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Dallas board reimburses filing fee after staff oversight
Summary
The Board of Adjustment granted a request to reimburse filing fees for an applicant whose additional setback variance was not requested at a prior hearing. The board found staff error and financial hardship and approved the reimbursement unanimously.
The Dallas Board of Adjustment Panel A voted unanimously Jan. 21 to reimburse filing fees for an applicant who said staff omitted a required setback variance from an earlier hearing.
The board approved the reimbursement after hearing testimony from Pusheng Giovanni of Giovanni Consulting Engineers, who said the applicant had obtained a landscape variance previously but was later told a separate variance to the building setback also should have been requested "because this should have been done last time." Board administrator Kamika Miller Hoskins confirmed staff had discussed the matter during the morning briefing.
Board member Rachel Hayden moved to grant the reimbursement, saying staff oversight made it unfair to require the applicant to pay the fee twice. Jay Neri seconded the motion; the board secretary called the roll and the motion passed 5-0.
The board directed staff to notify the applicant about the reimbursement process; written confirmation will be mailed by the board administrator.
The reimbursement applies only to the filing fee for the identified variance request; no other relief was announced at the hearing.
