'I Got Screwed': Elm Thicket Builder Must Reduce Height, Change Roof on Victoria Avenue Duplex - CandysDirt.com

Posted by Huge_Dentist260@reddit | Dallas | View on Reddit | 7 comments

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noncongruent@reddit

Elm Thicket neighbors, several of whom spoke at Tuesday’s hearing, have maintained and submitted evidence that Le knew he was acting outside of the law,

If Le knew his duplex violated PD-67 limits at the time he was issued the permit by mistake and decided to proceed with construction anyway I'd say that the city is in the right here. Taking a gamble that he could get the place built despite it not being in conformance with PD-67 means taking the risk the gamble might not pay off, and it didn't. Though the city made the mistake they're rectifying it long before the construction even reached any kind of completion in framing, much less siding, roofing, etc. It's also clear he's just an outside investor building a rental duplex for rent income, he's seemingly not interested in actually becoming part of the Elm Thicket community.

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Huge_Dentist260@reddit (OP)

He didn’t know and had no reason to believe otherwise considering the city granted the permits and issued numerous green tags after inspections and did not update the website after the zoning change. Those neighbors are full of shit. They also lied to the Board by saying he had no letters in support from his neighbors, despite him submitting letters in support from virtually everyone within a 200-foot radius. Regardless, everyone on the Board agreed he acted in good faith. His purported knowledge was not a basis for their decision.

The house is roughly 50% complete, and as the article mentions, he spent about 600k on it already. Most of that will now go to waste.

You’re also wrong that he has no interest in the community. He was planning on living on one side of the duplex with his family. This decision is going to devastate him financially and deprive his family of a home.

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noncongruent@reddit

Fundamentally the issue here is that what Le wants to build doesn't comply with PD-67. The city has given him some options to mostly build what he wants, or he can walk away and take the full loss. For sure what he wants to build comes nowhere close to complying with PD-67, and though the city made a mistake issuing the permit, really what I think should happen is that the city reimburses him for the costs to modify the framing to comply. All the pictures I've seen indicate that the framing may be 50% complete, but the home itself is nowhere near that complete. I know he wants to fully exploit the city's mistake for his personal benefit, who wouldn't, but that just shits on the people in PD-67 and clearly shows he doesn't give two shits about the neighborhood or community. If he really wanted to be a part of that community he would take the city's offered option and finish out the house that way.

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Huge_Dentist260@reddit (OP)

What the pictures don’t show is that he also had the plumbing installed.

Far more people opposed the amendment than those supported it. The notion that this small handful of busybodies speaks for the entire neighborhood is pure fiction. So is the idea that having a 35-foot roof compared to a 25-foot roof somehow harms the neighborhood in any way.

The bottom line is he simply can’t afford to take the hit. He’s not some big time developer. It is simply not fair for the entire burden to fall on him when the city screwed up, not just in his case but many others.

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noncongruent@reddit

If you aren't willing to meet the terms that the city council is proposing, even though you know your project doesn't come anywhere close to complying with the established restrictions that were in place before you began construction, then your options will be limited indeed. The city has given you an option that allows you to complete a home that you can then offer for rent at market rates, and the value of the property won't be significantly impacted by building to the requirements you're being offered. You should take the deal because that's what's best for you and for the community you're moving into.

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Huge_Dentist260@reddit (OP)

Again, he did not know, and had no reason to know because the city told him over and over again that he was good and didn’t update their website after the zoning change. He wasn’t offered any sort of deal or option. It was “your permit is revoked, tear the entire thing down.” He even offered to change the roof type even though it would cost him 20k out of pocket. It’s the city that won’t compromise.

You’re also wrong that changing the roof height won’t decrease the value of the property. It would diminish the value by about $300k, which also causes problems with the lender on the construction loan because the project is no longer economically viable. If this causes him to default on the loan then he’s going to have huge problems obtaining any construction loans in the future.