Town of Ocean City Board of Zoning Appeals Meeting - September 24, 2026

The Ocean City Board of Zoning Appeals met on Thursday, September 24, 2026, at 6:00 p.m. in City Hall Council Chambers. The board approved administrative items and three public hearing requests: a special parking exception for Bull on the Beach, a special yard exception for a sunroom, and after-the-fact variances for a dwelling in Montego Bay. All decisions were accompanied by votes and discussion.

Consent Calendar

• Minutes from September 10, 2026: Approved 5-0 after a correction (page 2 wording changed from "the board found that the criteria for a special parking exception had not been met" to "the board found that the zoning administrator had made the correct determination").
• Findings of Fact for BZA 2748 (Hugh Cropper, Esq. for Stephanie and Luis deCelis Trust): Approved 5-0.
• 2027 Board of Zoning Appeals Meeting Dates: Approved 5-0 as provided in the September 24, 2026 staff report.

Public Comments & Testimony

• Maria De Guardo (9301 Atlantic Avenue, president of The Phoenix association) spoke during the Bull on the Beach hearing. She expressed concerns about traffic flow and pedestrian safety at the 94th Street and Coastal Highway corner, noting frequent double-parking and limited visibility. She stated that residents support Bull on the Beach but wanted assurance that the proposed pergola would not encroach further onto the sidewalk. The applicant responded that existing trees and vegetation would be removed and landscaping refreshed to improve sightlines.

Discussion Items

1. BZA 2752 – Special Parking Exception for Bull on the Beach (GGI Builds, Inc., c/o Rich Hertzog)

• Request: Waive five off-street parking spaces to allow an existing 414 sq. ft. outdoor seating area to be served by a proposed enclosed pergola with mechanical louvers and drop-down screens.
• Staff Presentation: Chase Phillips explained that the pergola would convert unenclosed outdoor dining to enclosed space, triggering a parking requirement of 1 space per 100 sq. ft. (5 spaces total). The restaurant currently provides 34 spaces, far below the 61 required by code for its 6,100 sq. ft. enclosed area, making it legally nonconforming. The drop-down screens would constitute an enclosure per code, and no off-site dedicated parking within 600 feet is available. A written shared-parking agreement with Leighton's (14 spaces) exists but is not counted. Staff noted that the pergola without screens would not require board approval.
• Applicant Testimony: Rich Hertzog and Michelle Knopp (owner/operators of Bull on the Beach for 35+ years) described hardship from inclement weather forcing diners inside, losing seating for 36. They emphasized no increase in seating capacity and reliance on rideshare, buses, biking, and walking. The pergola would modernize the building and provide weather protection. They argued the parking waiver is justified because the same number of patrons would be served, and parking is already a citywide issue.
• Board Discussion: Board members debated whether the screens constitute an enclosure (code requires 51% open sides). Staff confirmed the determination of enclosure was not being appealed; only the parking waiver was under consideration. Some members noted that the existing nonconforming parking status and the lack of additional seats suggest the full provision of parking is unnecessary. Others questioned the evidence supporting that conclusion. A motion to approve was made by Sean Buckley, seconded by Malcolm Van Kirk.
• Key Outcomes: Motion passed 4-1 (Chairman Christopher Rudolf opposed). The board found that the character or use of the building (a restaurant with no change in occupancy) made full parking provision unnecessary.

