket / Northpark neighborhood she’s called home for 65 years.

“Memories, the sacrifice my dad made working two jobs to pay for it.”

Outside her childhood home Tuesday, Johnson says she can turn in any direction and see change.

New, larger homes tower over bungalows built in the 1940s in a historically black neighborhood just east of the runways at Love Field.

It’s prime real estate now where neighbors say they’re not against new homes if builds match zoning requirements. 

The modified zoning limits the heights and sizes of homes and comes with style requirements, like triangled shaped roof design to match the neighborhood.

Those requirements are the result of hard-fought, neighbor-led change two years ago.

Change, developers say the city’s permitting department couldn’t keep up with.

Danny Le is a homebuilder who is not building now in Elm Thicket.

“Apparently the zoning had changed and they didn’t know about it,” Le said.

Le says he broke ground on a duplex project on Victoria Avenue earlier this afternoon after the city’s permitting department approved the plans in May 2023.

His project is one of 19 stop work orders the city has handed out in recent weeks after it realized home projects were approved out of compliance with Elm Thicket zoning.

Le says under the updated zoning his duplex is under construction in an area zoned for single-family only and exceeds both height and home size limitations.

“Basically everything,” Le said about the project being now out of compliance. “The job site is abandoned, workers are out of work, materials are just sitting there rotting.”

“Nobody is getting answers right now.”

The city of Dallas says it’s still trying to figure out how the incorrect permits were issued.

Interim Assistant City Manager Robin Bentley said in an August 2 memo that initial fact-finding revealed permit applications reviewed between October 12, 2022, and June 2, 2023, were evaluated using outdated zoning information.

“In addition to resolving these specific Elm Thicket-Northpark permitting errors, staff is looking at larger systemic changes to ensure this type of error does not occur in the future,” Bentley said.

Le, who says he has projects in his native Boston and Dallas, is unsure of his next steps.  He says one option may include appealing the stop work order at the city’s board of adjustment later this month.

In the meantime, he says he’s losing money and confidence the project will be completed.

“It really messes with your confidence in the city,” Le said. If I build something else, are they going to come shut me down again?”

Elm Thicket / Northpark sits in portions of District 2 Jesse Moreno and District 6 Omar Narvaez city council districts.

Narvaez told NBC 5 on Tuesday developers were either part of or watching the high-profile zoning case back in 2022.

“A few bad actors chose to skirt the rules and take advantage for their own personal gain,” Narvaez said. “They hurt this community and they hurt Dallas. The next steps are simple. Follow the rules.”