During the July 25th hearing, Miklos argued the shingle factory is a nonconforming use and the City of Dallas is blocking Cisneros’ ability to apply for an end to that use. GAF became nonconforming in zoning years ago. Cisneros, who is also leader of the West Dallas community group Singleton United/Unidos, sued the city earlier this year.  “We made a strong case,” Cisneros said. “My lawyer said it best, we want our due process, we want the right to submit this application…we just want to be heard.”

 

According to Miklos, “…Historically, the city has made quick work of getting into compliance — and hasn’t necessarily blocked applications in the process. It doesn’t entitle the city to go ‘I don’t know what to do with this I’m just going to suspend receiving applications until further notice’.”

 

Dallas City Code provides that a citizen can apply to have that nonconforming use end, if the board of adjustment finds the use has an adverse impact on the community. Recently, State law changed in regards to compensation when a nonconforming use is ended by a city. Miklos says Cisneros applied under the Dallas City Code, wanting GAF to no longer operate, and the city rejected the application, saying there was a conflict between state law and the City Ordinance, and that, in the future, if/when the city revised its code, it might allow her and others to apply.

 

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