Board of Zoning Appeals Meeting – December 18, 2025
Board of Zoning Appeals Meeting – December 18, 2025
The Ocean City Board of Zoning Appeals met on Thursday, December 18, 2025, at 6:00 p.m. in City Hall Council Chambers. The board addressed administrative matters, held a public hearing on an appeal of a zoning administrator’s nonconformity determination for the Sea Cove Motel, and elected officers for 2026.
Consent Calendar
- Minutes: The board unanimously approved the minutes from the November 20, 2025 meeting (vote 4-0-1, with Emily Nock abstaining).
- Findings of Fact: BZA 2731 (Beach Variety): The board approved findings of fact for a special outdoor display of merchandise exception at 2802 Philadelphia Avenue. The motion passed unanimously (4-0-1).
- Findings of Fact: BZA 2732 (Bradley Construction Company): The board approved findings of fact for two special yard exceptions at 102 Winter Harbor Drive. The motion passed unanimously (4-0-1).
Discussion Items
- Motion to Strike Revised Determination: Attorney Peter Buas, representing applicant Kozmas Inc., moved to exclude the Zoning Administrator’s revised nonconformity determination (dated October 27, 2025) and related documents, arguing the appeal superseded further administrative action. After staff rebuttal, the board denied the motion (4-0-1), noting no prejudice to the applicant given ample time to prepare.
- Public Hearing – BZA 2729 (Sea Cove Motel Appeal): The applicant appealed the Zoning Administrator’s determination that the two-story wooden structure (the “house”) at 105 27th Street had been illegally converted from four apartments to 13 motel rooms, and that the property’s legal density was 19 units. The applicant sought a finding of nonconformity for density (28 units) and parking.
- Staff presented evidence including 1968 plumbing records showing four units, aerial photos from 1983–2003 showing stairs absent until after 1991, and zoning maps placing the house in a multifamily district. The Zoning Administrator concluded the conversion was unpermitted and there was no nonconformity.
- Applicant witnesses included former zoning administrator Blaine Smith, who testified to the property’s history under a 1946 code with no density limits; construction expert Frank Harvey, who stated interior materials (paneling, ceiling tiles) dated to the 1950s–1970s, inconsistent with a 1990s conversion; prior owner Roger McCabe, who confirmed 13 units since the 1980s; and longtime neighbor Patricia Williams, who observed continuous motel use since 1975.
- The board deliberated, finding applicant’s testimony more persuasive, particularly on the age of interior materials and the absence of observable structural changes.
Key Outcomes
- Density Nonconformity: The board voted 4-0-1 to reverse the Zoning Administrator’s determination and find that the Sea Cove Motel has a legal nonconformity for nine motel units (28 existing units vs. 19 permitted by current code). Motion by John Moran, seconded by Emily Nock.
- Parking Nonconformity: The board voted 4-0-1 to find a legal nonconformity for 13 parking spaces, based on the 1970 permit noting “no parking provided” for the two-story building. Motion by Dan Stevens, seconded by John Moran.
- Election of Officers: Christopher Rudolf was re-elected Chair, and Emily Nock was re-elected Secretary for 2026 (both by voice vote).
- Adjournment: The meeting adjourned at approximately 9:30 p.m.
Meeting Transcript
Zoning appeals meeting for Thursday, December the 18th, 2025. We're gonna begin with some administrative matters and then we will move into public hearings. Um item number one, we have the minutes from the November the 20th, uh yeah, November 20th, 2025 meeting. Um these are in your packets, board members. Um the floor is open for discussion and a motion. I have no changes. Yeah, I've reviewed and I didn't catch anything, so no I didn't see anything. I motion we accept the minutes to the meeting for uh notieth. Yeah, November 20th, 2025. Okay, we have a motion to accept the meeting minutes from November 20th. Do we have a second? Second, all right, second by Mr. Moran. All in favor of approval of the minutes signify by saying aye. Aye aye. Okay, and uh no opposition and one abstention from Miss Knock. Approved three to zero. Okay, um item number two, we have the findings of fact for BZA two seven three one from Beach Variety. Again, these are in your packets. Um the floor is open for discussion and a motion. I have no changes. Likewise, no make a move motion that we approve the findings of fact for application BZA 2731 25-094014. All right, we have a motion in the affirmative. Do we have a second? A second. All right, second by Mr. Stevens. All in favor of the motion, signify by saying aye. Aye aye. All opposed and one abstention. Okay. Um the findings of fact are approved three to zero to one. All right, and item number three, we have the findings of fact for BZA two seven three two, uh Bradley Construction Company. Um again, these are in your packets. The floor is open for discussion and a motion. I have no changes. Yes. For BZA 2732, 25-094-00015. All right, we have a motion in the affirmative by Mr. Stevens. Is there a second? Second, second by Mr. Moran. All in favor of the motion, signify by saying aye. Aye. Aye. All opposed and one abstention. Okay. All right. The uh findings of fact are approved three to zero to one.
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