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Dallas Zoning Rules

1,616 Views | 17 Replies | Last: 5 days ago by GarlandAg2012
GarlandAg2012
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AG
I am looking into doing some work on my house in Lakewood and I realized that I am in a "Neighborhood Stabilization Overlay". Here are the rules it has:

  • FRONT YARD SETBACK: Minimum front yard is 30 feet.
  • CORNER SIDE YARD SETBACK: Minimum corner side yard is 10 feet.
  • INTERIOR SIDE YARD SETBACK: Minimum interior side yard setback is five feet.
  • HEIGHT: The height of the structure may not exceed the height plane, which is 22 feet at the front building line.
  • GARAGE ACCESS: Garage access must be front entry (from the front lot line), except there is no restriction on garage access of lots that abut Abrams Road or Hillside Drive.
  • GARAGE LOCATION: Garage must be to the rear of the single family structure.

This was adopted in 2007. My home was built in 1942 and has had additions and modifications over the years. Based on permit records, it seems like the work was done in 1972, 1985, and I think some was done in the 2012-2013 time frame, but there aren't permits for it in the system so maybe not. The survey I have is from 2007 and there has been a major change to the property since then, so it definitely was modified since the Stabilization Overlay came into effect.

My house is currently out of compliance with these regulations. The minimum distance from the front of my house to the lot line is 21.9' (based on how it's measured in the survey). The minimum distance from the structure to the side lot line is 3.7'. I believe the part of the structure that causes these two "out of compliance" issues were both built before 2007, so I assume they are grandfathered in. If I want to make any changes to the footprint of the home, will that make it where i have to be in compliance 100%? My lot is oddly shaped and getting into compliance would result in some major issues (for instance the part of the house that is 21.9' from the lot line is the main living area, not really feasible to cut that off.

Here is an image of my survey. but it is an old survey. The structure on the left is now a living room, and the portion of the driveway that has a square with an X through it was a carport but is now an enclosed garage, however the garage is undersized. I would like to expand the garage, expand the living area that was the old garage towards the back of the property (or maybe just make it a covered patio), and add a second story above both to have more square footage.

1) does the height requirement above mean that the total height of the structure can't exceed 22', or just the height of the front of the house, meaning the apex of the roof could be higher since it isn't at the "front building line"

2) When changing the floorplan of a house, does the whole house then need to be in compliance, or only the part you are modifying? I don't want to change the main part of the house (towards the right), and I definitely don't want to have to move the front of the house 8' further from the lot line. The angle of the property and home is odd so I would hope logic would prevail, but you never know.

GarlandAg2012
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AG
I should also note, the "certified" land value on DCAD does not agree with the land size on the Dallas Zoning permit website. The house is listed as R-7.5(A), but the DCAD land value is actually below 7500 sq ft, so I think it should potentially be zoned as R-5(A). I don't think that would change the setbacks though, since the house is in the Stabilization Overlay.
Decay
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AG
Lawyer up
riverrataggie
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AG
Yeah. There are companies (not sure if they are lawyers) who specialize in this. I had a project in Lakewood and it took 9 -12 months to resolve and went all the way through city hall.

It all worked out in end. But having a company who specialized could have sped it up likely to 3-6 months.
GarlandAg2012
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AG
Any leads on who I should talk to to help get through this? It sounds like a nightmare but I really want to preserve the home and improve it.
riverrataggie
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GarlandAg2012 said:

Any leads on who I should talk to to help get through this? It sounds like a nightmare but I really want to preserve the home and improve it.


I don't. Do you use a lawyer to help fight your property taxes? They maybe able to help.
GarlandAg2012
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riverrataggie said:

GarlandAg2012 said:

Any leads on who I should talk to to help get through this? It sounds like a nightmare but I really want to preserve the home and improve it.


I don't. Do you use a lawyer to help fight your property taxes? They maybe able to help.
I use a service, texastaxprotest.com - good idea, I will ask them if they have any recommendations.
Rocag
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AG
First step is you need to verify you are actually within the NSO boundary. You mentioned being in Lakewood, and there is an NSO for Lakewood North Ridge Estates that was approved in 2007, so I assume that is what you meant.

Lakewood NSO Ordinance

On the last page is a map which shows the limits of what this ordinance affects. If your lot isn't within that boundary, there's a very good chance these rules don't apply to your property.
2wealfth Man
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AG
Based on the block descriptions in the ordinance; you are not in the overlay zone (you are in block 5/4909 per your survey above). All of the subject properties are in the ordinance are in block 2984.
GarlandAg2012
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Rocag said:

First step is you need to verify you are actually within the NSO boundary. You mentioned being in Lakewood, and there is an NSO for Lakewood North Ridge Estates that was approved in 2007, so I assume that is what you meant.

Lakewood NSO Ordinance

On the last page is a map which shows the limits of what this ordinance affects. If your lot isn't within that boundary, there's a very good chance these rules don't apply to your property.



There's also a Vanderbilt Marquita Overlay zone according to the zoning map. That's how I found out about it. Don't want to dox myself but I'm pretty sure I'm in one.
2wealfth Man
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AG
yep, your block is in the Vanderbilt Marquita Overlay

https://dallascityhall.com/departments/sustainabledevelopment/DCH%20documents/NSOs/nso_04.pdf
Diamond Dogs
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S
Ryan Adair is an Aggie and a good real estate attorney.

817-527-5200
GarlandAg2012
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Diamond Dogs said:

Ryan Adair is an Aggie and a good real estate attorney.

817-527-5200


Thanks!
CavitationAG
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Might be worth finding an architect that specializes in your area. We've talked to one that lives in and does a lot of work in Kessler Park, and he knows a lot about what we can do with our home. When he doesn't know he can shoot an email off to the city and get an answer within a day typically.
cdw1382
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You don't need an attorney. R-7.5(a) is your zoning and has nothing to do with your land value. It just means the lot size in this area is minimum 7,500 sf which based on your survey it is.

If you are not changing your house building footprint the setbacks don't matter as your house was already built. If you are wanting to tear the whole thing down then yes they would apply. You can technically tear the whole house down but leave the slab in place and it would still count. What are you trying to do?

Like someone else said find someone else that has worked in the area. Preferably a builder that builds in your area and knows the city and would have multiple architect references. Or you can go down to the city and meet with a planner and ask whatever questions you want. It may still be down on Jefferson Blvd. if the office hasn't moved yet. They do walk in appointments and you just wait and get a number. Best bet is get with a builder depending on you are doing. If you are just doing interior work just don't get a permit.
GarlandAg2012
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By "land value" I meant the value they have in the system for the total area of my lot, which is below 7,500 sq ft. My comment about the 7.5a is that based on different sources, my lot is either just above or just below the rules for 7.5a. But that is moot since I am in an overlay.

I don't want to change the entire footprint, no footprint changes wanted for the original structure (pier and beam). Changes would all be on the later additions which are slab on grade. For that, I would be changing the footprint (ideally), and adding a second story above it.

I will look for a team that has done work in the neighborhood. I know there are a lot of options. If anyone has a recommendation I'd love to work with a referral.
cdw1382
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https://www.residebuilders.com

Rob's not an Aggie but he's a good guy and has done a lot in Lakewood and Lake Highlands.
GarlandAg2012
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cdw1382 said:

https://www.residebuilders.com

Rob's not an Aggie but he's a good guy and has done a lot in Lakewood and Lake Highlands.
Thank you! I will reach out.

If anyone else has a recommendation, I would probably like to talk to a couple different firms before choosing who to work with.
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