City of Annapolis DEPARTMENT OF PLANNING AND ZONING =m} 145 Gonman Street, 3% Floor, Annapolis, Maryland 21401 Chains 705 —Annpolis 410-253-961 + FAX 410-268-1129 «MD Relay (712) February 7, 2014 Mr, Alan J, Hyatt Hyatt & WeberP.A. Sevem Bank Building 200 Westgate Circle, Suite $00 Annapolis, MD 21401 RE: 142 Dock Street, $E2013-007 Dear Mr, Hyatt: Your client, Two Faums, Inc,, has applied for special exception approval for the establishment of a delicatessen at 142 Dock Street. ‘The application was submitted on October 28, 2013 and on November 1, 2013, we requested additional materials in order to evaluate the application. One requested item is still outstanding, but you have efted concerns regarding the proprictary nature of the document, ‘Atyour request, we forwarded the application for agency review on December 18, 2013 despite cconcems regarding the completeness of the application and its compliance with City Code, We have consulted with other City agencies and at this time we have determined that the application in question does not meet Code requirements, The proposed use docs not meet the definition of a “delicatessen” as defined in City Code Section 21.72.010, According to Code, a “delicatessen” means “a (ype of food service establishment whicl has as a substantial portion of its business the carry-out of foods for immediate consumption, Delicatessens must exhibit both of the following characteristios: © The establishment does not provide more than fen seats, and © Food items prepared for consumption generally are not prepackaged, but are made to specific order, A limited number of prepackaged items may be sold, but only as accessory to the principal use of service of food for immediate consumption.” ‘The definition in the same section of the Code for a “convenience store” is “a retail establishment, selling a limited number of food items, household items and some items prepared on the premises, including reheating, whieh ean be immediately consumed, of no more than four thousand square feet oss floor arca.” Based on our review of the application and the operational characteristics of the Royal Farms as proposed and outlined in your application and supplemental materials, we have determined that this proposed usc is a “convenience store.” Additionally, we visited both showease locations mentioned inthe application and found that these locations were operating as eonveniance stores. In absence of further information, and because convenience stores are not permitted in this zoning district, would be an untenable position to move this application forward Ifyou have any questions, please feel fiee to call me at 410-263-7961 or email me at snash@annapolis.gov, Any person aggrieved by this determination may file an appeal within fifteen days pursuant fo Chapter 21,30 of the Code, Sincerely, ' Awl Ned Sally Nash, Ph.D., AICP Acting Director Depariment of Planning and Zoning City of Annapolis 145 Gorman St,, Third Floor Anitapotis, MD 21401