Galveston Zoning Board grants two front-yard setback exceptions for houses on Charlie Street and Schwartz Drive

GALVESTON, Texas — The Galveston Zoning Board of Adjustment on Feb. 5 approved two special exceptions reducing front-yard setback requirements after staff said each house was sited closer to the street than permitted and the encroachments were found during certificate-of-occupancy reviews.

The board granted a 1.6-foot exception for a home (case 24Z-015) where staff said a stairway encroached on the 20-foot front setback; staff reported the encroaching side deck has been removed. The board also approved a 4.1-foot exception for a house at 11220 Schwartz Drive (case 25Z-001) after a post-construction review found the dwelling was located beyond the minimum setback required by the city’s land development rules.

The exceptions were approved after staff presentations and brief public comment. For the Charlie Street property, staff said 20 public notices were mailed and none were returned. For the Schwartz Drive property, staff said 28 notices were mailed and one was returned in opposition. Neither case drew substantive comments from city departments or utilities, according to staff.

Staff told the board that the Charlie Street property was moved onto the lot with permits in 2022 and that the stairway encroachment was discovered during the city’s certificate-of-occupancy review; staff said the adjacent side deck that had been part of the encroachment was removed to meet side setbacks. For the Schwartz Drive property, staff said permits for a new residence were issued in 2023 and an error in design or construction resulted in the building sitting 4.1 feet inside the required 20-foot front setback, creating a requested reduced setback of 15.9 feet.

The applicant for the Schwartz Drive case told the board, “I can’t move my house,” when describing why the exception was requested. The board questioned whether the error reflected a problem with the survey or the builder. During that exchange a participant who identified themselves in the meeting record as holding an engineering license explained that surveyors and professional engineers are licensed and regulated by the state and carry errors-and-omissions insurance; he said the city generally accepts certified plans provided by licensed professionals and that enforcement or claims for damages are typically pursued by affected private parties against those professionals.

David Finkley, ex officio, attended the meeting virtually; one seat on the board was vacant and Commissioner Carol Holloway was absent, the chair said at the start of the meeting. The board approved both special-exception motions without recorded roll-call tallies in the public transcript; each motion was seconded and the chair called the question before the board voted in favor.

Votes at a glance

- Case 24Z-015 (Charlie Street): Motion to approve a special exception reducing the front-yard setback from 20 feet to 18.4 feet. Staff reported 20 notices mailed; none returned. Outcome: approved.

- Case 25Z-001 (11220 Schwartz Drive): Motion to approve a special exception reducing the front-yard setback from 20 feet to 15.9 feet (4.1-foot deviation). Staff reported 28 notices mailed; one returned in opposition. Outcome: approved.

Board members and staff noted that when certified plans are submitted the city relies on professionals’ certifications and that homeowners who suffer loss because of survey or construction errors typically pursue remedies against the licensed professionals who prepared the plans or surveys. The board closed the meeting after approving the two cases and adjourned at about 3:48 p.m.