Ocean City Board of Zoning Appeals Meeting - September 11, 2025
Ocean City Board of Zoning Appeals Meeting - September 11, 2025
The Ocean City Board of Zoning Appeals met on Thursday, September 11, 2025, at 6:00 PM in City Hall. Chair Christopher Rudolf presided. The board approved administrative items, conducted a public hearing for a special yard exception and variance, and received an educational presentation on Maryland's Critical Area program.
Administrative Matters
- Minutes from August 28, 2025 meeting – Approved unanimously (5-0).
- Findings of Fact for BZA 2727 (Clayton Homes) – Approved unanimously (4-0-1, with one abstention by John Moran).
Public Hearings
BZA 2728 – Craig Reichard (251 Flounder Lane) The applicant requested: (1) a special yard exception to allow a proposed dwelling to be 2.9 feet from the front lot line (matching an existing legal nonconformity), and (2) a variance of 3.5 feet from the 10-foot separation distance requirement, allowing the dwelling to be 6.5 feet from a neighboring dwelling.
Staff testimony by Chase Phillips confirmed the site (Lot E-24, Isle of Wight Mobile Home Park) is in the MH Mobile Home Residential Zoning District. The applicant's representative, Edward Moore of P.E. Moore and Sons Construction, testified that the lot's configuration, shared electric meter with adjacent property, parking constraints, and the need for emergency vehicle access justified the requests. He also noted that a firewall would be installed to address fire safety.
No members of the public spoke for or against the application.
Board Discussion and Actions:
- Special Yard Exception (Request 1): The board found that under Section 110-94(3)(a) a similar nonconformity existed on the lot, and the exception would not substantially affect adjacent properties. Motion to grant passed 4-0.
- Variance (Request 2): The board determined that the property was not unique or peculiar (the lot is larger than typical, not smaller) and that the applicant had not demonstrated an unwarranted hardship—a smaller house could be built or the house relocated. The variance was denied 4-0.
Educational Presentation: Maryland Critical Area Program
Emily Vainieri, Assistant Attorney General and Senior Counsel to the Department of Natural Resources, provided a detailed overview of the Critical Area program, including its history since 1984, the three land designations (Ocean City is entirely "Intensely Developed Area"), and the seven variance standards that must all be met. She emphasized the higher bar for critical area variances compared to typical zoning variances, the applicant's burden of proof, and best practices for board decisions (e.g., tying evidence to each standard). Board members asked questions about uniqueness, structure vs. land, reasonable accommodations for disabled applicants, and after-the-fact variances.
Key Outcomes
- Approved minutes from August 28, 2025 (5-0).
- Approved Findings of Fact for BZA 2727 (Clayton Homes) (4-0-1).
- Granted special yard exception for BZA 2728 (4-0).
- Denied variance for BZA 2728 (4-0).
- No meeting scheduled for September 25, 2025.
- Meeting adjourned shortly after 7:15 PM.
Meeting Transcript
All right, nope, mics need to be on. Okay. All right, good evening, everyone. I'd like to call to order tonight's Town of Ocean City Board of Zoning Appeals meeting for Thursday, September the 11th, 2025. We're gonna begin with some administrative matters and then we're gonna segue into public hearings. Um we're gonna start with item number number one under administrative matters, the meeting minutes from the August 28th meeting. Uh board members, the these are all in your packets. Um the floor is open for a discussion and a motion. Yeah, I have uh reviewed the minutes of the third Thursday, August 28th meeting, and I would motion to approve. Okay, we have a motion to approve by Miss Knock. Is there a second or further discussion? Second. All right, second by Mr. Moran. All in favor of approval of the meeting minutes signify by saying aye. Aye. All opposed, seeing none, let the record show the meeting minutes are adopted. Uh moving on to item number two, the findings of fact for BZA two seven two seven Clayton Homes. Again, this is all in your packets. Um the floor is open for a discussion and a motion. Again, I have uh reviewed the finding of facts for BZA two seven two seven, and I would motion to approve. Okay, we have a motion to approve. Is there a second or further discussion? Second. All right. Um second by um Mr. Buckley. Mr. Buckley, new member. Um all those in favor of approval signify by saying aye. Aye. Aye. All opposed, seeing none, let the record show the um uh findings of fact are adopted unanimously. Five uh four zero. All right, moving on to our public hearings. Um for six o'clock PM. We have um Craig Rikert. This is BZA case two seven two eight, number two five-zero nine four zero zero zero one two. Mr. Phillips, you have the floor. Thank you. Um the applicant and I swear you in Chase. Yes, sorry. Do you solemnly swear firm tell the truth, the whole truth, and nothing but the truth in front of the board of appeals. I do. Name and address. Chase Phillips, City Hall of 301, Baltimore Avenue, Ocean City. Um the applicant and property owner is Craig Reichard, and tonight the um on behalf of the property owner, Mr. Edward Moore of PE Morin's Sons Construction will provide testimony for the um for the applicant. Um the applicant has filed an application to request one, a special yard exception for a proposed dwelling to be two point nine feet from the front lot line, and second, a variance of three point five feet from the ten-foot separation distance requirement for a proposed dwelling to be six point five feet from a neighboring dwelling.
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