Permit Review Section s5

THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

PERMIT REVIEW SECTION

14741 Governor Oden Bowie Drive, Upper Marlboro Md. 20772

Permit Reviewer: Michelle Hughes 18546-2008-U

Telephone Number: (301) 952-5409 June 24, 2008

Fax Number: (301) 952-4141

Permit Status: www.mncppc.org

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 permit application is for a kitchen on the 2nd floor. This building was constructed in 1937 as a residence. The building was then rezoned to the C-2 Zone and use for a hardware store in 1951. The prior permit #4658-95-CU was approved for a grocery store/retail (food and beverage store) on the 1st floor and a residence on the 2nd floor. The 2nd floor was never used as a commercial use. The approved site plan provided 3 required parking spaces for the grocery store and the residence on the 2nd floor had no parking required. Prior permit 10730-2004-U was applied for grocery store/carry-out and was put on hold with outstanding comments below. Mr. Hugo Palma has applied for residential buildings permit 18833-2005-RGU and was also put on hold with outstanding comments (see comment #’s 4 through 8. If the applicant did not construct the addition and does not propose to pursue this permit (18833-2005-RGU (currently suspended due to non payment) these comments will not apply).

2.  The application indicates that the existing use is a grocery & carryout. The proposed use is a kitchen on the 2nd floor. There have been no permit issued for a carryout at this location nor has the 2nd floor been used commercially. The conversion of the second floor residence to a carryout (fast food restaurant) requires a special exception in the C-S-C Zone. The applicant can contact Ulysses Jones at 301-952-3215 to pursue the Special Exception process.

3.  A food and beverage store may have accessory food or beverage preparation on the premises as an accessory “PB” use as long as the goods are only sold on the premises and at retail. The applicant has two options: The first option is to add the grocery store to the 2nd floor with the accessory food preparation as long as this area is accessed from the inside of the grocery store and not solely accessed from a separate entrance and the area of the food preparation does not exceed 45% of the total gross floor area of the grocery store. The gross floor area of the 2nd floor must be provided to calculate the required parking. The required parking for the first floor could still be “grand fathered” at 1 space per 300 s.f , however the second floor would be required to provide parking at the current rate of 1 space per 150 s.f. The site has no extra parking on site that can be applied to the required parking for the second floor other than grand fathering 2 parking spaces that would have been required for the dwelling per Section 27-584. A departure (parking waiver) may be required. The second option to leave the residence on the second floor and have the accessory food preparation on the 1st floor incompliance with the “PB” requirements. No additional parking will be required. The applicant would have to submit a letter indicating compliance to the “PB” requirements.

4.  Per Environmental Planning Section review: “HOLD, Woodland compliance required – TCPII or Letter of Exemption. Contact Bob Metzger, 301-952-3652 for information concerning that process. Submit one copy of either the TCPII or Letter of Exemption to Permit Review. 7/8/08 – Owner is not pursuing building permit 18833-2005-RGU. These permit comments do not apply.

5.  This site has two outstanding permit applications in the M-NCPPC Permit Review System. The first is 10730-2004-U. Are you going to pursue that application? It is for a grocery store on the 1st floor and grocery and carryout on the 2nd floor. That application is waiting for the completion of a (DPLS) Departure from Parking and Loading Standards. (See attached Comments dated April 9, 2004.) 7/8/08 – Owner is not pursuing building permit 18833-2005-RGU. These permit comments do not apply.

6.  The second application is 18833-2005-RGU. It is for a 2nd floor addition to be used as an office for the grocery store and existing residence. Since this application is for an addition to a commercial use, it must be revised to a CGU. That can be done at the Prince George’s County DER Permit Office located at 9400 Peppercorn Place, Largo, 301-883-5776. Submit a copy to the Permit Review Section. 7/8/08 – Owner is not pursuing building permit 18833-2005-RGU. These permit comments do not apply.

7.  The 12x34 addition (408 square feet) will require parking at the rate of 1 for each 150 square feet or 3 additional parking spaces on site. This will bring total parking required to 6 spaces – 3 for the original grocery store use and 3 additional for the grocery store/office addition on the 2nd floor, the existing residential use does not require parking per Section 27-584. Revise the site plan to show all 6 parking spaces. If the required parking cannot be provided on the site a Departure from Parking and Loading Standards must be obtained. Contact Ulysses Jones, 301-952-3215, for information concerning that process. Once the DPLS has been approved, submit a copy to Permit Review for the completion of this permit application. 7/8/08 – Owner is not pursuing building permit 18833-2005-RGU. These permit comments do not apply.

8.  The addition is more than 10% of the existing building (1492 square feet); therefore a landscape plan must be submitted. The landscape plan must meet the requirements of Sections 4.2, 4.3 and 4.7 of the Landscape Manual. Provide two copies. If those requirements cannot be met, Alternative Compliance must be obtained. Contact Don Townsend, 301-952-4688. Once Alternative Compliance has been approved, submit two copies. 7/8/08 – Owner is not pursuing building permit 18833-2005-RGU. These permit comments do not apply.

I called the applicant at 301-853-3158, Clelia Posada and spoke with someone who did not understand English. I called the additional number on the application, 301-237-3621 and left a message. I mailed permit comments to applicant at 5804 Riggs Rd Hyattsville MD 20783.

7/8/08 – I met with owner and Mr. Hugo Palma and discussed permit comments. The owner is not pursuing the addition building permit 18833-2005-RGU. Permit comments 4 through 8 will not apply. The applicant is proposing to operate a grocery store/retail (food and beverage store) on the 1st floor and a grocery store/retail (food and beverage store) on the 2nd floor with an accessory food preparation. The applicant must show that the 2nd floor food preparation area is accessed from the inside of the grocery store and not solely accessed from a separate entrance (38629-2005-CIW) and the area of the food preparation does not exceed 45% of the total gross floor area of the grocery store. Per my meeting with Mr. Hugo Palma the gross floor area for the 2nd floor is approximately 1,000 square feet therefore would require 6.6 or 7 parking spaces. The site only has 3 provided parking spaces. A departure would be required. I gave Mr. Hugo contact information for Edward Holley so he can apply for a departure (dpls).

12/14/09 – I spoke with Jeff Lewis from Environmental Health Department. He indicated that the proposed use is very confusing (food & beverage store with carryout (food preparation), food processing and wholesale. He will be in contact with the owner to explain what they need to do to fulfill the permit comment.