OCEAN CITY – A request to amend the town code to allow townhouse end units to build out to the property line is headed to public hearing.

Representing Surf Village Townhouses, attorney Joe Moore, submitted a letter to Zoning Administrator Blaine Smith outlining the request.

“The Code of Ocean City causes unequal treatment of the end units of townhouse projects due to the setback provisions set forth in the Section 110-906(b)(2). The townhouse bulk regulations result in the end units in a townhouse regime to be discriminated in a manner that does not apply to the interior units for the following reason: The minimum width of each side yard (which of course applies only to the respective end units) is a minimum width of five feet for one, two or three story buildings or ten feet for four or five story buildings. The provisions of Section 110-906(b)(2)e provides, however, as to any interior unit, that no side yard or any setback whatsoever is required for interior units,” Moore submitted.

According to Moore, 16 units of Surf Village Townhouses, which are oceanfront on 35^th Street, can extend the “envelope” of the building to 10 feet from the property line, whereas, the end units are restricted in the code.

Moore furthered, in 1975 the Surf Village developer conveyed the side yards to the city because they had no utilitarian benefit to the project. In some cases, the side yards were conveyed to the State of Maryland for a reason unknown, thus creating an additional setback requirement which prohibits any extension as is enjoyed by the interior units.

“It is evident, therefore, that the property rights afforded all of the units in a townhouse project, but for the end units, enjoy a substantial property benefit that is prohibited for the end units,” Moore said.

Moore suggested amending the code to state, “Minimum width of each side yard: five feet for one-, two-, or three-story buildings, ten feet for four-, or five-story buildings. None required for interior units; Provided that no end unit on a presently existing townhouse project shall be deprived of the property rights enjoyed by all interior units in such existing townhouse projects.”

“It is my belief that this language will ‘grandfather’ existing townhouse projects without adversely affecting the Town’s regulation of additional townhouse projects in the future,” Moore said.

Before the commission Smith encouraged the commission to send the request to a public hearing to receive public input prior to moving forward. The commission voted 6-0 with Chair Pam Buckley absent to move the request to a public hearing.