‘I Got Screwed’: Elm Thicket Builder Must Reduce Height, Change Roof on Victoria Avenue Duplex 

For the second time in as many months, the Dallas Board of Adjustment considered the appeal of an Elm Thicket builder who failed to follow zoning regulations due to an erroneously issued permit. But while Board members appeared to show grace to builder Akber Meghani last month, the outcome was drastically different in Tuesday’s hearing for builder Danny Le. 

Le first contacted CandysDirt.com in late July when a flurry of “stop work orders” were posted on projects in various stages of completion in the former Freedman’s Community near Dallas Love Field. 

City officials at the time admitted they stamped plans and issued permits for more than a dozen projects, neglecting the fact that Elm Thicket “downzoned” in October 2022, changing requirements for roof pitch, lot coverage, and height within the geographic area known as Planned Development 67. Changes to the PD also stipulated that duplexes could only be built on Mabel Avenue and Roper Street. 

Le told us over the summer that he’d already invested about $600,000 into his duplex at 6529 Victoria Ave. The options outlined in the stop work order were to come into compliance or appeal the ruling before the Board of Adjustment. After twice delaying a ruling on Le’s project, the builder’s day of judgment was Tuesday as he again faced the Board’s Panel A, chaired by former Dallas City Councilmember Dave Neumann. 

Neumann lobbied his colleagues to let Le have an out-of-compliance height but was shut down by Board members Michael Hopkovitz and Jay Narey. 

“I feel there was good faith on the part of the applicant,” Neumann said. “The building official, whether it’s the low-level person or the director, issued the permits and continued issuing green tags … The interpretation and the conflicting nature of [the code] leads me to believe that fairness and equity here falls on the side of the applicant.”

Board of Adjustment member Kathleen Davis noted that the process hasn’t been fair to anyone involved.

“If you’re getting a building permit and you’re getting the green slips, there’s no reason why you would question whether or not you’re able to proceed with building,” she said. “[Le] came back and is offering to change the design of the roof to comply a little bit more with the neighborhood. I want to be clear. This isn’t fair to anybody. It’s not fair to the neighborhood. It’s not fair to the applicant. It’s a bit of a mess and we all know it. But to change the design and rip off that third floor would be enormously expensive … That is not an equitable solution.”

Narey and Hopkovitz, however, refused to budge on the height.

“I believe the applicant is acting in good faith and did everything that they could, but at the same time, this individual board member has to weigh both the concerns of the applicant as well as the concerns of the neighborhood and the intent of the development code as amended by the City Council,” Narey said.

The lot coverage is a nominal difference; the height change is not, Hopkovitz added.

‘I Got Screwed’

Based on the Board decision on Tuesday, Le will have to modify the building height — it’s about 10 feet too tall — and roof type but can maintain the noncompliant lot coverage. Hopkovitz suggested the builder could come back and request a variance for the building height but there are no guarantees it would be approved.

Elm Thicket neighbors, several of whom spoke at Tuesday’s hearing, have maintained and submitted evidence that Le knew he was acting outside of the law, also refuting the allegation that the nearby Greater North Park Church of God in Christ supports Le’s three-story building. On Tuesday, Elm Thicket neighbors submitted this letter of opposition from the church leadership.

Elm Thicket resident Zac Thompson referenced the neighborhood’s years-long fight to protect itself from displacement and gentrification.

“You’re running African Americans and Brown people out of the City of Dallas,” Thompson said to the Board. “The only two areas you’re concerned about are Kessler Park and Preston Hollow. Give a damn about Elm Thicket/Northpark.”

Le told CandysDirt.com after Tuesday’s hearing that he “got screwed.” 

“I already spent $50k to build the third floor,” he said in a text message. “Reducing the height will lose $300k in value. I’m estimating another $50k to demo and build [a] new roof. But then it would cost me more to build than it is worth. And the lender already said they will call the loan. They’re not going to give me more money to build something worthless.”

Builder Akber Meghani, who found himself in a similar situation, appeared before the Board last month and was told that he could finish his duplex project at 6801 Tyree St. with minor but costly changes to the roof because the city erred in issuing the stop work order. 

Tyree Street Builder Wins ‘Stop Work’ Battle as Elm Thicket Neighbors Keep Fighting

Watch the video from the Nov. 19 Board of Adjustment.

Out of Compliance 

A Nov. 15 memorandum from Interim Assistant City Manager Robin Bentley states that in addition to Le’s appeal, 10 Elm Thicket property owners remain out of compliance. 

Two owners have filed addendums with the Planning and Development Department, which are under expedited review. This includes a new, revised permit application for Meghani’s 6801 Tyree St. project, which had its permits previously revoked and received a Board of Adjustment decision on Oct. 22. 

Four applications have been received for appeals for variances to the Board of Adjustment. Public hearings for three of these cases are scheduled for Dec. 17. Four property owners have not yet taken any action.

A webpage devoted to the Elm Thicket permitting saga tracks the projects. 

Elm Thicket Neighbors Continue to Fight 

After Tuesday’s public hearing, the advocacy group Save Elm Thicket issued the following statement:

“Let today’s Board of Adjustment hearing serve as a warning to all neighborhoods that Dallas officials such as David Neumann are more than willing to allow builders to break the law in order to build non-conforming properties. No neighborhood in Dallas is safe. Ellum Thicket/Northpark fought for these changes to protect the character of our historic Freedman’s Community. We will continue to do so. Builders who choose to build in Elm Thicket need to understand that any construction needs to conform to the building standards and we, the neighborhood, will be paying attention.”

Save Elm Thicket was founded by Gus and Mimi Perez. Mimi Perez is a weekly columnist and photographer for CandysDirt.com.