Oak Cliff Businessman Says the City Reneged on Zoning Rules

Sean Segura is a wiry 28-year-old with a roughly shaved head who is trying to open up a car lot in a tight cluster of auto-related businesses on Davis Street in North Oak Cliff. You wouldn't think he'd have any trouble, but even though his place doesn't stand out as a peculiar eyesore, Segura's been locked in a bitter and bizarre battle with the city and the nearby middle-class residents. The self-described Christian has become a neighborhood pariah and the subject of a community newspaper editorial.

Much worse, he hasn't been able to open for business, and some people couldn't be happier.

"We're sorry to see more car lots going into West Davis," says Barbara Barbee, whose family has lived in Oak Cliff since 1947. "I'm sure the neighbors would like to see a nice store there or a restaurant there."

Segura has the zoning he needs to open his business, but he says the city is suddenly changing the rules on him after so many neighbors complained. Segura's tale, like those of many who deal with the city, is hard to follow, so we'll just give you the short version: The city gave the small-business owner preliminary approval to pave his property, renovate the abandoned house that he inherited and open a car lot on site, until suddenly informing him last month that he had to completely redevelop his land.

Segura's property covers three separate parcels, and the city now says that if he wants to open up a car lot, he has to have some sort of structure for each of them. Segura says that he can't afford to fulfill this requirement and, even if he did, the additional buildings would take up the space he needs to sell his cars. He adds that plenty of other car lots in Oak Cliff also fall on two or more parcels, but they only have one building.

The city, however, is singling him out, he says, after a torrent of community opposition.

"I went through and followed all the codes and all the legal steps and everything was approved, and now they're changing the rules at the end of the game," he says. "The point is they don't want me here. There is a small group of well-off people who are trying to run off people like me."

City officials concede that they initially told Segura that his plans were fully in compliance, but that's only because they didn't know he was going to open his car lot on all three parcels. Neighbors, they say, let them know what Segura was actually doing. They say that another option Segura has would be to go before the plan commission and "re-plat," or combine the three parcels as one. Segura says that process would cost him at least $6,000 and would keep him from selling cars for months.

Segura's story begins a day or two after Thanksgiving in 2006, when a man came by asking Segura if he had the right permits. The prospective car salesman assured him that he did, and the man, a former city plan commissioner by the name of David Spence, told him that he planned to talk with city officials to see if that was true.

"I'm going to go back and check, and are you sure you want to pour concrete and have the city come back and tell you to stop?" Spence says he told him.

Segura says he wasn't about to pour concrete since he didn't have his paving permit yet. He was just clearing the brush and tree stumps from his property.

Spence also told Segura that he knew the landscape inspector, Phil Erwin. He called him a friend. Segura didn't think much of that until a few months later when Erwin dropped by to inspect Segura's property, and, shortly after, Spence arrived in his car as well. That's when Erwin told Segura that he was in violation of the landscape ordinance since the palm trees he planted on the perimeter of his car lot to meet the buffer requirement didn't technically count as "trees." He also said they may be a fire hazard and could fall on a pedestrian or lead to an infestation of rats.

City officials now concede that Segura's palm trees, though rather small, are OK. "The palm trees are not the usual trees we see," says Leif Sandberg, with the city's Building Inspection Department. "I don't know if they are not approvable; I think there is a possibility these trees can work."

While Segura was surprised to learn from Erwin about his wayward landscaping, he couldn't help but notice Spence sitting in his parked car, nodding his head and taking notes. As soon as Erwin left, Spence followed closely behind him.

For his part, Spence says that he didn't plan to accompany Erwin, he just happened to drive by when the inspector came.

"Is it conceivable that I pulled up and took notes? Absolutely," he says.

Spence owns several businesses in North Oak Cliff, including the office building for Oak Cliff People, a local newspaper that penned a critical editorial about Segura's business in June. Viewed as a folk hero of sorts among many of the area's middle-class residents for his slew of stylish-looking properties, Spence seems eager to show that he's not trying to gentrify a busy street that historically has been populated with Hispanic businesses.

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  • Scott 11/20/2007 7:52:00 PM

    Again Melody -- it is YOU who is missing the point entirely. The point that Mr. Warnock is desperately trying to get you to see is that the only people who have a right to stab this poor guy in the back are those who have never violated a code in their life and aren't now. And neither Mr. Spence nor his league of urban yuppies fall under that category. Again, Melody, read out lips -- the person being chased after for code violations is being chased after by someone who sat on the City Plan Commission and was brought up on ETHICS violations. Get it? Apparently, you are very fortunate to have followed every code in this city to the letter. I'm sure if code enforcement came to your house, they'd see no fence or addition breaking city code, wiring that meets city code etc. Right? If not, "she who lives in code violating houses..." At least that was the sentiment in Oak Cliff before the Yuppiemobiles started arriving.

