Galveston ZBA upholds staff ruling that Denny's rebuild constitutes new construction after 2023 fire; appeal denied

The Galveston Zoning Board of Adjustment on June 9 affirmed a staff determination that the Denny's restaurant at 1410 Seawall is no longer a legal nonconforming structure, concluding that removal of the foundation slab meant reconstruction would be treated as new construction and must comply with current Land Development Regulations.

Tim Tejens, director of Development Services, told the board that Denny's was nonconforming because the building was set back from the front property line under older development patterns. After a fire in October 2023, the applicant initially sought and received a staff determination that the rebuild could proceed under the nonconforming-structure rules because submitted information showed repairs would be under the 50% substantial-improvement threshold. During permitting and early reconstruction…