Dallas Board of Adjustment denies fee-waiver request for 1315 Mackenzie Street

The Dallas Board of Adjustment denied a request to waive filing fees tied to an application for a variance to off‑street parking regulations and a special exception to landscape rules at 1315 Mackenzie Street.

The board’s vice chair, Robert Agnich, opened the item and members debated two competing motions: one to grant the waiver and a subsequent motion to deny it with prejudice. After discussion the board voted 4‑0 to deny the waiver with prejudice, meaning the applicant would be barred from reapplying for a fee waiver for two years but could still file the underlying variance and special-exception application if the filing fee was paid.

The board’s action followed a failed motion to grant the waiver; members said the applicant had not presented testimony or documentation at the hearing to support a claim of substantial financial hardship. Board Attorney Theresa Carlisle reminded members that the burden of proof for a fee waiver is on the applicant. Ms. Carlisle also explained that a denial with prejudice would prevent refiling a waiver request for two years but would not prevent filing the variance application if the fee was paid.

Vice Chair Robert Agnich moved to deny the waiver with prejudice and the motion was seconded. The board voted 4‑0 to deny the waiver.

Board members said the lack of applicant participation and documentary support influenced their decision. “If someone is unwilling to show up for the hearing they’ve requested… the time is valued,” one member said during deliberations.

The board’s minutes and decision letter will be mailed to the applicant by the Board Administrator.