The Dallas Board of Adjustment Panel B heard multiple cases and issued a mix of approvals, denials and a continuance at its April 16 public hearing.

Uncontested approvals: The panel approved two items on the uncontested docket, including variance approvals for 3034 Birmingham Avenue (application VDA245‑043 — applicant Rick Smith) and a special‑exception to landscape regulations for an application by Jonathan Vincent (BDA245‑045). The board stated compliance with the most recent version of submitted plans as the required condition for each approval.

Fee reimbursement denied: The board denied a fee‑reimbursement request from Rick Smith (case BDA245‑043‑FR1), who had asked that certain filing fees associated with his previously approved variances be refunded. Smith told the board he had spent “thousands of dollars” over 18–24 months on permits, engineers and zoning fees and said he could provide CPA documentation if required. Staff and board members said the city’s standard for fee waivers centers on “substantial financial hardship,” and the panel found insufficient evidence of that hardship. The motion to deny passed 4–0.

Continuance requested and granted: Applicant Rob Baldwin asked that case BDA245‑017 (1427 Eastes Drive) be held until a full five‑member panel could hear it. The board held the case under advisement to the May 21, 2025 hearing.

Cabell Drive (BDA245‑025) — split outcome: The board considered three variance requests for a proposed multi‑unit development on Cabell Drive (the applicant identified as Sameet Madhani). After hearing neighbor opposition letters and applicant testimony, the panel split its rulings:
- The board granted a 5‑foot variance to the side‑yard setback (motion passed 4–0). The board cited the lot’s narrow width (50 feet) and physical constraints that, in the board’s view, created an unnecessary hardship if strict code enforcement remained.
- The board denied without prejudice a 4‑foot‑6‑inch variance to the rear‑yard setback (motion passed 4–0). Several board members said the applicant could rework the site plan or reduce unit count to address the rear setback without creating hardship.
- The board denied without prejudice a variance to the off‑street parking requirement (motion passed 4–0), with members noting that on‑site guest parking could be adjusted to reduce street parking impacts.
Board discussion emphasized that site‑plan revisions would be the applicant’s responsibility: if the board grants a subset of variances, the applicant must submit revised site plans (staff said there is a 180‑day window to submit revised plans for permitting).

Gaston Avenue (BDA245‑051) — variance granted with condition: The board granted a 12‑foot‑7‑inch variance to the rear‑yard setback for a project on Gaston Avenue (representative Jay Piscuski), finding the existing structure’s nonconforming status and the conservation‑district goals supported the variance. The board added a condition that the applicant comply with the most recent submitted plans and with front‑style elevations consistent with the conservation district; board members said any later changes to the front elevations would require review by the conservation district.

Votes at a glance:
- VDA245‑043 (3034 Birmingham Ave) — Variances to side and front yard setbacks and special exception to 20‑ft visibility obstruction regulations: APPROVED (uncontested); condition: compliance with most recent submitted plans.
- BDA245‑045 (Buena Vista Street) — Special exception to landscape regulations (Jonathan Vincent): APPROVED (uncontested); condition: compliance with most recent submitted plans.
- BDA245‑043‑FR1 (3034 Birmingham Ave, Rick Smith) — Fee‑reimbursement request: DENIED (4–0); reason: insufficient evidence of substantial financial hardship.
- BDA245‑017 (1427 Eastes Drive, Rob Baldwin) — Held under advisement to 2025‑05‑21 at applicant request.
- BDA245‑025 (4519 Cabell Drive, Sameet Madhani) — Side yard (5 ft): APPROVED (4–0). Rear yard (4 ft 6 in): DENIED without prejudice (4–0). Off‑street parking variance: DENIED without prejudice (4–0).
- BDA245‑051 (Gaston Avenue, representative Jay Piscuski) — Rear yard variance (12 ft 7 in): APPROVED (4–0); condition: compliance with most recent plans and front‑style elevations as submitted.

During the hearing staff advised applicants that if they make changes after approval they must submit revised plans to staff for stamping before permitting; staff also noted a 180‑day period to submit final revised plans following an approval. Board members repeatedly distinguished between discussion and formal action: where the panel denied items “without prejudice,” members noted applicants could return with revised plans.

The meeting adjourned at 2:07 p.m.