Permit Review Section s18


THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

PERMIT REVIEW SECTION

14741 Governor Oden Bowie Drive, Upper Marlboro Md. 20772


Permit Reviewer: Michelle Hughes 10966-2016-U

Telephone Number: (301) 952-5409 March 15, 2016

Fax Number: (301) 952-4141 Finian’s Court Apts

Permit Status: www.mncppc.org

APPROVED 11/7/17 (MTH)

The following comments were generated from permit review. Any questions or concerns regarding the following comments should be directed to the reviewer. For permit status, please direct your call to the appropriate phone number provided above.

Further review and comments may be generated when the appropriate or additional information has been submitted. Revised plans and required information must be submitted to the Permit Review Section.

1.  This existing certified nonconforming apartment complex (CNU 17911-2005) was constructed in 1966. The approved building site plan in MNCPPC records indicates that 55 dwelling units were approved consisting of 18 one-bedroom units, 19 two-bedroom units, and 18 three-bedroom units. Based on the information provided on the approved site plan and the net lot area of Parcel A, which is 111, 113 s.f. or 2.5508 acres, the 55 dwelling units met the minimum net lot area of 2, 000 s.f. of lot area per dwelling unit required at the time of construction. Parcel B, the access to the apartments, is zoned C-O (was R-55 at the time of construction) and was not included nor can be included in the overall density requirements. The maximum density of the R-18 Zone was however amended in the Zoning Ordinance on May 6, 1975, to the current requirement of 12 units per acre. The apartment complex exceeds this by providing a density of 21.56 units per acre. The apartments also exceed maximum percentages of two or more bedrooms by providing 34.5% two bedrooms and 32.7 % three bedroom units. Bedroom percentages were not adopted until 10/1/68. This appears to be the date at which the apartment became “nonconforming”. 11/7/17 – Ok per ERR-264.

2.  All prior apartment licenses were for 57 units, however this application and site plan reference only 55 dwelling units at the time of certification. Fifty-seven dwelling units cannot be certified because only 1,949 s.f. of net lot area per dwelling unit would have been provided which is less than the minimum required (2,000 s.d. per d/u). If this new application is proposing 57 dwelling units Validation of Apartment License Issued In Error is required. 11/7/17 – Ok per ERR-264.

I called and discussed the permit comments with Heather Dlhopolsky of Linowes & Blocker. Comments emailed to Darryl Srock at . Validation of Rental License Issued in Error letter from M-NCPPC has been sent to Robbi Das, Associate Director, Department of Permitting, Inspection and Enforcement.

3/18/16 – Letter of Validation of Apartment License Issued In Error hand delivered to Robbi Das, DPIE by John Ferrante.

6/14/16 – Discussed permit comments with Darrell Shrock. Please contact Robbi Das, Associate Director, DPIE at 301-883-2059 to follow up on the Validation of Rental License Issued in Error process. Permit comments emailed to .

7/12/16 – I returned a call to Mr. Shrock. He received a call from Clarence Moseley, DPIE and was told that his paperwork was sent over to me. I called and left a message for Mr. Moseley to discuss. I discussed this with Mr. Moseley and emailed original documents to him.

9/18/17 – ERR-264 was approved by the District Council validating 57 dwelling units. The applicant must submit two copies of the stamped approved Site Plan which is Exhibit 16 and two copies of the Unit Location Plan which is exhibit 42. I emailed the updated comments to Darryl Srock at