OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning and Zoning Commission Regular Session – August 19, 2025: 45th Street Village Site Plan and Parking Lot Approval

Mayor and City Council & Boards — Tuesday, August 19, 2025
BodyOcean City, Maryland
SessionMayor and City Council & Boards
DateTuesday, August 19, 2025
StatusFILED
Video Record
0:00 / 27:36

Transcript — Verbatim
0:16

Okay.

0:16

All right.

0:17

I will go ahead and call uh to order this planning and zoning commission meeting for Tuesday today, Tuesday, August 19th, 2025.

0:25

The time is 533.

0:26

First item on our agenda is to go into a closed session to seek guidance from our legal council on legal matters.

0:32

I will entertain a motion to enter closed session.

0:35

I'd like to make a motion to go and closed session for the purposes of receiving legal advice on legal matters.

0:41

Sounds good.

0:42

Motion from Palmer?

0:44

Second from Kevin.

0:45

Any discussion?

0:47

All those in favor?

0:49

All right.

0:49

We'll go ahead and move into closed session.

0:55

Good.

0:57

Yes.

1:00

Poor Chase.

1:00

Don't leave me high and dry.

1:01

Chase normally doesn't have to be gotta get him to cocktail out there.

1:06

Thank you for doing that.

1:07

That was uh really informative and uh long uh desired.

1:14

So I'm just reading this part.

1:16

You're reading this whole entire thing.

1:21

Who was who's the motion?

1:31

Skip that.

1:32

Okay.

1:34

And then read all of the points, all of those points.

1:37

Okay.

1:37

Who was present?

1:40

Okay, got it.

1:41

So we're gonna let everybody in.

1:48

Yep.

1:49

I'll go back to my assigned seat.

1:54

Yes, thank you.

1:59

Yeah.

2:21

Not good to go ahead on though.

2:22

So we'll wait for Chase to get back.

2:24

Got it, sorry.

2:40

Yes.

3:18

Yep.

3:18

Okay.

3:19

Uh quickly I will report on the closed session.

3:23

Um we went into closed session at 533 here in the city council city hall chambers.

3:28

Uh a motion to close the meeting was made by Palmer Gillis and seconded by Kevin Rowe, uh, with all members in favor.

3:34

Uh we went into closed session to consult with council to obtain legal advice.

3:39

Um again, the time was 5 33 p.m.

3:41

Council chambers here in City Hall.

3:43

Members who voted in to meet in closed session, Palmer Gillis, Gordon Kretzer, Tony Buda, Janet Huff, Kevin Rowe, and Joe Wilson.

3:51

In addition, we had persons in attendance.

3:53

Um, Pam Robertson, Mike Quaid, um Chase Maureen, George, and Bill.

4:01

Let's see.

4:02

Sabrina.

4:03

What's that?

4:04

And Sabrina.

4:04

And Sabrina.

4:05

Sorry, she wasn't sorry, Sabrina.

4:08

Um, under three-three oh five for the closed session, subsection seven to seek legal advice and to consult with legal counsel.

4:18

Um no action is taken, um no recorded votes, and we are resuming at six thirty-two p.m.

4:24

in the council chambers.

4:26

All right.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████46%
Parking Management█████████████████████████████30%
Procedural████████████████16%
Pending Litigation████████8%
Summary of Proceedings

Planning and Zoning Commission Regular Session – August 19, 2025

The Ocean City Planning and Zoning Commission met on Tuesday, August 19, 2025, at 5:33 p.m. for a closed session to consult with legal counsel (ending at 6:32 p.m.), followed by a regular session at 6:32 p.m. in City Hall Council Chambers. The commission approved two sets of meeting minutes and unanimously approved a site plan for enclosed dining at 45th Street Village and a new off-site parking lot on 43rd Street, with an added condition to maximize parking on an adjacent lot.

