Botched Permits: Elm Thicket Duplex Builder Told to Compromise With Neighbors, Appeal Deferred

The Dallas Board of Adjustment came down hard Tuesday on a builder who constructed a duplex on a lot with improper zoning. Then the panel came down even harder on the city officials who issued permits and approved plans based on outdated codes. 

“I’m embarrassed for the city,” said Dave Neumann, a former District 1 city councilman who chairs Panel A of the Dallas Board of Adjustment.

As CandysDirt.com first reported in late July, Dallas officials issued 14 stop work orders, notifying builders in the Dallas Love Field-area neighborhood of Elm Thicket that their projects did not comply with updated zoning passed nearly two years ago — city-issued permit or not. Seventeen more letters were issued Monday advising builders that their projects were in violation of the current zoning.

What Can the Board of Adjustment Do About Elm Thicket’s Erroneously-Issued Building Permits?

Builder Akber Meghani received a stop work order in the first round of notices and immediately filed an appeal. He also hired a zoning consultant and was represented Tuesday by Dallas Cothrum, president of Masterplan.

“My client … is a customer of the City of Dallas,” Cothrum said. “He pays a fee for a service that involves building inspection. In this instance and in about 20 others, the City of Dallas failed the customer. When I make a mistake I try to apologize and I try to fix it.”

Following several hours of testimony that resembled a courtroom more than a city hall, Neumann and other panelists on the five-member Board of Adjustment appeared baffled that a builder could construct a whole duplex without knowing that was a zoning violation — and that city officials would allow such construction to take place, only issuing the stop work orders once construction was significantly complete on many of the projects. 

In Meghani’s case, if the Board of Adjustment denies his appeal, his only option is to tear down and take a huge financial loss, Cothrum said. The building itself is a zoning violation, along with the roof and the percentage of the total lot that the duplex covers. Elm Thicket/Northpark residents say they have proof that Meghani knew of the October 2022 zoning changes and therefore the builder caused “self-inflicted harm.”

Board of Adjustment members agreed Monday that they didn’t want to completely revoke the stop work order on Meghani’s project at 6801 Tyree St., nor did they want to fully affirm it.  What they’d like to see, Neumann said, is for the builder to reach a compromise with the neighbors, with the understanding that the Board doesn’t have to agree to their proposal. Meghani’s case was deferred to the next Panel A meeting on Oct. 22. 

Residents representing the Save Elm Thicket activist group issued the following statement after the meeting.

“We are extremely disappointed that the Board of Adjustment members delayed a decision that should have been an easy one to make. 

The builder for the Tyree property admitted that he knew about the changes in the zoning and chose to build a structure that is non-conforming. The Elm Thicket neighborhood is the only group who did everything right and did everything the city requested and that is not enough to hold a rogue builder to account. 

This is why the city of Dallas has no soul. There is little desire to preserve our historic neighborhoods while ‘progress’ comes at the expense of Black and Brown neighborhoods. 

Save Elm Thicket will return in October to speak up for our neighborhood again.”

— Save Elm Thicket

Streamlining Elm Thicket Cases 

Prior to Panel A’s briefing Tuesday, representatives from all three Board of Adjustment panels (A, B, and C) voted to consolidate the Elm Thicket/Northpark appeals to a single panel to ensure consistency and fairness. Panel A will consider each of the Elm Thicket cases arising out of permitting issues in Planned Development 67 between Oct. 12, 2022 and Aug. 31, 2024.

The 11-3 vote to consolidate the appeals, suggested by the City Manager’s Office, sparked concerns that the process could stretch out for months, placing an undue burden on neighbors who wish to attend each public hearing. It would be more efficient, said Board member Sarah Lamb, to allow all three panels to consider appeals. 

Neumann said he was concerned about Planning and Development staff dragging their feet on the matter while half-baked construction projects sit in the middle of the Elm Thicket neighborhood.

“By dragging this out, you are doing a disservice to all involved,” he said. 

Several residents touched on the grueling process of initiating zoning changes within a particular Planned Development District and how important it is for Elm Thicket/Northpark — a former Freedman’s Community — to preserve its character and protect against displacement and gentrification. 

Karen Roberts, a Mount Auburn resident, pleaded with the Board to rule in favor of the neighborhood rather than the builders.

“The work these people went through to get their protection and have the city overlook it and violate their agreement,” she said. “I’m here to say don’t sacrifice this neighborhood because of the mistakes of the city government. Honor these people, honor their request, and honor the history of our city and these neighborhoods.” 

The latest update from City Hall on the Elm Thicket building permit issue is outlined in this memorandum filed Sept. 6 by Interim Assistant City Manager Robin Bentley. In the memo, Bentley states that 139 of the 172 investigated sites are in compliance. Fourteen violations are outstanding, 12 addendums are pending, and two appeals are pending. 

The two appeals mentioned in the memo were Meghani’s and builder Danny Le‘s project at 6529 Victoria Ave. Le’s case was also deferred to October because the Board of Adjustment lost quorum at 6:15 p.m. and had to end Tuesday’s meeting.

This story is developing and will be updated as more information becomes available.