BEFORE THE MUNICIPAL PLANNING BOARD
OF THE CITY OF OCEAN CITY
FOR MINOR SITE PLAN APPROVAL WITH BULK VARIANCE RELIEF
Please take notice that 952 Boardwalk, Inc, a New Jersey Corporation, has made application to the Ocean City Municipal Planning Board for Minor Site Plan Approval with Bulk Variance relief to allow the owner to re-create two (2), separate stores from what is now a single, combined store, in order to recreate three (3) separate, commercial stores within the said building on Lot 18, Block 911, 952 Boardwalk, Ocean City, Cape May County, New Jersey 08226..
As far as the Owner is aware, this application requests Minor Site Plan Approval with Bulk Variance relief as far as the width of the two stores to be recreated in order to return the building to its original, three separate store usage. When the building was originally constructed, three units originally existed; there were no internal width of store requirements in effect on the Boardwalk. Subsequent to the construction and presence of the three-store building, the Owner obtained a tenant which wished two of the three stores to be combined into one. A tenant is now departing the premises at the end of 2026, and the Owner wishes to return the building to its original, three store presence.
At the time the building was originally constructed, as previously stated, there was no internal width requirement for stores on the Boardwalk, but subsequent thereto, a modification was made to the Ocean City Zoning Ordinance indicating that Boardwalk stores had to have 15 feet internal width. Returning the currently single, combined two separate stores by installing a wall virtually in the middle of the current two stores configuration, the building will be returned to its original three store configuration.
As indicated above, while there previously was no provision in the Boardwalk Zoning Ordinance with respect to a minimum interior width requirement for stores on the Boardwalk, subsequent to construction of the original building containing three (3) stores, a modification was made to the Ocean City Zoning Ordinance to require Boardwalk stores to have 15 feet of width in their interior. By re-installing a wall in the currently combined two units, the recreated a center store will have 13.20 feet in interior width, and the northerly most store will have 12.56 feet of interior width, both such stores requiring variance relief from the 15 feet requirements. It should be noted that the subsequently required 15 feet of interior width for a Boardwalk store would never have applied to this building if it remained in its original state, as all three (3) of the said stores that were in the building when originally constructed were all less that 15 feet and would have bee pre-existing, non-conforming uses once the 15 feet requirement was established.
As previously indicated, there are no other changes to the building, neither interiorly or exteriorly, other than the re-installation of a division wall to restore the presence of the two (2) original stores. Utility services, refuse/trash disposal services and facilities have existed for the building on the site since its original construction. and will be unchanged as a result of the recreation of two, separate stores from the one which currently exists. The re-created two (2) stores may require some interior changes as far as electrical outlets and interior lighting.
In the event the Municipal Planning Board should determine during its review that any other variances and/or additional engineering/design waivers are required, other than those which have been currently proposed with respect to this Application, the Owner will also seek any such necessary additional variances and/or additional engineering/design waivers at the time of the hearing.
A public hearing in this matter will be held by the Municipal Planning Board on Wednesday, August 12, 2026, commencing at 6:00 p.m. in City Council Chambers located on the Third Floor of City Hall at 861 Asbury Avenue, Ocean City, Cape May County, New Jersey. In the event you have any questions, you may attend the meeting and participate, if desired.
The Application and Plans are on file within the office of the Secretary of the Municipal Planning Board and are available for inspection, if desired, during normal business hours, at the Henry S. Knight Building, 115 12th Street, Ocean City, New Jersey 08226. Counsel and the architect for the Owner are similarly available for any questions any interested party may have. Michael A. Fusco, II, Esquire, the Attorney for the Applicant can be reached at (Phone Number: 609-398-6742, and/or John Halbruner, R.A., P.E., with the architectural/engineering firm of Hyland Design Group can be reached at Phone Number: 609-398-4477) during regular business hours.
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MICHAEL A. FUSCO, II, ESQUIRE
ATTORNEY FOR APPLICANT