Consent Calendar

  • Approval of Minutes (June 17, 2025 and August 5, 2025): Motion by Palmer Gillis, second by Janet Hough. Approved unanimously. The June 17 minutes had been tabled at the August 5 meeting due to lack of a quorum.

Discussion Items

  • Site Plan Amendment – 45th Street Village (PZ #25-18100010): The applicant, 1416@43rd LLC / Sibony Atlantic LLC (represented by Richard Jarvis and architect Keith Iott), proposed:

    • Enclosing the former outdoor dining area of the 38 Degrees Restaurant at 4511 Coastal Highway to protect from weather.
    • Removing an existing tiki bar and reconfiguring parking.
    • Demolishing a four-unit apartment building at 16 43rd Street to construct a 10-space parking lot (43rd Street Parking Lot) for off-site employee/restaurant parking, with a deed restriction ensuring exclusive use for 45th Street Village.
    • Temporary use of two additional spaces on adjacent Lot 13 (14 43rd Street).

    Staff Planner George Bendler presented the proposal, noting the parking calculated met code requirements (273 total spaces, including 12 off-site, within 600 feet as the crow flies). Commissioner Palmer Gillis raised concern about the three remaining existing dwellings on Lot 13, which had a non-conformity in parking. He requested that the applicant improve parking for those units on Lot 13. The applicant (Keith Iott and Mr. Sibony) agreed to commit to providing the maximum number of parking spaces (including tandems) on Lot 13, using gravel and bumpers, to reduce the non-conformity.

    The commission also discussed enforcement of employee parking at the off-site lot and the time limit of the deed restriction (no time limit; must be released by Mayor and City Council).

Key Outcomes

  • Motion to Approve: Janet Hough moved to approve the site plan with the condition that the applicant provides the maximum number of parking spaces possible on Lot 13 (including tandem spaces). Seconded by Palmer Gillis. The motion passed unanimously (6-0-1, with Kevin Rohe absent).
  • Condition: The applicant must submit a revised site plan showing the additional Lot 13 parking to staff prior to issuance of a building permit. The parking will be gravel with defined bumpers.
  • Staff/Commissioner Comments: Staff thanked outgoing commissioners Joel Brous and Mike Quade for their service and welcomed new commissioners Gordon Kretzer and Tony Buda.
  • No public comments were received.

Meeting Transcript

Okay. All right. I will go ahead and call uh to order this planning and zoning commission meeting for Tuesday today, Tuesday, August 19th, 2025. The time is 533. First item on our agenda is to go into a closed session to seek guidance from our legal council on legal matters. I will entertain a motion to enter closed session. I'd like to make a motion to go and closed session for the purposes of receiving legal advice on legal matters. Sounds good. Motion from Palmer? Second from Kevin. Any discussion? All those in favor? All right. We'll go ahead and move into closed session. Good. Yes. Poor Chase. Don't leave me high and dry. Chase normally doesn't have to be gotta get him to cocktail out there. Thank you for doing that. That was uh really informative and uh long uh desired. So I'm just reading this part. You're reading this whole entire thing. Who was who's the motion? Skip that. Okay. And then read all of the points, all of those points. Okay. Who was present? Okay, got it. So we're gonna let everybody in. Yep. I'll go back to my assigned seat. Yes, thank you. Yeah. Not good to go ahead on though. So we'll wait for Chase to get back. Got it, sorry. Yes. Yep. Okay. Uh quickly I will report on the closed session. Um we went into closed session at 533 here in the city council city hall chambers. Uh a motion to close the meeting was made by Palmer Gillis and seconded by Kevin Rowe, uh, with all members in favor. Uh we went into closed session to consult with council to obtain legal advice. Um again, the time was 5 33 p.m. Council chambers here in City Hall. Members who voted in to meet in closed session, Palmer Gillis, Gordon Kretzer, Tony Buda, Janet Huff, Kevin Rowe, and Joe Wilson. In addition, we had persons in attendance. Um, Pam Robertson, Mike Quaid, um Chase Maureen, George, and Bill.

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