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Board denies side-yard variance request for Ocean Pines property
Summary
A request to reduce a side-yard setback to 0 feet at 26 West Mallard Drive was denied after board members expressed concerns about emergency access and the proposal’s impact on neighboring setbacks.
The Worcester County Board of Zoning Appeals denied a variance request Oct. 9 that would have reduced a side-yard setback from 6 feet to 0 feet at 26 West Mallard Drive in Ocean Pines.
Applicant counsel described an existing deck and other aging exterior improvements and said the proposed plan would reduce encroachment into a buffer area and consolidate outdoor living spaces. The property is a pie-shaped lot with narrow street frontage and an unusually large buffer (BMA) at the rear, the applicant said, and the design seeks to modernize and reduce encroachment into the buffer while shifting some improvements toward the side yard.
Board members questioned whether the applicant could achieve the design while maintaining the required 6-foot side-yard setback and raised concerns about emergency access, tree-row/shrubbery removal, and the impact of shifting structures closer to neighboring lots. In public comment, a board member and others walked the site and noted recent tree removals on one side.
After discussion, a board member made a motion to deny the requested 6-foot variance reduction; the motion was seconded and the board voted in favor of denial. The denial means the applicant must revise plans to meet the existing 6-foot side-yard requirement or return with a revised application.
