Ocean City Board of Zoning Appeals Meeting - February 12, 2026

The Town of Ocean City, Maryland, Board of Zoning Appeals met on Thursday, February 12, 2026, at 6:00 p.m. in the City Hall Council Chambers at 301 Baltimore Avenue. The Board approved administrative items, granted a one-year extension of a dock special use exception, and approved a special yard exception for a proposed attached garage. Although the printed agenda and some exhibits were dated 2025, the meeting was convened as a 2026 meeting, and a board member noted that 2025 date headers would be corrected to 2026.

Consent Calendar

• Approved the minutes of the December 18, 2025, meeting, with a correction to include the record of the motion/vote on the introduction. The motion and second passed unanimously.
• Approved the Findings of Fact for BZA 2729 (Peter Buas, Esq., for Kozmas, Inc.) with revised conclusion language. The conclusion was amended to state that there are nine legally non-conforming rooms in the two-story structure, striking the phrase out of 13. Staff was directed to make the language change and retain the signature page for signing.

Extension Request - BZA 2713 (Tidal Solutions, LLC)

• Staff reported on the request to extend BZA 2713, a special use exception for a private dock on a lot with no principal use, located at Lot 21, Edgewater Avenue. The exception was originally approved on March 13, 2025, and was scheduled to expire on March 13, 2026.
• Staff stated the extension was needed for additional permitting time because the applicant's permit was denied by the Maryland Department of the Environment (MDE). The applicant still needed to address that denial, obtain Board of Port Wardens approval, and receive a town construction permit.
• Board Attorney Maureen Howarth clarified that on an extension request, the Board reviews only whether good cause has been shown, not new evidence on the underlying special use exception.
• The applicant's representative explained that the MDE did not issue its denial until late October 2025, an appeal was filed two days later, and a circuit court hearing was scheduled for the end of April 2026. The representative had originally requested an 18-month extension, but the Board's approved motion specified a one-year extension.
• The Board acknowledged that a letter of opposition from a neighbor was in members' hands when they considered the extension. After a motion citing good cause, the Board voted to grant the one-year extension.

Public Hearing - BZA 2733 (Logan Buas and Peter S. Buas)

• The applicants requested a special yard exception for a proposed attached garage at 707 Baltimore Avenue, Lot 10, Block 21, Sinepuxent Beach Company Plat, in the R-3A Moderate Residential District. The garage would be located 2.7 feet from the side lot line, rather than the 5 feet required by Section 110-366.
• Staff testimony noted that the existing house was built in 1937, predating current zoning requirements, and is legally nonconforming at a 2.7-foot side setback. The proposed garage would not exceed that existing nonconforming setback. Surrounding uses include vacation apartments at 709 Baltimore Avenue, the Surf Villa Hotel at 705 Baltimore Avenue, and workforce housing under renovation at 707 Wilmington Lane across the alley.
• The code basis for the exception is Section 110-94(3)(a), which permits yard exceptions where the lot or adjacent lot has a similar nonconforming yard, and Section 110-93, which requires that the exception not substantially adversely affect adjacent and neighboring properties.
• Applicant Peter Buas, sworn in as a property owner, stated that the proposal continues the existing building wall at the same 2.7-foot setback. He submitted a letter of no objection from the north property owner (Applicant Exhibit 5) and an updated site plan. Staff confirmed that notice letters were sent to property owners within 300 feet, although that was not a requirement.
• No members of the public spoke for or against the application.

Key Outcomes

• Minutes of December 18, 2025, approved as corrected.
• Findings of Fact for BZA 2729 approved with amended nonconforming-room language.
• One-year extension granted for BZA 2713, keeping the special use exception alive beyond its March 13, 2026 expiration.
• Special yard exception for the proposed garage at 707 Baltimore Avenue approved 4-0-1, with one abstention.
• The Board noted that there will be no meeting on February 26, 2026; the next meeting is March 12, 2026, with at least two applications/hearings scheduled.