Permit Reviewer:



Reviewer: Jason T. Bartlett Permit: #23764-2019-CG

Phone #: (301) 780-2465 Date: October 28, 2019

Email: Jason.Bartlett@ppd. Scope: Daero LLC./P.182 – Fast Fuel Gas Canopy

The following comments were generated from permit review.  Any questions or concerns regarding the following should be directed to the reviewer at the phone number provided above.  Further comments may be generated when the appropriate information has been submitted.

1. HOLD – This site has a previous application in 2012 for a canopy that was held, per the letter provided below. The comments from that hold letter and reasons given therein stand with regard to this application. Per Sec. 27-546(a), A Conceptual Site Plan (CSP) and a Detailed Site Plan (DSP) shall be approved for all uses and improvements within the M-X-T Zone and the canopy constitutes an improvement. For information regarding the application, review and approval process for both your CSP and your DSP, please contact Martin Grigsby at (301) 952-3772, or reach out to him by email at Martin.Grigsby@ppd.. After your CSP is approved and your DSP has been approved and certified, please submit two copies of the DSP to me for review and approval of your permit. of your permit to continue. JTB

02-14-20: Hold remains and is revised as follows. Further research has determined that this property is operating as a Certified Nonconforming Use Gas Station only, under permit #3755-1996-NCU. As such, applicant may construct the new gas canopy pursuant to exceptions found in Sec. 27-242(b)(3)(A) of the Zoning Ordinance, which allows for specific modifications to nonconforming use gas stations. In order to pursue this option, however, applicant must:

1) Apply for a new use & occupancy (U&O) permit for “Change of owner/occupant only to a certified nonconforming use gas station”.

2) Obtain authorization from the District Counsel to build within the R/W, as required by Sec.27-259(a)(1) of the Zoning Ordinance.

3) Apply to the Planning Board for the approval of an alteration to a Nonconforming Use Gas Station under this permit, pursuant to Sec. 27-242(b)(3)(A) of the Zoning Ordinance.

Please reach out me if you would like more detail or guidance on any of the above steps.

2. New Comment (02/14/20): HOLD - Based off review of the project narrative recently provided, it appears that you wish to operate a convenience store and carryout café in addition to the gas station. If this is the case, then comment No. 1 would no longer apply and you would be subject to Sec. 27-546(a) of the Zoning Ordinance, which requires CSP & DSP approval for all new uses and improvements in the M-X-T Zone. In order to obtain that approval, you would also need to demonstrate that your proposed development conforms to Sec. 27-547(d), which requires at least two (2) use categories (defined therein) be included on the CSP for every development in the M-X-T Zone.

NOTE: We can find no evidence that the convenience store element of the existing gas station was ever permitted. This property was permitted to operate as a nonconforming use gas station only, with an accessory office and cashier window, since its certification back in 1996. No additional uses have ever been approved.

10-28-19: Comments emailed to applicant, David Bishop, at yonasmb@. JTB

02-13-20: Revised comments emailed to owner, Yonas Beraki, at 301gasngo@ and applicant, David Bishop, at dbishop@. JTB

Final Reviewer’s Notes

Application Type: Regular Permit

Applicant’s Co. / Phone: Daero, LLC / (347) 610-8417

Owner / Occupant: Daero, LLC; Yonas Beraki (347-810-8417) / Occupant not provided

Work Description: Install 1 Canopy 42' W x 48' L x 14' H with 4 footers below grade 4’x4’x4'

TA /Address: 0205104 / 4109 Robert Crain Hwy, Upper Marlboro, MD 20772

Zone: M-X-T

Associated Dev Cases: SE-3990 (Renovations to an existing nonconforming use service station)

Referenced Permit: 3755-1996-NCU

Other Permits Applied for:

50163-2019-CU: Alter interior structure to provide new point of sale counter, food preparation area and other permitted retail displays – David Bishop.

30146-2019-UO: Use and occupancy of a gas station and convenience store – Efrem Alazar.

3512-2020-UO: U &O for continue use as retail gas station and convenience store – David Bishop.

3260-2020-SG: Reface existing cabinet for rebrand – David Bishop

PRIOR HOLD LETTER

Permit Reviewer: Brooke Larman 18771-2012-CE

Telephone Number: (301) 952-3216 July 6, 2012

Fax Number: (301) 952-4141 Homes Oil/4109 SW Crain/Canopy Permit

The following comments were generated from permit review. Any questions or concerns regarding the following should be directed to the reviewer at the phone number provided above. Further comments may be generated when the appropriate information has been submitted.

1. This site is an approved Certified Non-Conforming Use for “Homes Oil” that was approved in 1996. In order to make any changes to this site such as the proposed 30’x44’x2’ column canopy you will be required to apply for a Special Exception. You will need to contact Edward Holley at 301-952-3215 for more information on the SE process. Once the SE has been approved to add the canopy then you will need to forward one copy of the approved plans and decision to my office for further/final review. 07-16-12 Comment Updated. Per further review of this site with my supervisor Debbie Gallagher, and Steve Adams and Jimi Jones this site will require a Detailed Site Plan (DSP) and Conceptual Site Plan (CSP) since the site has been rezoned to M-X-T. Per the table of uses a Gas Station is an allowed use however any new construction/improvements on a site within the M-X-T zone requires Planning Board approval. Our records indicate that sometime after 1996, but before 1998, when the site was certified as a non-conforming use per permit #3755-1996-UO the location of two dispensers and two pump islands were relocated on the property without a permit and a dispenser was added. At the time of certification in 1996 there were 3 dispensers and pump islands that ran along Rte. 301 were after 1996 but before 1998 there are 4 dispensers and pump islands that are grouped together, and no permits are on record for this work. Since the dispensers and pump islands have been relocated, a canopy is being built, the site is now within the M-X-T zone and both the dispensers and canopy will now be considered new construction due to no prior permits on file for this work you will be required to apply for a DSP and CSP. You must contact Cheryl Summerlin at 301-952-3578 for more information on these two processes. Once the plans have been approved and certified then you will need to submit one copy of the approved plans for these two applications and the decisions to my office for further/final review.

07-06-12-Comments emailed to Levi T. Wellons, Applicant at tomwellons@ BEL

07-16-12-Comments emailed to Levi T. Wellons, Applicant at tomwellons@ BEL

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