Zoning board approves setback exception for HVAC platform at 9306 Vistabella adjacent to Artist Boat open space

On June 4, 2025, the Galveston Zoning Board of Adjustment approved a special exception allowing an existing HVAC platform at 9306 Vistabella to encroach to the property line, reducing the side-yard setback from the required 3 feet to 0 feet.

The exception was requested under the Galveston Land Development Regulations, Article 3 addendum, and staff told the board the encroachment was discovered during the certificate-of-occupancy process. The platform sits along the east side of the house and abuts permanent open space owned by the nonprofit Artist Boat.

Planning staff presented photographs, a survey showing the platform reaches the property line, and the staff report summarizing applicable approval standards including Section 12.401 of the land development regulations. A staff member said public-works commented “no objection with comments,” and noted there were no concerns provided the applicant did not extend any structure beyond the property line.

Applicant Zach Gavis, owner of Keepsake Custom Homes, told the board the house and mechanical platform were built from the approved plans but that the platform had to be enlarged in the field to accommodate two air-conditioning condensers and a generator. “I take full responsibility for this,” Gavis said, and explained the platform was screened with louvers to match the house design and to screen mechanical equipment from neighboring properties.

Gavis said the house was placed on the lot so its front and rear align visually with other houses in the neighborhood; the platform location, he said, was shown on the plan and then increased in size during construction to preserve equipment clearances and warranties. A neighbor provided one written notification in favor and another neighbor, William Stevenson, indicated he planned to submit a supportive or neutral notification; staff confirmed one additional in‑favor notice was received.

A commissioner moved to approve the special exception on the basis that the encroachment would not adversely affect the value or use of adjacent property; the motion was seconded and passed. The board recorded the motion as approval; the formal vote tally was not specified in the transcript.