Ocean City Board of Adjustments and Appeals Meeting - February 4, 2026
Ocean City Board of Adjustments and Appeals Meeting - February 4, 2026
The Board of Adjustments and Appeals met on February 4, 2026, at 3:05 PM in City Hall Council Chambers. The meeting was called to order and adjourned at 3:35 PM. The board considered a single variance request for a property at 165 Old Wharf Road, despite the agenda listing two other properties (731 Laurel Avenue and 102 Winter Harbor Drive). The discrepancy between the agenda and the actual proceedings is noted.
Consent Calendar
- The board approved the minutes from the November 12, 2025 meeting.
Discussion Items
- BAAV 26-013 – 165 Old Wharf Road: The board considered a variance request from TOC Code Section 38-71(a)(5) to reduce the minimum 3-foot freeboard elevation requirement above the AE-5 flood zone by approximately 2.9 feet for a substantial improvement of an existing residence, including lateral and vertical additions. The property owner, Daniel Ross, and contractor Justin Ball were present.
- City Planner Bill Neville presented the staff recommendation, explaining the FEMA requirements and the conditions needed to comply. He noted that the existing subgrade crawl space could not be expanded due to the town's floodplain ordinance, which does not allow new subgrade crawl spaces. The options were to fill the crawl space to meet adjacent grade, install a drainage system, or construct a slab-on-grade foundation for the new addition.
- The applicant expressed a preference for a crawl space for access and maintenance but indicated willingness to comply with a slab-on-grade if necessary. They agreed to bring flood vents up to code, elevate mechanical equipment, and remove a spiral staircase for accessibility.
- Board discussion focused on the crawl space condition. It was clarified that the existing crawl space could be modified to meet FEMA Technical Bulletin 1 and 11-01 standards, and the new foundation must not be a subgrade condition. The board allowed flexibility for the applicant to engineer a solution (e.g., gravity drainage) that meets the standards.
Key Outcomes
- Motion and Vote: Board member Tom Seibold made a motion to approve the variance for a 2.9-foot reduction of freeboard with the following conditions:
- The value of 10-year cumulative improvements shall not exceed 50% of current market value.
- The lateral addition(s) must be elevated at least as high as the original building’s lowest floor, consistent with FEMA P-758.
- The existing subgrade crawl space and proposed foundation extension must meet crawl space requirements consistent with FEMA Technical Bulletin 1 and 11-01.
- Proposed foundation for horizontal addition must be constructed to meet those same FEMA standards.
- Enclosed foundation areas, deck enclosures, and garage shall be improved with FEMA compliant flood openings or flood vents.
- All new or replacement mechanical/electrical equipment must be elevated to meet minimum lowest floor elevation requirements.
- The motion was seconded by James Jefferson and passed unanimously (3-0).
Note: The agenda listed two other variance requests (BAAV 26-014 for 731 Laurel Avenue and BAAV 26-016 for 102 Winter Harbor Drive), but these were not discussed during the meeting. The minutes and transcript only cover BAAV 26-013.
Meeting Transcript
Attention to the request. You would need to determine whether or not to grant uh the requested 2.9 foot uh variance request rather than the full three feet uh in order to meet that uh test. And finally, the building structure other development is protected um by methods to minimize flood damage. And I would just note that the existing um property is is built with a masonry foundation. Uh the existing floor is at least one feet above the perimeter grade, and those things um if um the the conditions are adopted uh we would see an an improvement to the to the flood vent requirements to meet current standard. So those are the six criteria that you would normally consider uh with an application at this point. Um I'd be glad to answer any questions, or if you'd like to ask the applicant a question, and um at that point I can come back and and summarize with our our recommendation. Does anybody have any questions for Bill? No, can we have the applicant come forward and be sworn in? Thomas, are you on from here? Do you finally swear from the top of the whole change and nothing but the two parts that up there? Uh once it's all over the moment. Uh home address or business address. Business is fine. Uh 9808, Steve Indicator Highway. Okay, gentlemen, do you want to explain your side of the story here? Um sure. The um Bill covered it pretty well. The um substantial improvement part while he was speaking there. I thought the determination was it was not substantial improvement. Is that correct? It's right up the edge, but yes, I prefer that it was not instead. Yeah, I thought you'd said it was so, but that doesn't affect the the uh FEMA code is what you're saying. And I said it was like a moot point almost um yes, because the FEMA guidance says that the addition should be considered new construction, so the whole question of substantial improvement is taken out of consideration. Um the other thing um that I think it will be important with the board's consideration is that um technically I think the because there's not been a prior variance granted um for the last improvement that was done in 2017. I think the board's motion has it can uh essentially grant a variance for the existing construction as well as the new construction. So I think again, in in any combination of that, um whether the the substantial improvement review you know could have made a difference, it it really the right thing to do has been to request that the board consider the whole house um for both the existing and the the new construction. Okay. Um so with that said, I mean, we're willing to comply um with the recommendations to bring it into compliance. Um you asked the question about the existing hot tub that is not part of the new construction. Um I believe it is secured, but we can currently exist you're not changing that at all. Correct. Okay, yeah. Um, and as far as the flood vents, we can bring there's a there's a mini there, and we we supply pictures and all that, but if it doesn't meet the requirement, we can we can add the new ones in. Um other than that, it's just an access raising it uh is an additional stairs. Um we're already removing a spiral staircase, and so it's just accessibility. I can speak to any other things you need from us to come into compliance. Any any and all mechanicals that are are that are there will be moved could be kept above okay. And any existing are are the existing mechanicals to code now? I believe so. The outdoor equipment may need to be slightly more elevated on a platform, but that's a that's a small adjustment. Okay, and I think there's a uh water heater in the garage that may need to be elevated, so yeah. So there'll be two separate crawl spaces. Well, one will be could the existing crawl space and the other will be filled. So I I think that's I didn't elaborate on that. That's that information is at the end of the staff report. Um what is clear is uh in with the FEMA documents is that a community is not supposed to permit any new subgrade crawl spaces. Okay, unless we were to adopt a set of of um limitations on that that matches that uh technical report that's at the back of the staff report. Okay, and it basically says that it can't be more than two feet below the per outside grade and it it can't the crawl space can't be any more than four feet high. Um but the problem is we can't approve it that way because we haven't adopted those criteria into our flip plane ordinance.
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