Ocean City Board of Adjustments & Appeals Meeting Summary – August 6, 2025
Ocean City Board of Adjustments & Appeals Meeting
Date: August 6, 2025
Time: 3:00 PM
Location: City Hall, Council Chambers
Board Members Present: Mike Donnelly (Chairperson), Brianna Bentz, Richard Hansen (also referred to as Mr. Copen in transcript)
Staff Present: William Neville (City Planner / Floodplain Manager), Christine Ferber (Board Admin), Spencer Cropper (Board Attorney)
The meeting was called to order and the board addressed one variance case (BAAV 25-043) that had been tabled from the July 2, 2025 meeting. The board also approved the minutes from the previous meeting.
Consent Calendar
- Approval of Minutes: A motion was made and seconded to approve the minutes from the July 2, 2025 meeting. The motion passed unanimously (voice vote).
Discussion Items
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BAAV 25-043 – 315 South Heron Gull Court – Variance from Minimum Elevation Requirements
Applicant: Keith Coffin, owner/builder
Request: A variance from Town Code Section 38-71(a)(5) to reduce the required three-foot freeboard elevation above the AE-6 flood zone for a lateral extension of open, unenclosed rear decks. The main house would meet the required 9-foot elevation (AE-6 + 3 feet freeboard), but the proposed rear deck and patio system would be lower. The initial request was for a one-foot reduction, but discussion revealed the applicant actually needed a two-foot reduction (to 7 feet) to achieve a deck height under 30 inches for a view and to satisfy neighbor requests.Staff Presentation (William Neville):
- Explained flood zone mapping: the lot is partially in AE-6 zone; the main house is in X zone but the rear deck encroaches into AE-6.
- Noted that the architectural plans originally showed a concrete patio with a subgrade crawl space; if built as a wood deck, drainage underneath would be acceptable.
- Raised concern about a subgrade crawl space; applicant clarified the deck is now proposed as wood, not concrete.
- Discussed code interpretation: the International Residential Code requires attached structures to meet elevation; however, the applicant pointed out that open decks may not be subject to the same requirement. Staff advised that for flood insurance and FEMA compliance, obtaining a variance is the prudent approach.
- Staff Recommendation: Approve the variance subject to four conditions:
- Sign a non-conversion agreement for the garage (built below required elevation).
- Elevate HVAC, mechanical, and pool equipment to meet minimum standards.
- Any proposed kitchen, pool, spa, and mechanical equipment associated with the rear deck/patio must meet required elevations or be included in the variance request.
- Subgrade crawl spaces are not allowed; plans must be revised to show the crawl space can drain at elevation.
Applicant Presentation (Keith Coffin):
- Expressed full support for the conditions.
- Stated he has built or moved four homes in Heron Harbor and has lowered decks on each one to avoid railings (under 30 inches) and preserve views.
- Noted that neighbors to the east requested he lower the deck to improve their view of sunsets.
- Clarified the deck is open, unenclosed wood; the pool area and upper deck will remain at 9 feet.
- The lower deck will step down approximately two feet from the house (to 7 feet) and then step down another two feet to ground level.
- Confirmed all HVAC and pool equipment will be elevated to 9 feet.
Board Discussion:
- Chairperson Donnelly distinguished between the need for a one-foot or two-foot variance; staff noted that a two-foot reduction is the minimum necessary to achieve the applicant’s design.
- Staff reviewed variance criteria: the variance is the minimum necessary considering flood hazard; it will not increase flood heights; the property will be protected by methods to minimize flood damage (e.g., allowing water to flow under the deck).
- The board acknowledged the variance request as originally submitted (one-foot) but agreed to grant a two-foot reduction as discussed, consistent with the minimum necessary standard.
Key Outcomes
- Motion: A motion was made and seconded to approve the variance for BAAV 25-043.
- Vote: All members present voted in favor (3-0).
- Conditions: The variance is granted for a two-foot reduction in freeboard elevation for the specified rear deck areas, subject to the four conditions recommended by staff.
- Next Steps: The applicant will revise plans to reflect the wood deck design, ensure proper crawl space drainage, and sign the non-conversion agreement for the garage. Final permits will require inspection to confirm compliance.
Meeting Adjourned: 3:48 PM (approximate).
Meeting Transcript
It's not gonna just break this piece off. But that's still gonna affect the foot or the this is a footer here. It's still gonna affect that. And then the pools right there. We could be looking at major structural damage form. Where two pounds would cost you what five, six thousand dollars. They were like, just going from a paddle straight all the way down. No, the only thing he's got here is a footer system. So here's the other question for him that may help answer the question. If you if you look at this cross section detail, it's seeing that I think the reason he's building this outer foundation wall is that he's planning on backfilling behind it and building all of this area as a patio. Okay, the patio. Good. Okay. Good afternoon. I'd like to open up the meeting for the Board of Adjustment Appeals for today, August the 6th, 2025. Um we have Mr. Neville representing the city this morning. Would you be sworn in, please? I do. Well you can place mics on the five time. Hello. Yes, you're hold on. All right, good. William Neville and the floodplain manager here for the city, and I'm glad to see the full board um ready to hear the first case and only case for today's meeting. Um this is um BAA case 25 43, the coffin residence. It this was um item was rescheduled from the last meeting. And um I'll I'll just read the the request. Board of Adjustments and Appeals is requested to consider and authorize a variance from the strict application of town code section 3871A5 minimum elevation requirements to reduce the minimum three-foot freeboard elevation requirement above the AE6 flood zone by approximately one foot for a lateral extension of open unenclosed decks to the rear of a proposed single family residence, which will otherwise meet required minimum lowest floor elevation. So you've had a chance to review the the staff report. I won't walk through all of it. Um but basically the um entire new home that's being constructed um will meet the required nine foot uh flood elevation that would be based on the AE6 flood zone plus three feet of freeboard. Um the main house is in the X zone, so technically it would only have to be built to an elevation 7.5. But the uh the question for your consideration is um the construction of an extensive network of decks and possibly patios um to the rear of the house places the entire structure overlapping into the AE6 flood zone. So our practice is to require the most restrictive um elevation. Uh Mr. Coffin has designed his building accordingly. Um there are a couple things that we noticed on on reviewing the plans. Um the I think the staff report called it an existing garage, the but the proposed garage facing South Hair and Gow Court is likely to meet an existing grade of seven or of five point five with a proposed elevation of seven. It would require a non-conversion agreement to be signed by the owner for a permitted use below the required um elevation. And that's that's standard practice. Mr. Coffin just signed one um here for one of his other houses that it's something we take care of um later in the process. Um the blue again, the proposed lowest floor elevation of the main structure will comply with the required elevation. Um the horizontal extension of the rear deck and patio system with finished elevations below nine feet would require approval of a minimum th one foot freeboard elevation variance. Um the building permit plans do identify proposed HVAC mechanical and pool equipment that must meet uh these same code requirements for elevation. And at the rear of the structure structure, we noted that um again, the the outdoor areas. I'd like to come back and and talk in in detail about what's shown on some of the the um construction plans. But the other thing that we we did notice with the architectural plans is that the crawl space below the main floor of the house may not uh drain out, it would be a subgrade crawl space, and I think that's the result of a decision to on the back of the house, instead of having an open area under a uh frame deck, it's potentially being filled to a foundation elevation. And so, you know, again, we we will just need evidence and proof that the lowest adjacent grade to the crawl space is is at or below that crawl space elevation so that it can drain out. Um so that's something that would could be solved with uh a detail on the plans, or we're gonna have to solve it later when we're doing inspections.
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