2. BZA 2751 – Special Yard Exception for Sunroom at 9203 West Biscayne Drive (Alessandro Tacconelli)

• Request: Allow an enclosed sunroom to be 7 feet from the rear property line instead of the required 15 feet.
• Staff Presentation: Chase Phillips noted the property is in the R-1 Single Family Residential district. Code Section 110-94(3)(b) permits a rear yard exception on a block with other nonconforming rear yards. The property at 9300 Mediterranean Drive (Lot 22, Block J) has a legally nonconforming rear yard sunroom at 7 feet, approved as a variance in 2001 (BZA 1768). Staff exhibit #5 showed the block and confirmed the nonconformity exists.
• Applicant Testimony: Gail Tacconelli stated the sunroom is for additional living space for visiting grandchildren, not a bedroom or rental unit. The setback reduction would allow sufficient space while maintaining practical use of the property. She confirmed the property has never been rented.
• Board Discussion: Mr. Moran noted the prior approval included a condition that the sunroom not be used for sleeping. Ms. Nock clarified that if it were a sleeping room, parking would be required. The board found no adverse impact and that the criteria for a special exception were met.
• Key Outcomes: Motion to approve by John Moran, seconded by Emily Nock. Passed 5-0.

3. BZA 2749 – After-the-Fact Variances for 179 Beachcomber Lane (Hugh Cropper IV, Esq. for Sean and Patricia Chenworth)

• Request: Two after-the-fact variances: (1) 0.4 feet from the 5-foot side yard setback for the existing dwelling (now 4.6 feet from side lot line), and (2) 0.1 feet from the 5-foot side yard setback for the existing dwelling (now 4.9 feet from side lot line). A third variance (0.6 feet for a covered porch) was withdrawn by the applicant. Originally, the same application (with slightly different measurements and a parking exception) was denied on April 23, 2026. The four-month waiting period was satisfied.
• Background: The home was built under permit 25-0078 (issued April 3, 2025) but failed a zoning setback inspection in March 2026. An as-built survey revealed encroachments. The applicant corrected the parking depth and is addressing HVAC noncompliance separately. The dispute centers on property line location: three surveys disagree due to ambiguous monumentation in the 1971 Montego Bay subdivision.
• Applicant Testimony: Hugh Cropper presented expert witness Frank Lynch, a licensed surveyor with 55 years of experience who worked on Montego Bay in 1970. Lynch testified that the lot is a parallelogram or pinch-triangle because two original markers in the front (6 inches apart) and a shifted rear marker cause a 3-inch skew. He stated that original surveyor Greg Wilkins admitted to missing the rear marker by 3 inches and that the lot is unique compared to others in the row (6 lots one way, 7 the other) where 40x90 rectangles accommodate 25-foot-wide houses. Lynch opined that the lot's irregular shape makes it impossible to fit a 25-foot house square with the road and creates a practical difficulty. Property owner Sean Chenworth testified he relied on surveyors and masons and had no intent to build in the setback. Moving the house would risk damage to neighboring properties and cost at least $20,000 in survey and remediation efforts alone.
• Board Discussion: Debate centered on uniqueness. Mr. Moran argued there was insufficient evidence about adjacent lots (1134 and 1136), and logically if this lot is a parallelogram, adjacent lots must be affected too. Mr. Buckley and Ms. Nock accepted Lynch's general testimony based on his experience that this lot is unique. Mr. Van Kirk agreed, citing the impossibility of building a 25-foot house without variance. The board also considered practical difficulty: the house is built, and moving it would be disruptive and costly.
• Key Outcomes: Motion to approve by Emily Nock, seconded by Malcolm Van Kirk. Passed 4-1 (John Moran opposed). The board found the lot unique due to skewed lines and that practical difficulty resulted from errors not attributable to the applicant.

Key Outcomes

• BZA 2752 (Bull on the Beach): Approved 4-1. Five parking spaces waived for enclosed pergola.
• BZA 2751 (Tacconelli): Approved 5-0. Rear yard setback exception granted for sunroom.
• BZA 2749 (Chenworth): Approved 4-1. Two after-the-fact side yard variances granted (0.4 ft and 0.1 ft).
• Administrative Items: Minutes, Findings of Fact for BZA 2748, and 2027 meeting dates all approved unanimously.
• Nonconformity Report: Zoning Administrator Kirsten Primm provided updates on two determinations (Kokomo Hotel, June 25, 2026; Ocean Gem Apartments, August 6, 2026). No action required.
• Adjournment: Motion by John Moran, seconded by Sean Buckley, passed unanimously at approximately 8:30 p.m.