Dallas board grants 135-square-foot variance for accessory structure at 5930 Richmond Avenue

The Board of Adjustment Panel C on Monday granted a 135-square-foot variance to the area-ratio limit for an accessory structure at 5930 Richmond Avenue, allowing the applicants to build a 640-square-foot detached structure rather than the 505 square feet allowed without a variance. The motion to grant, made by Jarrett Slade and seconded by Michael Milliken, passed 5-0.

The decision followed testimony from the applicant and neighbors about the house’s age and the cost and technical difficulty of attaching new square footage to the existing structure. Amy Hall, the applicant and homeowner at 5930 Richmond Avenue, said builders advised that attaching an addition would require extensive foundation and roof work and could force a near-complete rebuild of interior structural elements. "We were getting quotes that basically amounted to rebuilding the house," Hall said.

The board’s majority cited those construction constraints and the property’s existing configuration in finding that strict enforcement of the code would create an unnecessary hardship. "The testimony concerning the pier-and-beam foundation and the scope of repairs that would be necessary convinced me that denying relief would be unduly burdensome," said Jarrett Slade, who moved to grant the variance.

Neighbors and supporters were sharply divided in tone but not in number. Puneet Modi, who identified himself as Hall’s husband, described the request as a family-driven need to house multi-generational visitors and said the couple chosen a detached structure to avoid the expense and disruption of attaching to a 105-year-old house. "We chose a detached solution because it keeps the main house intact and is the most practical and affordable option," Modi said.

Local resident and contractor Jeff Carr, who said he would assist with construction, told the board that building detached would be materially less expensive than an addition and that the economics make short-term rental operation unlikely. "It would make no sense to spend that sort of money and expect a return as a short-term rental," Carr said.

Kate Kirmyer, a neighbor who submitted a written letter of support and spoke at the meeting, said many older craftsman homes on the block are being preserved while larger new builds have appeared nearby. "This rule can disproportionately penalize owners of modest, historic homes," Kirmyer said.

Board members asked whether the proposed structure would create privacy or noise issues. Hall and Modi both said the accessory building would be one story, shorter than the main house, and that privacy impacts would be minimal. The board also discussed whether existing garages and outbuildings in the neighborhood created a practical precedent for the request; staff explained that some larger outbuildings predate a 2010 change to the development code and may be legal nonconforming structures.

The board attached a standard condition requiring compliance with the most recent version of the submitted plans. The motion to grant passed 5-0 (Jarrett Slade, Michael Milliken, Roger Sashington, Michael Dorn and Vice Chair Robert Agnich voting yes).

The board’s action allows Hall to proceed toward final permitting under the stamped site plan; additional permitting or special-exception requests (for example, separate utility meters or kitchen/bathroom additions that would convert the structure into a separate dwelling) would require separate approvals.