OCEAN CITY – After approval from the Planning and Zoning Commission, Ocean City Brewing Company’s outdoor seating request will move to the Mayor and City Council for final approval.
The Planning and Zoning Commission continued a public hearing to deliberate a request of Ocean City Brewing Company (OCBC) to consider lifting a conditional use placed on the establishment that does not allow for outdoor seating. In doing so, three parking spaces would be removed.
OCBC has been open for a year originally receiving its Conditional Use permit in February 2014 despite concerns over potential odor, noise and other impacts on the neighboring community and adjacent businesses.
OCBC owner Josh Shores came before the commission a couple of weeks ago to request having the conditional use of no outdoor seating lifted due to ongoing requests for the establishment to have dining outside. Shores provided a petition that had received over 1,000 signatures of those in favor of outdoor seating at OCBC.
“The majority of people who come to Ocean City want outdoor seating. We receive requests constantly over the phone, by email and from customers coming in, and we would like to provide what our customers want,” he said,
Shores originally proposed outdoor seating on the south side of the restaurant directly in the center of the building, which is where the grain silo was proposed to be constructed. The area was to be fenced in with two gates on either side followed by walkways to doors leading into the building. The space would fit 15 umbrella covered tables seating about 50 to 60 patrons. According to Shores, there would be no live entertainment involved.
The property has 78 parking spaces available with only 72 parking spaces required. If three parking spaces were removed, the parking would still be in compliance.
OCBC General Manager Matt Rankin testified since OCBC has been in operation there has not been one noise violation, public intoxication incident, underage drinking violation, police call, fight or altercation, loitering violation or any complaint of any kind.
Maresol Condominiums Property Manager Monica Whitehead spoke in opposition of its neighbor’s request.
“The association is in complete agreement with the use and restrictions currently in place, and we would like to see that kept in place because that is what kept the violations from not being a problem, and we feel if you lift those regulations it is going to create the possibility for those violations and congestion with parking,” she said.
The Maresol Home Owners Aassociation is concerned over the loss of parking.
“The request states that non-required spaces will be eliminated. We believe that all currently provided onsite parking is required. Since OCBC already has a parking variance from the City to provide less than code required parking, we believe the elimination of any parking spaces will likely add to traffic congestion and parking issues in the area,” stated the HOA.
As a result, the commission recommended re-designing the proposed outdoor seating to be located on the front of the building in the first three parking spaces in the northeast corner of the property with access into the restaurant, fencing and a landscaped edge.
This week Shores returned before the commission thanking it for the recommendation, which turned out to work better all around.
“From the original plan we had on the side of the building, our servers and food runners would have had to walk through the bar and restaurant and go through 100 people. Now it is a free flow straight out the door,” Shores said.
The new plan places 950 square feet of outdoor seating in the northeast corner of the property that includes a landscaped corner with a 42-inch tall fence and will be at least 350 feet away from all residential units. It also relocates the handicap parking spaces to the south side of the building with easier access into the building.
The plan appeased Commission member Palmer Gillis’ ongoing concerns by removing the parking spaces on the front of the building having vehicles back onto Coastal Highway.
Whitehead stated although the Maresol did not have time to review the plan, the board is still not in favor of the outdoor seating due to initial concerns. More specifically, the calculation of the restaurant, retail and brewery space being compliant with the required number of parking spaces.
Commission member Peck Miller made a motion to forward a favorable recommendation to the Mayor and Council for approval based on the conditions that the indoor space be recalculated to ensure parking compliance prior to the Mayor and City Council’s review, and the line of the landscape is to continue four feet from the sidewalk westerly and south to the driveway area creating a buffer between outdoor seating and the sidewalk. The commission voted unanimously to approve.