Rowlett residents tell council a retaining wall blocks an easement; another complains of lost backyard privacy after condo conversion

Two Rowlett residents raised complaints during the public-comment period at the Sept. 30 joint Planning & Zoning Commission and City Council meeting.

Dave Hohl, a Rowlett resident, told the commission that a retaining wall built under a developer-issued permit obstructs an ingress-and-egress easement serving his property and a neighbor’s. Hohl said the city’s records classify the right-of-way as a nonexclusive utility easement but that warranty deeds and county records describe a separate ingress-and-egress easement. “Your research has been inaccurate,” Hohl said, and he asked the city to review sealed surveys and deeds he provided.

Hohl said a previous Rowlett City Council ordinance required him to move kayaks using the easement and asked how that requirement could be met if the easement has been blocked by the retaining wall. He also asked the council to hold staff and permitting processes accountable if permits were issued improperly.

Jared Herron, who identified himself as a Rowlett homeowner and property owner near the Main Street development known to residents as The Oasis, said the project was approved as condominiums but appears to be leased as apartments. “Now that the complex is complete, we have absolutely no privacy in our backyard,” Herron said, adding that second- and third-floor units overlook his yard and that construction debris continued to land in his property during and after construction.

Herron said he believes the original approval was for condos under an entity named Skyview at Rail Ed LLC and that a later owner operating as S 5110 at Rowlett SPE LLC may be leasing rather than selling the units. He asked whether Planning & Zoning stipulations prevent developers from converting sales units to rentals and whether such conversions are being allowed in Rowlett. Staff and commissioners in the meeting said land-use regulations and local ordinances do not generally prescribe whether a unit is sold or rented; those are not normally land-use conditions enforceable under zoning law.

City staff did not announce any immediate enforcement action during the meeting. Commissioners and staff directed that residents who provided evidence — deeds, surveys and photos — follow up with community development staff so the city could review permits, plats and recorded easements. The meeting record shows staff requested copies of Hohl’s exhibits for review and noted the permitting and plat history would be examined.

Members of the public who testified were not part of a formal appeal or a permit-review motion during the meeting; the comments were taken during the citizens-input portion of the agenda, when no action is taken.

The commission and council did not vote on either matter during the meeting. Staff said it would follow up with Hohl and Herron on next steps and how to submit documents for a technical review.

Related materials provided to the city were referenced by the speakers and will be added to the record if formally submitted to community development staff.