  • Melody 11/13/2007 6:36:00 PM

    What a red herring! Crime is the purview of the police department and the DA. Citing code violations is the purview of code officers. Enforcing our criminal statutes should never -- and doesn't -- come at the expense of enforcing City commercial and residential codes. They're not mutually exclusive exercises, and this isn't a zero-sum game.

  • Kirby Warnock 11/13/2007 5:43:00 PM

    To put things in perspective, last Sunday night a guy was shot and killed and his car stolen at the Church's Chicken on Davis, just down the street from this car lot. I think that the do-gooders need to focus on that instead of harassing some poor guy trying to make a living. Yes, there are problems in Oak Cliff, but this used car lot is not too high on my list of priorities at the moment. (Just one old white guy's opinion.)

  • Melody 11/13/2007 2:00:00 AM

    The point all the pro-Segura posters seem to be missing is that Segura mislead the City when seeking his original code approvals. He applied for permission to use only one of his three parcels of his land, not all three --- because he KNEW he wouldn't win approval otherwise. If this gentleman had sought and won approval for all three parcels of land, I'd be hard placed to say him nay, ambivalent as I am about yet another used car lot along David. He deliberately didn't make a full disclosure when he sought the City's approval, hoping his omissions would be overlooked. They weren't. Bottom line: Segura violated city code -- and is, by his own admission in the story, violating it further every time he sells a car off his lot.I don't really care if the city's crackdown on Segura is being applied unevenly. I don't really care if there are other violaters. SEGURA is breaking the law. If a cop gives you a speeding ticket, is your ticket any less valid because other speeders got away? Might not be fair, but it happens every day. Don't want problems with Code? Don't violate the codes. It's that simple.

  • Kirby Warnock 11/12/2007 11:34:00 PM

    Per "sally" in her comment: "I would challenge anyone who takes issue with the people challenging this business to drive this part of Davis and ask yourself if this is what you would want popping up in your backyard." Agreed, and if you do drive down Davis you will see that there businesses FAR TRASHIER than this car lot. Why aren't the yuppies going after the trashy ones on the said street? The lot in this article is not the problem. Davis (and Oak Cliff) have bigger, much worse eyesores. Plus last time I looked, this was America, and if a guy wants to open a used car lot on his property, he has every right to. If folks don't like it, then buy him out and shut him down, but don't stop a man from just trying to feed his family. PS I actually live over where this taking place and own my home.

  • sally 11/12/2007 11:26:00 PM

    Say what you like about other peoples' neighborhoods, but I think it is prudent to think about what you would do when someone is establishing a business (that you see as bringing down the value of the area) in close proximity to your property. If they are violating code, even if it is just a teeny bit, you might bring it to the city's attention as well. I don't know if different pictures were used in the hard copy of the Observer, but the one here is not a very good representation of the business. I would challenge anyone who takes issue with the people challenging this business to drive this part of Davis and ask yourself if this is what you would want popping up in your backyard.

  • Kirby Warnock 11/12/2007 11:11:00 PM

    I live right where all of this is playing out and have to say that I am a bit upset that folks are trying to prevent a young man from simply making a living. There are SEVERAL used car lots on Davis that are so trashy that it makes me wonder why they are going after Sean Segura, when his is one of the CLEANEST lots on the street. While I can understand that there are folks who want Starbuck's and Barnes & Noble to be opening up in North Oak Cliff, the facts are that this is Mr. Segura's property and he should be able to open up a legitmate business of his choosing. Plus so many of the yuppies over here forget that Oak Cliff is still predominantly Hispanic. Their idea of "urban renewal" is more like "Mexican removal."

  • Jack 11/12/2007 10:05:00 PM

    A few fact are missing here. This and other sections of W. Davis are overpopulated with mechanics, car lots and related businesses that skirt the code requirements daily with vehicles on the sidewalks leaking fluids and generally adding to the already congested business environment. That is, taking more of than their share of space from other less messy businesses and it appears that they are not always the best business neighbors. In this particular case the business started working on the properties before any permit or permits were issued (on weekends as is frequently the case of marginal code related activities). If someone at the City told him his project was OK, then they did not know their business. Our city has ordinances that apply in this situation and quite a few were bent, broken, or mutilated. There is a right way and a wrong way to do business and this was done the wrong way.

  • Michael 11/09/2007 11:22:00 PM

    Getting away from the issue is that restaurant owners are not beholden to let certain people slide on the liquor issue it's a lack of attention by the wait staff and it could bite their employer in the you know what. As far as the car lot? No it's not a double standard issue. Car lots, muffler shops, transmission shops are the problem. To many of them in Oak Cliff are a front for for other business activity that isn't allowed for the zoning. That's a fact not a double standard. If you don't believe that I suggest you contact the people at the Fort Worth Avenue Development Group. They have concrete examples on this issue and have held many of these businesses feet to the fire for it. If you love all of these places I'm sure there are other southern sector areas you could go to and feel comfortable hanging around.

