Board of Adjustment Delays Decision on Elm Thicket Duplex Variance 

We’ve been closely following the story of home builder Danny Le, who was ordered to halt construction on a duplex in Dallas’ Elm Thicket/Northpark neighborhood after it was discovered that City-issued permits were doled out erroneously, based on old zoning regulations that changed more than two years ago. It appears the story is far from over, and the Dallas Board of Adjustment — a panel that has said repeatedly it doesn’t want to kick the can down the road — is doing just that. 

Le appeared before the five-member Board of Adjustment Panel A this week for the fourth time. He previously protested the issuance of a stop-work order and was denied but told he could come back and request variances for a non-compliant building height and roof type at 6529 Victoria Ave. After Le submitted a PowerPoint presentation and reviewed his proposed compromises, the Board discussed the case once again. Panel A lost its quorum as the meeting dragged past 6 p.m. Monday, and Le was asked to return on Jan. 21. 

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

Watch the Dec. 9 Board of Adjustment meeting here. 

Danny Le’s New Proposal 

Le, the founder of F80 Capital, was the first to contact CandysDirt.com in late July when a flurry of “stop work orders” were posted on projects in various stages of completion in the neighborhood near Dallas Love Field. 

City officials at the time admitted they stamped plans and provided permits for more than two 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 in July that he’d invested about $600,000 into his duplex at 6529 Victoria Ave. He was told during a November Board of Adjustment meeting that he’d have to modify his building height and roof type but could maintain his out-of-compliance lot coverage. 

At this week’s hearing, the builder offered a compromise and addressed others’ concerns about drainage and a shadow that could be cast over a nearby church due to the height of his proposed three-story building. 

Le said this week his expenses to date now total more than $100,000 and it will cost almost $60,000 to “cure” the height issue. 

“We would have to tear down the third floor, the floor system, and the front section of the house on the second floor because that’s a double ceiling height for the master bedroom,” he said.

Panel A Chairman Dave Neumann, a former District 1 Dallas City Council member, has steadfastly supported the builders and appeared baffled that staff issued permits in the first place. 

“I am so sorry for the problems we’ve created not just for you but also the neighborhood,” Neumann told Le. “We are the recipients of this. We are not the advocates of this, nor are you.” 

The builder again testified under oath on Monday that he was not aware when he received his permits and began construction that the zoning had changed.  

“I wouldn’t have risked everything on this house if that were the case,” he said. 

Elm Thicket neighbors have maintained and submitted evidence that Le knew he was acting outside of the law. They also have a problem with the duplex plans, saying the structure is too tall and “a slap in the face to those who fought for our current zoning to protect the character of our neighborhood.”

“Per the zoning, the maximum roof height is 25 feet and this project soars to more than 34 feet per the drawings,” said Gus Perez, who founded Save Elm Thicket with his wife Mimi. “The zoning limits the maximum structure height at 30 feet and this structure comes in at just under 36 feet. And at the last meeting, you heard during public input that some independent contractors reviewed the property and said the third story can be taken off without destroying it. I challenge you all to ask the builder to provide proof to the contrary. Just don’t take his word for it. This is the same builder that knew of the neighborhood zoning restrictions and built this monstrosity probably hoping to see it completed before anyone noticed.” 

Hopkins Avenue Cases

Prior to hearing Le’s case for the fourth time since September, the Board heard three other Elm Thicket cases from property owner Dennis Topletz on duplexes at 4516, 4500, and 4604 Hopkins Avenue. Zoning consultant Rob Baldwin presented the cases but said they were different from Le’s and that of Akber Meghani, who was allowed to complete his Elm Thicket duplex at 6801 Tyree St. 

“We’re not appealing the building official’s decision,” Baldwin said. “We’re not saying the building official erred in the review of the code. We’re just wishing they would have done it before our houses were issued permits and under construction.” 

Baldwin said the builder does not have a property hardship but it will cost more than 50% of the appraised value of the structure to bring it into compliance. The builder requested variances related to height and lot coverage on duplexes. On at least one of the projects, the builder was issued permits in March 2023 and the stop-work order was delivered in September 2024. All three projects are now about 75% complete and would have to be razed and started from scratch if the variances were not granted, Baldwin said.

Elm Thicket resident Zac Thompson said builders must follow the zoning regulations of Planned Development 67, which were unanimously approved by the Dallas City Council in October 2022. 

After a Hard-Fought Battle, Dallas City Council Approves Elm Thicket/Northpark Rezoning

Elm Thicket resident Kemeshia Richardson said it’s documented that Topletz and his wife Iris were aware of the 2022 zoning change and Iris even spoke against it at the City Council hearing. 

“They built to see if they could get away with it, and they are,” she said. “It’s very disappointing to see how reasons are being found to support and give the green light to these builders to build nonconforming properties.” 

Panel A Chair Neumann made the motion to approve the Hopkins Avenue variances, calling the matter “an unfortunate mess.” The majority of the requested variances were granted, as panel members acknowledged the applicant moved forward with City-issued permits and stopped work when he was told to. Board members Michael Hopkovitz and Jay Narey appeared to be troubled by the situation and not all the votes for each individual variance on each of the Hopkins properties were unanimous.

A variance related to height at 4604 Hopkins Ave. was denied, with Narey and Hopkovitz voting against it. Four members of the five-member panel must vote in favor of a variance to ensure approval. After the denial, Neumann swiftly made a motion to ensure the denial was “without prejudice,” meaning the applicant could return and ask for it again in less than two years. Subsequently, other variances related to that property were denied without prejudice with Board members saying the applicant could bring back an updated version of his plan.  

The Board of Adjustment is a quasi-judicial panel appointed by the Dallas City Council. Each of three panels meets monthly on staggered days. 

“These are not easy discussions,” Neumann said. “This is not an easy process. I am persuaded by virtue of the good faith effort of the applicant, represented by Mr. Baldwin, in communicating a request, in responding to approvals by a government agency building inspection along the way, and stopping when told to stop working. I am persuaded by virtue of the feedback we’ve gotten from the surrounding property owners — 13 in favor, zero in opposition, within the 200-foot area. I’ve said for years that’s not conclusive; that’s indicative.”