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Zoning board denies subdivision variance for two houses in Bayou Shores at 1804/60 Fifth Street
Summary
On June 4, 2025, the Galveston Zoning Board of Adjustment denied a variance that would have allowed a single legally nonconforming lot in the Bayou Shores neighborhood to be subdivided into two separate lots, each to contain one of two houses built in 2024.
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On June 4, 2025, the Galveston Zoning Board of Adjustment denied a variance that would have allowed a single legally nonconforming lot in the Bayou Shores neighborhood to be subdivided into two separate lots, each to contain one of two houses built in 2024.
The subject parcel (described in the staff report as a half of an original Bayou Shores Wheeler subdivision lot) currently contains two identical structures. Planning staff said the existing lot does not meet Article 3 addendum minimums for R-1 lots—required standards cited in the report include 50 feet minimum width, 100 feet minimum depth and 2,500 square feet minimum area—and that the applicant proposed parcel dimensions of roughly 25 feet width, 72.5 feet depth and about 687.5 square feet area for each new lot if the division were allowed.
Laura Ward, representing New Elite Homes, said the builder received two permits and two addresses and that the intention was to sell two homes to owner-occupants. Ward told the board she gathered five letters of neighborhood support and argued the subdivision would increase homeownership and neighborhood stability. “Our intentions are rooted in respect for the island and the belief that thoughtful, responsible development can serve both current residents and future residents for generations,” Ward said.
Several board members disagreed with that rationale. Commissioners raised procedural and precedent concerns, saying the hardship was self-imposed because two houses were built on a single lot without first securing approval to subdivide; one commissioner said, “You can't plead ignorance of the codes and regulations.” Other commissioners said the proposed lots would be out of scale with surrounding parcels, would reduce privacy, and could invite further similar subdivisions that would alter neighborhood character.
A motion to deny the variances was made on grounds that there is no special condition on the property, the hardship is self-imposed and based largely on financial considerations, and that the variance would improperly circumvent existing procedures. The motion was seconded and the board voted to deny the request; the transcript records the motion passing but does not include a roll-call vote tally.
