The half-built duplex in Dallas’ historic Elm Thicket neighborhood will not be demolished

DALLAS – Residents of a historic Dallas neighborhood made emotional pleas before learning that at least one of the half-built duplexes in violation of the city’s zoning law would be allowed to remain.

On Tuesday night, the Dallas Board of Adjustment overturned a Dallas building official’s stop-work order because the building was a duplex. They determined that the lot had been a duplex in the past, so the new 2022 zoning rules did not apply.

However, the builder will still have to spend $88,000 to lower the height of the duplex and convert the roof to a pitched style roof.

Last month, the Board of Adjustment told the developers and the city to find a compromise solution.

Neither side could reach an agreement.

Residents in Elm Thicket, also known as Ellum Thicket, worked hard to pass zoning changes in 2022 after noticing an influx of large buildings that left little green space, flat roofs and duplexes.

The case was well publicized, with many developers participating in the process.

The city then failed to update the map it used for issuing permits, causing dozens of permits to be issued in error.

The error was discovered in May, prompting the city to issue stop-work orders.

There were 19 structures in violation.

“This is one of the few Freedman communities left in Dallas. Ellum Thicket fought for changes to PD67 to preserve the character and history of our neighborhood. In all this mess, the neighborhood is the only one that did it all good,” said Amelia Mimi. Pérez, who lives in the area.

He got emotional talking about how it probably would have gone if it had happened in a more upscale neighborhood in Dallas.

“The overwhelming fact that my neighbors live with daily is that we all know that if these same structures had been built in Preston Hollow under the same circumstances, those stop-work orders would have been upheld at that first meeting. But the what happened here is what always happens to marginalized black and brown communities. Our voices are not being heard,” Perez said.

The developers said having to make the changes to their homes would force them to demolish the structures.

They argued that the financial loss would put them out of business.

“We didn’t make the mistake. It seems like we spent a lot of time on what my client should have known and when he should have known. But I would say that the City staff is the party that has the most burden. and that’s paid for, the building inspection is done with full cost recovery. They paid for a professional service that caused him great injury,” said Dallas Cothram, who represents the builder.

The Board of Adjustments had two cases scheduled for Tuesday.

There will be 17 more cases to follow in the coming weeks.