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Board of Adjustment grants 4-foot front-yard setback variance for 1255 Annex Avenue
Summary
The Board of Adjustment Panel C approved a 4-foot variance to front-yard setback rules for a property at 1255 Annex Avenue, finding unnecessary hardship and imposing a condition tying approval to submitted plans.
The Board of Adjustment Panel C on Sept. 15 approved a 4-foot variance to front-yard setback rules for a property at 1255 Annex Avenue, granting the applicant relief from the Dallas Development Code by a 5-0 vote.
The applicant, who identified himself as Donnie Galan and said he is the general contractor for the project, told the panel he agreed with staff recommendations and was available to answer questions. "I am the general contractor on behalf of the investor for the property... we construct by the plans, and that's the only way that we construct," Galan said, adding that required residential proximity slope (RPS) issues would be reviewed in building plan review rather than in this variance hearing.
Panel members said the application demonstrated an unnecessary hardship tied to the property's physical characteristics. Roger Sashington moved to grant the 4-foot variance; Andy Finney seconded. Mary Williams called the roll and the motion passed 5-0. The board attached the standard condition that the applicant must comply with the most recent version of all submitted plans.
Why it matters: A front-yard setback variance changes the buildable area of a lot and can affect sight lines, neighbor relationships and code enforcement. The board emphasized that the building-plan-review process will separately evaluate any residential proximity slope concerns raised by neighbors.
Supporting details: During public comment Dennis Harrison, an adjoining property owner, said he and his wife support a 21-foot setback as shown on the plans but urged the board to ensure the measurement is clearly tied to the property line, not another reference point. The board and applicant clarified that the approved condition ties construction to the submitted plan and the 21-foot measurement shown on it. Panel members confirmed that RPS issues were not part of this variance; if RPS were at issue, a separate application or review would be required.
Action and next steps: The board's written letter to the applicant will be mailed by the Board Administrator and becomes part of the public record. Any plan-review items that are unrelated to the variance — for example, RPS compliance — will be handled through the city's building plan-review process.
Votes at a glance: Motion to grant BOA25000035 (4-foot front-yard setback variance for 1255 Annex Avenue) — mover: Roger Sashington; second: Andy Finney; vote: Sashington Aye, Milliken Aye, Slade Aye, Finney Aye, Vice Chair Robert Agnich Aye; outcome: approved 5-0. Conditions: compliance with most recent submitted plans required.
