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Administrator’s revised nonconformity determination (dated October 27, 2025) and related documents, arguing the appeal superseded further administrative action.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.