Ocean City Board of Zoning Appeals Meeting – August 28, 2025

The Board of Zoning Appeals met on August 28, 2025, at 6:00 p.m. in City Hall. The meeting included the election of a secretary, approval of prior meeting minutes and findings of fact, a one-year extension request for a downtown hotel project, and a public hearing for a mobile home replacement. All votes were unanimous except one abstention.

Consent Calendar

• Election of Secretary: Emily Nock was unanimously elected Secretary of the Board.
• Minutes of July 24, 2025: Approved unanimously (4-0-1, Brian Shane absent).
• Findings of Fact – BZA 2724 (Andrew Swinder): Approved unanimously (4-0-1) for a special yard exception at 125 Marine Circle (dwelling 3.3 ft from front lot line; shed 3.4 ft from rear lot line).
• Findings of Fact – BZA 2726 (Joseph Moore, Esquire): Approved unanimously (4-0-1) for a special yard exception to allow the Majestic Hotel redevelopment to use a 22-foot legally nonconforming front yard setback along Atlantic Avenue.

Public Comments & Testimony

• No members of the public provided testimony on any agenda item.

Discussion Items

• Approval Extension Request – BZA 2709 / BZA 2608 (Effie’s Beach, LLC): Note: The agenda listed this as BZA 2709 (File #24-09400028) for a property at 711 South Philadelphia Avenue, but the transcript and staff repeatedly referred to BZA 2608 and the “KEMA Hotel” at 700 South Philadelphia Avenue. The board considered the request as presented by the applicant. The applicant, Hugh Cropper, Esquire, requested a one-year extension (through January 27, 2027) for previously granted approvals: a special parking exception for 11 substandard spaces (8.5’ x 18’ instead of 9’ x 20’), a variance from the 19-foot side yard setback along South First Street (0-foot setback for equipment enclosure), and a variance from the 8-foot landscape setback (0-foot setback). Mr. Cropper cited delays caused by negotiations for a fire lane through Sunset Park and a related easement agreement for a bayside boardwalk. He stated the project has a valid site plan and foundation permit, but construction was postponed to avoid a seasonal stop. Staff had no objection. The board found good cause and voted unanimously to grant the extension.
• Public Hearing – BZA 2727 (Clayton Homes): The applicant requested two special yard exceptions for a new manufactured home at 41 Canal Overlook Lane (Lot 8A, Warren’s Park Mobile Home Park): 0.3 feet from the front lot line and 0.4 feet from the side lot line. Note: The staff report initially misstated the first request as “side lot line”; the applicant corrected the record, confirming the front yard request. The property is in the MH (Mobile Home) Zoning District, and the existing home was legally nonconforming. The proposed home would not encroach further than existing nonconforming homes on adjacent lots and would maintain the required 10-foot separation. The applicant testified that the placement was the best possible design given the small lot dimensions. No public testimony was offered. The board approved both exceptions by a vote of 4-0-1 (John Moran abstained).

Key Outcomes

• Emily Nock elected Secretary of the Board of Zoning Appeals.
• Minutes and Findings of Fact for BZA 2724 and BZA 2726 adopted unanimously.
• Extension granted for BZA 2608 (Effie’s Beach, LLC): Approvals extended through January 27, 2027 (unanimous).
• BZA 2727 (Clayton Homes): Special yard exceptions approved for 0.3 ft front yard and 0.4 ft side yard setbacks (4-0-1, Moran abstained).
• The next meeting was announced for September 11, 2025, with one application (Isle of White mobile home park). Staff noted that board member Dan Stevens would be absent.