Ocean City Board of Zoning Appeals Meeting – November 20, 2025

This meeting of the Ocean City Board of Zoning Appeals was held on Thursday, November 20, 2025, at 6:00 p.m. in City Hall Council Chambers. The Board addressed administrative matters, an approval extension request, two public hearings, and the proposed 2026 meeting calendar. All votes were taken with four members present (Christopher Rudolf, John Moran, Dan Stevens, Sean Buckley) and one member absent (Emily Nock), resulting in a 4-0-1 tally for each motion.

Consent Calendar

• Minutes from November 6, 2025: Approved unanimously (4-0-1).
• Findings of Fact – BZA 2728 (Craig Reichard): Adopted unanimously (4-0-1).
• Findings of Fact – BZA 2730 (P.E. Moore and Sons Construction): Adopted unanimously (4-0-1).
• Amendment to Rules of Procedure – 60‑day review for Findings of Fact: The Board approved a resolution changing the review period from 30 to 60 days after the close of the public hearing, to allow more time for staff and to accommodate meeting cancellations. Approved unanimously (4-0-1).

Approval Extension Request

• KYMA Hotel (BZA 2608): Attorney Hugh Cropper, representing the property owner, requested an 18‑month extension of site plan approvals (originally granted in 2022) through May 4, 2027. He detailed recent design modifications (eliminating a seventh‑floor restaurant, moving food service to the second floor, and incorporating a Bayside Boardwalk easement) that required a new site plan approved November 4, 2025. Staff had no objection. The Board unanimously approved the extension (4-0-1).

Public Hearings

Beach Variety – Outdoor Display of Merchandise (BZA 2731)

• Request: Special outdoor display exception for retail items (eight clothing racks and four beach chairs) on the exterior of Beach Variety, 2802 Philadelphia Avenue, within the 28th Street Plaza.
• Staff Summary: Zoning Analyst Chase Phillips confirmed the property had held similar approvals since 2011, the most recent expiring July 23, 2023. No violations or complaints were on record. Staff recommended approval with six standard conditions (restricted to current owner and business type; three‑year expiration on November 20, 2028; no outdoor sales; no amplified sound or flashing lights; prohibition of offensive materials; and a show‑cause clause for violations).
• Applicant Testimony: Timothy Rolleston, owner, stated the display is placed in an indented alcove (for which he pays rent), has been in place for 11 years without complaints, and draws customers into the store. All transactions occur indoors. He confirmed no issues with adjacent businesses (Candy Kitchen, laundromat).
• Board Deliberation: Board member John Moran noted the lack of separate planters or architectural features to delineate the display, but accepted that the alcove walls and rent payment satisfy intent. The Board found the request compatible with the neighborhood and consistent with code requirements.
• Motion and Vote: Motion to approve under Section 110‑94(5) with the six recommended conditions. Approved unanimously (4-0-1).

Bradley Construction – Porch and Second‑Story Addition (BZA 2732)

• Request: Two special yard exceptions at 102 Winter Harbor Drive (Lot 65, Caine Keys II): (1) a porch to be built to the existing legally nonconforming side yard setback of 4.7 feet; (2) a second‑floor addition over the garage to be built to the existing legally nonconforming side yard setback of 5.9 feet.
• Staff Summary: The existing dwelling, built in 1966, does not meet the R‑1 district’s required 15‑foot aggregate side yard setback. The proposed additions would not extend beyond the existing footprint. Letters of no objection from neighbors at 100 and 104 Winter Harbor Drive were received and placed into the record. Staff confirmed proper noticing.
• Applicant Testimony: David Bradley (Bradley Construction) explained the owners wished to add a bunk room, a bedroom, a shared bathroom, and a coffee bar, increasing the total bedroom count to five. The neighbor Williams Voigt testified that he had shown renderings to both adjacent property owners, who agreed in writing after reviewing the design. No opposition was expressed.
• Board Deliberation: Board members noted that the request satisfied the code standards for special yard exceptions because the nonconformity existed on the lot and the proposed construction would not adversely affect adjacent properties. The color rendering was entered into the record.
• Motion and Vote: Motion to approve both exceptions under Sections 110‑93(2) and 110‑94(3)(a). Approved unanimously (4-0-1).

Calendar for 2026

• Staff presented the draft 2026 meeting calendar, maintaining the current schedule of second and fourth Thursdays at 6:00 p.m. (with November and December meetings on first and third Thursdays). The Board expressed satisfaction with the existing schedule and did not propose changes. The item was informational only; no vote was taken.

Key Outcomes

• Minutes of November 6, 2025 approved (4-0-1).
• Findings of Fact for BZA 2728 and BZA 2730 adopted (both 4-0-1).
• Rules amendment (60‑day findings review) adopted (4-0-1).
• Approval extension for KYMA Hotel granted through May 4, 2027 (4-0-1).
• Beach Variety outdoor display exception approved with six conditions, effective through November 20, 2028 (4-0-1).
• Bradley Construction special yard exceptions for porch and second‑story addition approved (4-0-1).
• 2026 calendar presented; no action required.
• Next meeting reminder: December 18, 2025, which will include a major postponed application. Board members were asked to confirm availability for quorum.