Ocean City Board of Zoning Appeals Meeting – March 26, 2026

The Town of Ocean City Board of Zoning Appeals (BZA) met on Thursday, March 26, 2026, at 6:00 p.m. in City Hall. The board handled administrative matters (approval of prior meeting minutes and findings of fact) and conducted two public hearings: a special parking exception for Embers Restaurant and a special yard exception for a residential addition on Teal Drive. Votes were taken on both applications.

Consent Calendar

• Minutes from March 12, 2026: Approved unanimously (4-0-1, with board member Sean Buckley abstaining). The vote was recorded as 4 ayes, 0 nays, 1 abstention.
• Findings of Fact for BZA 2734 (Jeffrey and Michelle Rosenkilde): Approved (4-0-1, with Buckley abstaining). This case had been heard at the March 12 meeting and involved a special yard exception for a sunroom at 14000 Sea Captain Road.

Public Comments & Testimony

No members of the public spoke during either hearing.

Discussion Items

1. BZA 2735 – Special Parking Exception for Embers Restaurant (2305 Philadelphia Avenue)

• Request: Hugh Cropper IV, attorney for Embers LLC, applied for a special parking exception to waive 15 parking spaces. The restaurant planned to enclose 1,425 square feet of existing outdoor dining space (covered but not fully enclosed) with roll-up glass garage doors. The enclosure would convert the area from outdoor to enclosed gross floor area, triggering a parking requirement of one space per 100 square feet (14.25 spaces, rounded to 15). The site currently provides 228 parking spaces, meeting the total requirement for all uses on the property, but has no surplus.
• Staff Report: Chase Phillips, Zoning Analyst, confirmed the site is in the LC-1 district and that the request falls under Section 110-94(2)(b) (waiving parking when full provision is unnecessary due to character or use). He noted no public opposition and compliance with noticing.
• Applicant’s Position: The restaurant is part of a large mixed-use complex (Embers Steakhouse, Blue Crab House, arcade, axe throwing, retail, mini golf, etc.) owned by a single entity. Attorney Cropper and witnesses (Cole Talston, manager; Rush Staley, employee) testified that parking is shared among uses and that the lot is never full—even when the restaurant is at capacity, 20-25% of spaces remain unused. They argued the mixed-use, destination nature of the complex makes full parking provision unnecessary.
• Board Discussion: Board member John Moran expressed concerns that the character and use of the building—retail, food, entertainment—are typical for Ocean City and do not meet the “unnecessary” standard of the code. He worried that granting the exception would set a precedent for similar businesses. Other members noted a prior case (OC Wasabi) with a similar request that had been approved, but that case was not in the record. Ultimately, Moran made a motion to deny.

2. BZA 2736 – Special Yard Exception for 1535 Teal Drive

• Request: Matthew H. Fogle applied for a special yard exception to allow a proposed first-floor addition (kitchen expansion) to be 16.8 feet from the front property line instead of the required 20 feet. The addition would be flush with an existing front porch (which can legally encroach 6 feet).
• Staff Report: Chase Phillips explained that the property is in the R-1 Single Family Residential district. The basis for the exception is Section 110-94(3)(c): an existing legally nonconforming front yard on the same street. The dwelling at 1559 Teal Drive (approximately 12 houses south) has a front yard setback of 10 feet. The proposed 16.8 feet is further from the property line than that nonconforming depth, so the exception is appropriate. No public comments were received.
• Applicant’s Testimony: Mr. Fogle, the homeowner, stated he originally built a front porch thinking it could be enclosed, but code treats enclosure differently. Since the 2019 addition, his family has grown and they need more dining space. The addition would not extend beyond the porch and would not impact neighbors.
• Board Discussion: Board members noted similarity to the Rosenkilde case (approved earlier) and the lack of objection. A motion to approve was made, citing no adverse impact and the existence of a legally nonconforming setback at 1559 Teal Drive.

Key Outcomes

• BZA 2735 (Embers – Special Parking Exception): Denied (4-0-1). The motion to deny, made by John Moran and seconded by Dan Stevens, stated that the request did not meet the requirements of Section 110-94(2)(b) because the nature, character, and use of the building—a retail/food/entertainment complex—are common in Ocean City and do not make the full provision of parking unnecessary. The board also noted no adverse impact under Section 110-93(2), but the determination under 110-94(2)(b) controlled.
• BZA 2736 (Fogle – Special Yard Exception): Approved (4-0-1). The motion, made by Dan Stevens and seconded by Sean Buckley, found that the exception meets Section 110-93(2) (no adverse impact) and Section 110-94(3)(c) (irregular front yard depths on the same street, with a legally nonconforming setback at 1559 Teal Drive of 10 feet; the proposed 16.8 feet is less intrusive).
• Next Meeting: The board announced a meeting on April 9, 2026, with two public hearings: one for a special parking exception for a development off 145th Street and another for multiple requests for an existing single-family home within a setback.