Historic Preservation League News, February 1993 Page: 3 of 8
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Conservation Districts Now in Jeopardy
(Pat Spillman, president of the Hollywood Heights, Santa
Monica Neighborhood Association, wrote the following article
for the Dallas Homeowners League Newsletter Virginia
McAlester asked that it be reprinted because of its far reaching
implications. All of us interested in preservation should let the
Planning Commission and City Council know their support of
Conservation Districts and related ordinances is essential to the
future well being of these neighborhoods.)
In September 1989, the Dallas City Council passed the
Hollywood/Santa Monica Conservation District Ordi-
nance ("Ordinance"). The purpose of the Ordinance is to
protect the unique architecture and character of the
Hollywood Heights neighborhood, which is recognized as
the largest contiguous collection of stone-embellished
Tudor cottages in the country
In short, the Ordinance restricts certain changes to
the facades of homes during remodeling, repair, and new
construction.
The Ordinance also carries forward some original
deed restrictions such as street setbacks.
Residents of Hollywood Heights voted overwhelm-
ingly in support of establishing the Conservation District.
Homeowner Cited, But Appeals
In April of 1992, a homeowner in H/SM began build-
ing a new aluminum roof on her home. Metal roofs are
prohibited under the Ordinance. During the construction
of the roof, the homeowner was sent a stop work order by
the City Despite the order, the roof construction pro-
ceeded and the homeowner was then cited by the Plan-
ning Department for violating the Ordinance.
The homeowner appealed the Planning Director's
decision to the Planning Commission and a hearing was
held October 15. At the hearing, the homeowner stated
that prior to beginning construction, she contacted the
Building Inspection office to inquire as to the need for a
City permit to build a new roof. She was informed by
Building Inspection that no permit was necessary
Unfortunately, Building Inspection did not inform her
of the need to have her roof plans reviewed by the Plan-
ning Department prior to construction. The homeowner
also stated she had spent several thousand dollars on the
roof and that she would be financially devastated if
required to remove it. She also stated she had never
received notice of the Ordinance.
Commission Rejects Ordinance
H/SM representatives urged the Commission to
support the Director's interpretation of the Ordinance to
protect the neighborhood's unique architecture. Neighbor-
hood supporters pointed out that notice of the Ordinance
had been given by the City to each homeowner in the
neighborhood and that the neighborhood frequently
informed homeowners of the ordinance through its
monthly newsletter and in neighborhood meetings.
The Commission voted 14-1 to overturn the
Director's decision. (Jonathan Vinson voted to uphold the
decision.)City Departmental Communication Essential
Two aspects of H/SM's experience before the Commis-
sion raise grave concerns about the future of Conservation
District Ordinances.
First was the city's role in partially effecting this
unfortunate situation.
The homeowner was not adequately informed by the
Building Inspection office of the need for her to obtain prior
review of building plans by the Planning Department.
In other words, one City department is not aware of
restrictions and requirements imposed by another depart-
ment.
It is imperative that City departments to which
inquiries concerning permitting, home remodeling, and
new construction are made (i.e. Planning, Housing, and
Neighborhood Services, Building Inspection) are all
adequately informed of special restrictions or require-
ments imposed by the other City Departments.
The staffs of each department should be prepared to
fully answer inquiries related to Conservation Districts or
refer the questions to the proper City department.
The second troubling aspect...was that...rather than
deciding on the basis of the terms of the ordinance, the
Commission based its decision to allow the roof on the
purported hardship to the owner, as well as the opinion of
several Commission members that one more metal roof in
the Conservation District would be of no consequence.
Commission Chair Opposes Ordinance
Regretfully, the Commission chair did not hide her
dislike and suspicion of the Ordinance, despite its over-
whelming support in the neighborhood. The Chair stated
that the Ordinance should not be imposed upon long-
time homeowners and senior citizens because, as she
(wrongly) believes, these homeowners lack the ability and
"sophistication" of young urban professionals to under-
stand and comply with the Ordinance.
The Chair then stated she would not be supportive of
any Conservation District in an area where senior citizens
comprised more than 5 percent of the homeowners.
The Chair and Commission members failed to fully
consider how their decision could adversely impact the
purpose and integrity of the H/SM Ordinance and the six
other Conservation District Ordinances in Dallas.
The Commission has put Conservation Districts in
jeopardy by opening the door to piecemeal evisceration of
the restrictive provisions of Conservation District Ordi-
nances.
Commission, City Council Support Necessary
Dallas Homeowner League members should urge their
Commission and City Council representatives to strongly
support Conservation Districts.
Conservation Districts improve the quality of life in
Dallas by stabilizing neighborhoods, maintaining property
values, preserving homes and buildings of architectural
and historical significance, and by providing a sense of
community among residents of these areas.3
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Dallas Historic Preservation League. Historic Preservation League News, February 1993, periodical, February 1993; Dallas, Texas. (https://texashistory.unt.edu/ark:/67531/metapth887689/m1/3/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Preservation Dallas.