Update: The story was updated to reflect the Board of Adjustment’s ruling on the most recent stop work order, which was not connected to residential proximity slope.
Log another chapter into the twisting and turning story between the City of Dallas Peak’s Addition Home Owner’s Association and a development at 4217 Swiss Ave., as a district court issued a writ of mandamus to have the city reinstate a stop work order for the property earlier this month.
Because of what Peak’s argues is a violation of the residential proximity slope, a stop work order was issued last year even though the plan was originally approved by the City of Dallas. The decision was appealed, and developer Encore Enterprises paid a bond to be able to continue construction while the appeal was underway. An appellate court has also ruled that the City was prohibited from issuing a stop work order, bringing the two rulings into conflict.
The Dallas Board of Adjustment ruled that a stop work order should be reinstated on the property, but work continued. Now the district court has ordered Dallas building official Phil Sikes to issue a stop work order.
In an email, City of Dallas Managing Editor Christopher Caso wrote, “The City is asking the trial court to reconsider its ruling in the third lawsuit so that it is consistent with the ruling of the appellate court.” On Monday afternoon, crews were hard at work on the building.
A new apartment building is being built next to a historic district in this case, and as development in East Dallas continues to grow, there are bound to be similar conflicts, as the booming area is also home to several historic districts, conversation districts and other restrictive zoning overlays.
The case can be found at Cause number DC-18-06728, “Peak’s Addition HomeOwner’s Association vs. Phil Sikes.”