  • Kris 11/09/2007 5:54:00 PM

    We and another couple ate for the first time at Cafe Italia last week. Had four glasses of wine and no one ever asked for an ID, to sign any forms etc. Have been asked to sign a form maybe once in the five years we've been going to Bishop Arts -- Hattie's, Grill 400, Tillman's etc. Dallas is renowned for letting some people slip past the rules while holding others outrageously accountable to them. This does sound like an example of that here. Palm trees aren't the point here -- double standards are.

  • Michael 11/09/2007 2:29:00 AM

    Ohhh..P.S. (Palm trees? We are in Dallas which the last time I looked is in North Texas a few hundred miles from anything that resembles a tropical climate. First hot dry spell we get and those suckers are brown as a paper bag. That's if they survive a hard freeze this winter. Get real!)

  • Michael 11/09/2007 2:19:00 AM

    I'm not sure what Scott is talking about with the liquor issue. I have been to every restaurant in Bishop Arts for years and had to produce a license and sign a form before I was able to get a alcoholic beverage. So if you know a way to get around this that I don't please let me know. As far as the car lot is concerned I am glad someone like Spence is on the prowl. Trust me when I say we don't need any more used car lots or muffler shops in Oak Cliff. I think they outnumber every other business out here. As things redevelop I literally jump up and down with delight every time I see one of these businesses close. We need to get a designated group that constantly prowls Jefferson, Davis, and Fort Worth Ave. looking for violators like this. It's the only way to get things changed for the better. Personally, sign me up I will be glad to spend money on $3.00 gas to do this.

  • Scott 11/09/2007 1:16:00 AM

    I agree with all of that. But just be sure you mete out your righteousness EQUALLY. There ARE businesses in Bishop Arts that at one point or another have operated without proper permits, sold stuff they shouldn't have when they shouldn't have, bypassed certain regulations etc. Oh, like, selling liquor in a dry area without requiring people to join a private club, for example. If you aren't aware of how some of the hip and cool businesses in the district have bent the rules over the past few years that's your reality for you to deal with. And I'm not advocating those businesses be fined or hurt in anyway. I love 'em. I'm just saying it's rather unfair for "not following the rules perfectly" to suddenly come slamming down on this guy, just because the type of business he runs doesn't offer appletinis and valet parking. Would you like to accompany me into the kitchens of some of those cherished hip restaurants in the district and take comfort in seeing every health code regulation being followed as they should be. Because, after all, you know they are, right???

  • Melody 11/08/2007 11:32:00 PM

    I couldn't disagree more. Spence may have complained -- but I can guarantee you that he wasn't even close to the only one who complained. Hell, if I had known about this at the time, I'd have joined in. If the landowner in question had disclosed fully at the time he sought City approval, he wouldn't be in this boat. Are the Bishop Arts District businesses all fully in compliance? Probably not. Then again, I can't think of one merchant there that set out to deliberately bypass the parts of code they didn't like and, then, operate their business without proper permits. This has nothing to do with whether the business is hip or cool. If you fail to disclose, mislead the city, sell your goods without permits and then whine about it, I've got absolutely no sympathy for you.

  • Scott 11/08/2007 10:46:00 PM

    I think the point that is being missed is that the "laws" changed only when Mr. Spence, who had to resign from the City Plan Commission himself after being brought up on ethics violations, started rattling cages. Seems more than a little hypocritical. Do all of the businesses in Bishop Arts follow every city law to the letter? I doubt it. Did all of the people in the neighborhoods surrounding Bishop Arts (overwhelmingly low-income Hispanic) want their La Familia Market replaced with a chain Italian restaurant? Did anybody even bother contacting them to see what their preference was? When "the neighbors" are white and affluent, like Spence, what the neighbors want matters. But if you're not considered hip and cool in the Bishop Arts District, god love ya and best of luck in your "diversity" being accepted.

  • Cliffer 11/08/2007 9:22:00 PM

    No one in Oak Cliff will be surprised by this article. David Spence is renowned for bullying pretty much anyone and everyone who has a perspective different from his -- and then batting his eyelashes while proclaiming, "aw shucks, I'm really all for apple pie and everyone following the law" once the cameras start rolling. Probably worked for him as a kid. This poor guy is not the first who has attempted to enjoy the Oak Cliff scene only to bump up against the wrath and control issues of Herr Spence. There's a long list of people who've been been down this road before. Good for you for shining a light on it. It would be nice if Spence would either summon up the fortitude to actually practice the law-abiding admonitions he preaches ... or 'fess up to the fact he's really nowhere near the hip urban progressive he likes to paint himself to be.

  • Melody 11/08/2007 9:14:00 PM

    Seriously?! You're kidding with this story, right? A man applies for city permits under one scenario, clearly planning to do something else entirely; the neighbors report him for violating his approvals; and he admits in the end of your piece that he's selling cars illegally off his lot. Am I missing something here? How is it, given these facts, that the law-abiding citizens of Oak Cliff are the problem here?

 

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