Commissioners Approve Reduced Setbacks for Spanish Pass Subdivision After Heated Hearing

County Judge Shane Stolarz and the Commissioners Court voted 3–2 on May 12 to grant a variance reducing interior side setbacks for a proposed three‑lot subdivision at 16 Spanish Pass.

Proponent Daryl McMaster told the court the design prioritizes sustainability, saying the project would “save just by that additional square footage in the solar generation of power... close to 1,500,000 gallons of water” through rainwater capture. County engineering staff, however, reported that only two of the four variance criteria were clearly met and that the development could pursue conventional hookups: “the property is capable of pursuing a public water system and relying on the well that’s on the property,” the county engineer said during the staff presentation. General counsel advised the court that the development rules require the court to make explicit findings that criteria are met to grant a variance, but also noted the court has discretion.

Commissioner Carpenter argued for flexibility, urging that “common sense trumps rules that make it impossible for someone to actually do something good.” Opponents on the bench emphasized adherence to written criteria; Judge Stolarz said that if the criteria are not met he cannot vote for variances as a matter of process. After debate and questions about fire‑code compliance and water backup plans, the motion passed with Precincts 1, 2 and 4 in favor and Precinct 3 and the judge opposed.

The court recorded that the variance reduces interior setbacks from 25 feet to 10 feet for the three new lots; exterior setbacks remain unchanged. The court noted the decision is governed by local development rules as amended August 31, 2023, and that the engineering office’s recommendation had been to deny based on the criteria evaluation. The item closed with the court adjourning for a brief recess before resuming other business.