Developers, city questioned about duplexes built in violation of Elm Thicket zoning rules
DALLAS - On Tuesday, both the developers and the City of Dallas were in the hot seat to explain why duplexes are continuing to be built in Dallas' historic Elm Thicket neighborhood despite violating of new zoning rules.
In 2022, with an influx of large duplexes with flat roofs springing up in Elm Thicket, people who live there worked hard to get zoning changes.
The residents wanted to protect the former freedmen's town, also known as Ellum Thicket, with single-family homes, traditional roofs and space for lawns.
The City of Dallas issued at least 19 building permits in violation of the neighborhood's zoning restrictions, but in May 2024 the city realized employees were using an old land use map. The city issued an order for developers to stop work.
Elm Thicket residents at odds with developer after city mistakenly approves building permit
On one side, the developer says he already invested half a million dollars into a new duplex after the city gave him the greenlight. And on the other, neighbors say they shouldn't have to pay the price for the city's error.
The developers argue the city is at fault for granting permits against its own zoning regulations.
Akber Meghani with Grand Development was one of the developers who received the stop work order.
Dallas Cothrum, who represented Meghani at the hearing, says he did not know about the restrictions.
"He knew there had been a zoning change. He did not know when it took effect or what all the particulars were," Cothrum told the Board of Adjustment.
The Board asked why Grand Development did not ask more questions about the case.
"Well, I mean, the city staff also got it wrong too," argued Cothrum. "The city definitely has a greater responsibility than my client does to know what the rules are."
Justin Roy, of the city attorney's office, acknowledged that mistakes were made, and the city is working to digitize its land use map.
Roy argued that the developer had to have known about the city's zoning changes because he objected to them in writing five months before applying for his permit.
"He had to have known retrained aspects of the ordinance that passed," said Roy. "I believe what he said in the [Fox 4 News] article was that he participated before the Board and at City Hall. It is incumbent on the builder to know what the ordinance is and get the information he needs."
Dallas City Hall mistake could cost Elm Thicket developer nearly half a million dollars
The city approved 19 building permits in violation of the Elm Thicket zoning restrictions. But with the city now ordering a stop to ongoing construction, developers are facing potentially huge financial setbacks.
Meghani told FOX 4 in August that he participated in a city hall on the zoning change and was aware, but argued that it is the city's job to police the policy.
There are at least 18 other developments that also received building permits in error and those hearings will happen in the weeks to come.
Tuesday's hearing is still underway.