Solarus Wins Unanimous Zoning Board Approval for Variance

Solarus has achieved unanimous approval from the Galveston Zoning Board of Adjustments for a critical variance, clearing the path for their seaside development. The approved variance resolves conflicts between local zoning regulations and FEMA’s building codes for high-risk flood areas. Despite initial opposition, the project’s redesigned, community-focused approach garnered full support, ensuring its progression.

Ivy Lopez

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Ivy Lopez

Published 

Jan 13, 2025

Solarus Wins Unanimous Zoning Board Approval for Variance

GALVESTON - The Galveston Zoning Board of Adjustments unanimously approved a variance request from Solarus, clearing a significant hurdle for the company’s seaside development. The board granted a waiver from Section 10.308-A1 of the HDDZ Standards in Galveston’s Land Development Regulations concerning street edge requirements. This provision conflicted with FEMA’s building code for Zone VE—an area at high risk for flooding—making compliance with both regulations impossible. FEMA mandates a finished floor elevation of 19 feet above sea level, while the property’s average grade is only 6.5 feet.

Hearing Dynamics and Community Reaction

Anticipating heightened community interest, the board deferred Solarus’s application to the end of the agenda. However, only a few individuals showed up to voice objections, despite several opposition letters submitted in advance by neighboring property owners, including residents of Sea Scape.

Among those present in opposition were Council Member Marie Robb, architect Steve Biegel (designer of the neighboring “Tiara” condominium project), and one other individual. Despite their concerns, the board approved Solarus’s variance request, indicating that opposition arguments were not sufficient to block the project.

Council Member Robb reiterated her longstanding concerns about erosion risks in the area, though she did not address ways in which Solarus had responded to her previous criticisms. Her opposition stood in stark contrast to her vocal support for the Tiara development—a 10-story condominium that broke ground in December 2024.

Biegel acknowledged that Solarus had improved its design since earlier proposals, noting a reduced overall height, a setback further from the beach, and added architectural features that address potential neighborhood impacts.

Challenges During the Hearing

The hearing exposed some confusion among board members regarding the scope of Solarus’s request. Two members, Carol Holloway and James Fagan, initially suggested deferring the application based on concerns unrelated to the variance itself. The city attorney cautioned that deferring on unrelated grounds would leave the board’s decision vulnerable to higher court challenges. At times, Holloway appeared confrontational with both the city attorney and planning officials, seemingly seeking a reason to halt the application.

Throughout the proceedings, City Planner Tim Tiegens maintained professionalism, clearly explaining the need for the variance and confirming that it would help reconcile conflicting city and FEMA requirements. Tiegens emphasized the city’s responsibility to uphold safety standards in flood-prone areas while respecting local ordinances.

Solarus Team and Vision

Patricia Joiner, serving as liaison for the Solarus team, thoroughly detailed how the redesigned project meets all other zoning requirements. Clearlake Asset Management CEO and Solarus developer, Mr. Kahlenberg, assured the board of his commitment to a community-focused development. He highlighted plans for public art installations and a seating area along the street-side façade, designed to promote local artistic expression and public access.

Kahlenberg also emphasized the project’s minimal environmental impact, underscoring its sensitivity to both neighboring residents and the coastal ecosystem. “This process ensures projects align with the spirit of the zoning ordinance,” he said. “We couldn’t comply with both FEMA and city standards without this variance. I’m grateful the board recognized the issue and approved our request.”

Outcome and Reflections

With the unanimous approval, Solarus can now move forward with its permitting process. Kahlenberg expressed gratitude for the feedback from Biegel and other stakeholders, noting that their input guided many of the project’s design revisions.

“I always aim to be a good neighbor,” said Kahlenberg. “Projects like this bring change, and change can be intimidating. But our goal is to strike a balance among community interests, financial viability, architectural appeal, and environmental responsibility.”

Biegel, who had criticized earlier iterations of Solarus, applauded the improvements in the latest version, citing reduced height, increased setbacks from the beach, and attention to maintaining neighbors’ views as key enhancements.

The Zoning Board’s unanimous decision in favor of Solarus demonstrates the importance of reconciling zoning conflicts in a way that balances safety, community engagement, and responsible development. Despite initial opposition and a challenging hearing, the project’s thoughtful redesign and compliance efforts ultimately won unanimous support—and with it, a promising future for this beachfront development.

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