The maryland-national capital park and planning commission permit review section



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T
HE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION


PERMIT REVIEW SECTION

14741 Governor Oden Bowie Drive, Upper Marlboro MD 20772.




Permit Reviewer: Brooke Larman 14824-2010-CU-01

Telephone Number: (301) 952-5548 February 23, 2011

Fax Number: (301) 952-4141 MRP Laundromat/Check Cashing


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.
APPROVAL PULLED BACK on 02-23-2011 per email from DLG.
Email sent to Keith Preddie at keith_preddie@yahoo.com on 2-23-2011. BEL
I tried to contact you by phone at 202-545-0060 but the number is disconnected.

I wanted to inform you that the use “Check Cashing” is permitted by a Special Exception per footnote 11 in the MXT zone in the Zoning Ordinance per Council Bill, CB-23-2009, and CB-34-2010. This site is located in the New Carrollton TDDP & TDOZ which according to Section 27-548.05 of the Zoning Ordinance if the use is permitted by a Special Exception in the Zoning Ordinance table of uses then it is permitted by right in the TDDP but in this case you must demonstrate conformance with footnote 11 to be permitted and meet criteria. Unfortunately the permit #14284-2010-CU-01 was applied for and approved after the adoption date of the Council Bill and the permit was approved in error due to the footnote 11 and criteria not being met.  In order for you to possibly have the use “Check Cashing” approved at this site since you are unable to meet the footnote 11 and criteria of the Zoning Ordinance you will need to either apply with the District Council for a primary amendment to the TDOZ to allow your use by contacting Edward Holley at 301-952-3215, apply for a 01 revision to the building permit to remove the use Check Cashing from the permit and only operate as a “Laundromat”, or you can submit for a permit issued in error with Sue Hall with the Permit Office at 301-883-7415 which will again have to be approved by the District Council.  You will be receiving a letter from the DER Permits Office for the permit being issued in error and also you will be issued a Stop Work order.  If you have any further questions please contact my office at 301-952-5548. My Apologies for any inconvenience.


03-03-11-Called 202-545-0060 and the number is still disconnected. Called 202-486-0641 and the phone went directly to voicemail so I left a message for Keith Preddie. I don’t know if this is his number or not, Debbie Gallagher gave this number to me.
03-04-11-Spoke to Al Moore at 443-622-4430 and he and I left a message with the Law Offices of Harvey & Fitts, LLC at #301-952-9225 for return call in reference to the above comments. Per Mr. Moore there has been clarification to the Council Bill CB-23-2009 that will allow his use. BEL
04-13-11-Talked to Timothy Fitts at 410-467-7301 and he is to email me and mail me clarification of the CB-23-2009. BEL
04-15-11-Received an email from Timothy Fitts with two attached letters, see scanned in documents. Letter’s forwarded to Alan Hirsch Acting Division Chief, Debbie Gallagher Supervisor, Andree Green and George Johnson Legal Department for consultation. BEL
04-19-11-In consultation with Andree Green, and George Johnson of my Legal Department and with my supervisor Debbie Gallagher the following comment has been generated. “Pursuant to your letter of 3/29/11 to Steven M. Gilbert in which you state that you are not a check cashing business under the definition in the Zoning Ordinance please note that given that assertion that your proposed use is not a use listed in the zoning ordinance and therefore not permitted under the TDOZ pursuant to page 74 of the New Carrollton TDOZ”.

Comments emailed to Timothy Fitts at timfittslawyer4u@prodigy.net BEL


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