THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

PERMIT REVIEW SECTION

14741 Governor Oden Bowie Drive, Upper Marlboro Md. 20772


Permit Reviewer: Michelle Hughes 11378-2009-U

Telephone Number: (301) 952-5409 April 29, 2009

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 restaurant with entertainment in the C-M Zone. The applicant must submit a detailed written description of how this use will operate. This letter must include if there will music and patron dancing past the hours of 12:00 am and/or if there will be any adult oriented uses or performances. Council Bill 49-2005 was adopted on October 11, 2005, which now requires a special exception in the C-M Zone for eating and drinking establishments which include music and patron dancing past the hours of 12:00am. This bill also requires Detailed Site Plan Approval in the C-M Zone (including specific requirements for location and hours of operation) for eating and drinking establishments of any type, which provide live adult oriented performances. Additional comments will be generated once this information is provided.

2.  Prior permit 14236-2008-CG was applied for to construct a 28 x 28 patio for outside dining. Per my conversation with Brooke Larman permit 9617-2009-CG is replacing prior permit 14236-2008-CG. Permit 9617-2009-CG was applied for to construct a 23’x33’ patio, landscaping, and 5’ high wood/vinyl fence. This permit application was placed on hold. Was any of this structure constructed? Would this proposed structure increase the number of patrons for the restaurant?

3.  This site is located within a proposed Right-Of-Way. Per Section 27-259, permits within proposed right-of-way, of the Prince George’s County Zoning Ordinance you will need to petition the District Council for the proposed 23’x33’ patio, landscaping, and 5’ high wood/vinyl fence. A copy of Section 27-259 of the Zoning Ordinance can be obtained at our Park and Planning Information Office located at 14741 Governor Oden Bowie Drive Upper Marlboro, MD 20772 on the Lower Level. The phone number is 301-952-3208 or 3195.

I called the applicant and left a message that I would email permit comments to the applicant, William Gibson at .

4/30/09 – Updated comments.

1.  Per Section CB-49-2005 an eating and drinking establishment with music and patron dancing past the hours of 12:00 a.m. requires a Special Exception. This bill also requires Detailed Site Plan Approval in the C-M Zone (including specific requirements for location and hours of operation) for eating and drinking establishments of any type, which provide live adult oriented performances. Since the restaurant legally existing prior to CB-49-2005 per prior permit 12695-2002-U, certification of nonconforming use is required for only the existing structure prior to CB-49-2005 which per aerial photos did not include any deck or concrete slab. The applicant is proposing to add a 23 x 33 concrete slab for smoking purposes only (not to include patron seating) at this location. Per my discussion with Jimi Jones this structure would be considered an alteration to a nonconforming use and therefore would require a Special Exception.

I spoke with the applicant Mr. Gibson to discuss the updated permit comments to include comment #1 dated 4/30/09. Mr. Gibson indicated that the location of the existing concrete slab has been in existence prior to CB-49-2005 as a deck when this was a residence. All he did was replace the concrete because it was damaged. He also indicated that the existing structure did not take away provided parking nor is it replacing the grassy area. I indicated that he must submit concrete documentation to the existence of this deck (concrete slab) prior to CB-49-2005.

5/11/09 – Brooke and I met with Mr. Gibson and discussed permit comments. Per color aerial photos the location of the existing patio (flagstone from the 60’s) appears to have grown over with grass and has not been continuously used as a patio therefore is no longer existing. The applicant would therefore need to petition the District Council for this new structure located in the right-of-way and then he can file for a certified nonconforming use or apply for a SE. A nonconforming use can only be approved administratively for the existing use/structure prior to CB-49-2005. Any alterations to this site would need a SE.