A panel Tuesday reversed the city of Dallas's decision to stop the construction of a home that was out of compliance with zoning regulations in the Elm Thicket / Northpark neighborhood.
The Board of Adjustment, Panel A, took three votes late Tuesday regarding a duplex under construction at 6801 Tyree Street. Two of them reversed a decision from the city of Dallas's planning and development department.
The panel disagreed with a building official's decision to issue a stop-work order on the duplex earlier this summer. Originally, the city said the duplex was built on a single-family lot and exceeded the lot coverage for a single-family home.
By reversing the city, the panel determined the duplex was well under the 60% lot coverage for a duplex.
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The Board then affirmed the city official's ruling that the home was out of compliance due to its excess height and roof design.
Several neighborhood advocates attended the hearing and addressed the board during public comment, urging the panel to affirm the city's decision.
Jonathan Maples, president of the Elm Thicket Northpark Neighborhood Association, told the panel that builders knew of the new zoning rules and chose to build structures out of compliance.
“The builders do what they want to do, and they believe in the old saying, forgiveness over permission," Maples said.
Tuesday marked the resumption of a hearing on two homes in the historically Black neighborhood near Love Field that started in September without a resolution.
Dallas Cothrum, representing the builder on Tyree Street, said he would invest another $88,000 in the project to bring the structure into compliance with height and roof style but could not change the duplex to a single-family home without tearing down a nearly complete build.
"Our suggested changes, none of this is good for us," Cothrum said. "We’re just trying to not go out of business.”
The city of Dallas has said construction permits were issued in error to builders after Elm Thicket received updated zoning changes in late 2022.
The same panel on Tuesday voted to hold over a decision on another red-tagged home in Elm Thicket until its meeting on November 19.
Builder Daniel Le told NBC-5 he can't afford to tear down the duplex under construction at 6529 Victoria and start over.
"If they (board of adjustment) tell me I can’t build this house, I have no other options but to let the bank take it," Le said Tuesday.
