Dallas Board of Adjustment grants parking and tree‑mitigation relief, denies deed‑restriction challenge without prejudice

The Dallas Board of Adjustment, Panel C, met March 17 and approved multiple zoning and development requests, including a 21‑space variance for a proposed restaurant at 114 West Seventh Street and special‑exception relief to tree‑mitigation requirements for the University Hills development along Lancaster Road and Wheatland Road. The panel also granted a string of site‑specific variances and fence/retaining‑wall exceptions and agreed to deny without prejudice an application concerning old deed restrictions on a property at 1514 McKinney Ave.

The meeting included extended argument over off‑site parking for the proposed restaurant at 114 West Seventh Street, a lengthy staff‑applicant exchange over how mitigation for removed trees will be phased within the larger University Hills project, and public comments urging elected officials and staff to retain legal oversight of deed restrictions tied to senior‑housing uses.

Why it matters: the parking variance clears a permitting hurdle for a proposed sports‑bar/restaurant that applicants said could not provide all required on‑site parking because of narrow lot width and steep grade. The tree‑mitigation exceptions allow early infrastructure and townhouse work in the University Hills master plan while preserving mitigation obligations for later phases, and the board’s procedural denial without prejudice of the McKinney deed‑restriction question leaves the substantive legal issue for resubmission or other review.

Parking variance at 114 West Seventh Street Applicants said the 50‑foot wide site and a roughly 6‑foot grade difference between alley and finished floor make it infeasible to provide the full off‑street parking required for a restaurant use without demolishing roughly half the existing structure. Applicant Santos Martinez told the board staff and members that he had secured or was negotiating off‑site parking leases and valet arrangements and that the proposed use would be walkable to surrounding apartments and transit. Board members debated how to treat off‑site parking agreements that sit beyond the code’s 300‑foot counting distance and whether the panel could condition a variance on a lease the city would not accept as a deed restriction.

After discussion the board voted 5–0 to grant a variance reducing the site’s required off‑street parking by 21 spaces, subject to submission of the most recent plans. The applicant said he will continue to pursue lease agreements and operational measures (valet, managed remote parking) to supply patrons with spaces.

University Hills: special exceptions to tree‑mitigation rules The board considered two related applications from the University Hills master developer (cases focused on 1900 E. Wheatland Road and 7915 S. Lancaster Road) seeking special exceptions under Article 10 (Landscape and Urban Forest Conservation) to reduce tree‑mitigation inches in areas the applicant showed were within an expanded floodplain caused by historic, man‑made agricultural channels.

Applicant representatives presented a full tree inventory and explained that engineering for streets, detention and grading already reduces the baseline mitigation requirement and that a portion of the site’s trees sit in the artificially enlarged floodplain. The development team committed to planting roughly 6,700 inches of replacement trees within the townhouse portion of phase 1 and to complete on‑site mitigation or pay into the city’s reforestation mechanism as required by permitting for later phases.

Staff reported it had reviewed submitted surveys and concurred the proposal could be phased and mitigated through permits. The board approved both special‑exception requests, imposing conditions that required mitigation for non‑single‑family lots be completed prior to the final certificate of occupancy for the multifamily portion of phase 1 and allowing replacement planting along streets subject to licensing and plan compliance. Both motions passed 5–0.

Deed‑restriction matter at 1514 McKinney Avenue An applicant representative (Mallory Muse) asked the board to allow denial without prejudice after title research uncovered dated deed restrictions that reference a long‑expired or changed institutional use (a “residence home for the aged”). Opponents and commenters, including Bruce Richardson, urged the board to defer any decision about terminating or modifying deed restrictions and argued the city council or manager — not a five‑member board — should have legislative authority to alter restrictions that inure to the city. Citing the applicant’s request, the board granted denial without prejudice 5–0, leaving the legal questions open for future filing or other review.

Other site‑specific relief (summary of votes) The board approved several other, largely routine items on the agenda: an uncontested front‑yard setback variance for an Ali Ibrahimi application, a special exception to allow a 6‑foot fence at Park Lane (application of Jennifer Hiramoto), approval for a retaining wall replacement on Sylvan Avenue (application of James Bowles), and a variance to a side‑yard setback for a detached garage at 5323 Miller Ave. Most passed unanimously; the Miller Avenue variance passed 4–1 with one dissenting vote.

What the board did not do On the McKinney deed‑restriction question the board did not resolve the underlying legal issue; by denying the application without prejudice it left open future filings or referral to other bodies. On the parking variance, the board did not attempt to rewrite the 300‑foot counting rule in the city code: members and counsel agreed the panel can grant relief from the parking requirement but cannot change the code’s counting distance; any off‑site lease or deed restriction that would be required by the permitting reviewer remains a contract matter between property owners and the city.

Next steps and implementation Letters reflecting the board’s decisions will be mailed to applicants by the board administrator and become part of the public record. Applicants who received variances and special exceptions must submit revised plans consistent with the approvals; the University Hills applicant must complete tree mitigation or use the reforestation fund as permitted by Article 10 and the conditions the board imposed. The deed‑restriction matter may reappear with additional counsel or in another forum.

Votes at a glance - BDA245‑032 (Park Lane / Jennifer Hiramoto) — Special exception to allow a 6‑foot fence; motion passed 5–0. Condition: comply with most recent submitted plans (fence height/location shown). - BDA245‑037 (Ali Ibrahimi) — Front‑yard setback variance (uncontested); motion passed 5–0. Condition: comply with most recent submitted plans. - BDA240‑540 (James Bowles / 1637 Sylvan Ave) — Special exception to permit a 10‑foot high retaining wall; motion passed 5–0. Condition: comply with most recent submitted plans. - BDA245‑0300 (5323 Miller Ave / Cyril Pendergast) — Side‑yard setback variance (8 ft 2 in); motion passed 4–1 (Vice Chair cast the lone dissent). Condition: comply with most recent submitted plans. - BDA240‑526 (114 W. Seventh / Santos Martinez) — Variance reducing required parking by 21 spaces; motion passed 5–0. Condition: comply with most recent submitted plans; applicant stated intent to secure lease/valet arrangements. - BDA240‑529 & BDA240‑528 (University Hills / David Pitcher) — Special exceptions to Article 10 (tree mitigation) for 1900 E. Wheatland Rd and 7915 S. Lancaster Rd; both motions passed 5–0. Conditions: mitigation timing and planting provisions; replacement trees may be planted on streets if authorized by license; required compliance with submitted plans. - BDA240‑540 (Cyril Pendergast / detached garage at 5323 Miller Ave) — variance granted (see above). - 1514 McKinney Ave (application by/represented by Mallory Muse) — Applicant requested denial without prejudice; board granted denial without prejudice 5–0.

Board actions will be memorialized in mailed letters and in the public docket; applicants must coordinate final permit submittals with staff to satisfy conditions.

Sources and evidence: public meeting transcript of Dallas Board of Adjustment (Panel C), March 17, 2025.