Ocean City Board of Zoning Appeals Meeting – August 27, 2026

The Ocean City Board of Zoning Appeals met on Thursday, August 27, 2026, at 6:00 p.m. in City Hall Council Chambers. The board addressed administrative matters, including approval of prior meeting minutes and findings of fact, and held two public hearings: a request for a special parking exception at 611 Penguin Drive (BZA 2748) and a request for a special yard exception at 12506 Assawoman Drive (BZA 2750). The parking exception was denied, while the yard exception was approved.

Consent Calendar

• Minutes from July 9, 2026 meeting: Approved unanimously (4-0).
• Minutes from August 13, 2026 meeting: Approved (3-0) with two board members abstaining (the record shows 3 in favor, 0 opposed, and 2 abstentions).
• Findings of Fact for BZA 2745 (Quiet Storm Surf and Turf): Approved unanimously (4-0).
• Findings of Fact for BZA 2746 (Damon Mahoney): Approved unanimously (4-0).

Public Comments & Testimony

• No members of the public spoke for or against either application during the public comment periods. Written support was received from one neighbor (Kreg Kephart) for BZA 2750, confirming no objection from a stakeholder in the owning LLC.

Discussion Items

BZA 2748 – Special Parking Exception at 611 Penguin Drive (Runaway Bay)

• Applicant: Hugh Cropper IV, Esq., for the Luis and Stephanie deCelis Revocable Trust. Requested a waiver of two out of four required off-street parking spaces for reconstruction of an existing duplex unit (to be used as a single-family dwelling).
• Staff Presentation: Chase Phillips, Senior Zoning Analyst, explained that the property is a duplex in the R-2 Medium Residential District. The proposed reconstruction adds a third floor with a bonus room/accessory room, which under code counts as a bedroom, increasing parking requirements from two to four spaces. Only two off-street spaces can be provided on the lot.
• Applicant’s Argument: Hugh Cropper argued that the character and use of the building is as a single-family dwelling (due to deed restrictions and fee-simple ownership), and that the Runaway Bay subdivision’s wide streets (50-foot right-of-way) and ample on-street parking make full code parking unnecessary. He cited previous special exceptions granted in the neighborhood and provided testimony from architect Danielle Haley, owner Luis deCelis, and neighbors Todd Moore and David Steinbeck, all of whom stated that parking is not a problem and that the exception would not adversely affect adjacent properties.
• Board Discussion: Board members debated whether the “character or use of the building” (as required by Section 110-94(2)(b)) justified the waiver. Some noted that the building is a duplex, not a detached single-family home, and that the domino effect of granting multiple waivers could lead to future parking issues. Others acknowledged the unique neighborhood but felt the code provision focuses on the building itself, not the neighborhood. The board also noted the potential for the storage room to be converted to a bedroom by a future owner, though staff indicated that would be a zoning violation.
• Outcome: Motion to deny made by Emily Nock, seconded by John Moran. The motion passed 4-1 (Malcolm VanKirk voted against the motion, i.e., in favor of granting). The application was denied.

BZA 2750 – Special Yard Exception at 12506 Assawoman Drive

• Applicant: Bradley Construction Inc. for property owners Austin Scates and Kelsea Kephart (Ole 111, LLC). Requested a special yard exception to allow a second-floor bump-out extension to be built flush with the existing legally nonconforming 4.7-foot side yard setback, rather than the required 5 feet.
• Staff Presentation: Chase Phillips explained that the existing house, built in 1966, is legally nonconforming with a 4.7-foot side setback. A permit was issued for substantial renovation (raising the house, adding a third floor). During construction, the applicant submitted a revision to add a 4.5-foot-deep bump-out on the second floor, which would extend to the same 4.7-foot setback as the existing wall. The encroachment is only 0.3 feet (3.6 inches) beyond the required 5-foot setback. Staff noted that the bump-out does not go any further into the setback than the existing structure, and that the property was properly noticed with no public opposition.
• Applicant’s Argument: David Bradley and Justin Ball described the project sequence, noting that the bump-out was a change order after construction began. They emphasized that the extension is minimal (less than the thickness of a wall) and does not affect the side yard access or create any new adverse impact. They also noted that a deck was previously approved to the same line, so the enclosed space would have the same footprint. The applicant suggested the bump-out could be considered a box bay window, which is allowed a two-foot exception.
• Board Discussion: Board members agreed that the exception was clear-cut, as the bump-out does not increase the degree of nonconformity and has no adverse effect on neighboring properties. The board found that the criteria under Section 110-93(2) and 110-94(3)(a) were met.
• Outcome: Motion to approve made by John Moran, seconded by Emily Nock. The motion passed unanimously (5-0).

Key Outcomes

• BZA 2748 (611 Penguin Drive): Denied (4-1). The board found no evidence that the character or use of the duplex building made full parking provision unnecessary.
• BZA 2750 (12506 Assawoman Drive): Approved (5-0). The special yard exception was granted for the 0.3-foot encroachment, as the bump-out does not extend beyond the existing legally nonconforming setback.
• Administrative Items: All minutes and findings of fact were approved as noted.
• Next Meeting: Scheduled for September 10, 2026, to hear an appeal of a zoning administrator’s determination (BZA 2740, previously postponed). The appeal for Mourning Wood Mushrooms (BZA 2747) was withdrawn.