HomeMy WebLinkAbout16- Conditional Use Permit for 3043 Foxtail Street Accessory Dwelling Unit Intcr-office original to:
City of Bozeman
Department of Community Development
20 Fast Olive Stnx:t
2546953
Page: 1 of 4 0610212016 01:37:38 PM Fee: $28.00
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
3043 FOXTAIL STREET ACCESSORY DWELLING UNIT
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
3043 FOXTAIL STREET,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a conditional
use permit application to allow the establishment of an accessory dwelling unit(ADU)above a
detached garage structure at 3043 Foxtail Street in the Foxtail Street Subdivision; and
WHEREAS,the use is to be located on property that is legally described as Lot 10,
Block 14 of Foxtail Street Subdivision,City of Bozeman,Gallatin County,Montana;and
WHEREAS,the use is to be located on property that is legally zoned as R-1 (Residential
Single-Household, Low Density)zoning district;and
WHEREAS,the Conditional Use Permit(CUP)is contained within the City of Bozeman
Department of Community Development's zoning application 16115; and
WHEREAS,The Conditional Use Permit is required for the establishment of accessory
dwelling unit in the R-1 zoning district; and
WHEREAS,the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
CONDITIONS OF APPROVAL
1. The applicant is advised that unmet code provisions,or code provisions that are not
specifically listed as conditions of approval,does not,in any way,create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. No more than one of the dwellings,either the principal dwelling or the accessory
dwelling,may be rented at the same time. One of the dwellings must be occupied as a
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
principal residence by the property owner,per Code Provision Section 38.22.030.A.1,
BMC.
3. That the applicant,upon submitting the final plan for approval by the Community
Development Director and prior to issuance of a building permit,will also submit a
written narrative outlining how each of the conditions of approval and code provisions
has been satisfied.
4. All construction activities must include routine cleaning and sweeping of material that is
dragged to adjacent streets,if any.
5. Any existing City sidewalk panels that are damaged during construction must be
replaced.Applicant's contractor must retain and protect sidewalks.
6. A City of Bozeman Residential Stormwater Control and Site Drainage Self Certification
form must be completed and submitted with the building permit application.
7. The sanitary sewer service must be updated to consist of one sanitary sewer line that
routes through the primary structure and subsequently to the accessory dwelling unit
above the detached garage structure.
Code Provisions,Bozeman Municipal Code(BMC):
a. Section 38.19.11OX BMC states that the right to a conditional use permit shall be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions shall
constitute restrictions running with the land,shall be binding upon the owner of the land,
his successors or assigns, shall be consented to in writing by the applicant prior to
commencement of the use and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to the final site plan approval or
commencement of the use. All of the conditions and code provisions specifically stated
under any conditional use listed in this title shall apply and be adhered to by the owner of
the land,successor or assigns.
b. Section 38.19.110.1 BMC Termination/Revocation of Conditional Use Permit approval:
a. Conditional use permits are approved based on an analysis of current local
circumstances and regulatory requirements.Over time these things may change
and the use may no longer be appropriate to a location.A conditional use permit
will be considered as terminated and of no further effect if.
i. After having been commenced,the approved use is not actively conducted
on the site for a period of two continuous calendar years;
ii. Final zoning approval to reuse the property for another principal or
conditional use is granted;
iii. The use or development of the site is not begun within the time limits of
the final site plan approval in Section 38.19.130 BMC.
b. A conditional use which has terminated may be reestablished on a site by either,
the review and approval of a new conditional use permit application,or a
determination by the Planning Director that the local circumstances and
regulatory requirements are essentially the same as at the time of the original
approval.A denial of renewal by the Planning Director may not be appealed. If
the Planning Director determines that the conditional use permit may be renewed
3043 FOXTAIL ADU CUP 16115 PAGE 2 Or 4
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-CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
on a site then any conditions of approval of the original conditional use permit are
also renewed.
c. If activity begins for which a conditional use permit has been given final
approval,all activities must comply with any conditions of approval or code
requirements. Should there be a failure to maintain compliance the City may
revoke the approval through the procedures outlined in Section 38.34.160,BMC.
c. Section 38.25.020.A,BMC-Stall,aisle and driveway design:
a. Per Table 38.25.020: Dimensions of Parking Spaces and Modules,the final plan
must meet the requirements for Individual Residential Garage Dimensional
Standards.The applicant's original plan requires the addition of one foot on all
exterior sides of the stall,including the garage parking space dedicated for the
ADU to meet minimum dimensions of 22 feet for length and I I feet for width for
each of the three stalls proposed.
d. Section 38.21.060.A,BMC-Yard and height encroachments,limitations and exceptions:
a. Per Sec. 38.42.1270:Ground floor area;the square foot area of a building would
include covered porches and terraces. The applicant's original submittal indicates
a covered entryway area at the southeastern corner of the primary structure. The
covered section of the entryway is considered as usable area for the entire
structure.As an R-1 lot adjacent to a local street,3043 Foxtail Street requires a
minimum 15-foot front yard setback per Sec.38.08.050.A,BMC.This covered
space is not allowed as a permitted encroachment into the front yard.However,an
eave would be allowed as an encroachment of up to 5 feet into the front yard and
2.5 feet into the side yard.For the roof section of this space to instead be treated
as an eave,Staff recommends revision of the ground area/patio to be reduced to
zero encroachment into the required front yard setback.
NOW,THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Conditional Use Permit shall be binding upon the
undersigned owner of the subject property,and successors or assigns,as long as the uses remains
at the property addressed at 3043 Foxtail Street.
DATED THIS DAY OF `5t,NL— ,'2016.
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE-PERMIT APPLICATION
Property Owner
l
Signature
1`��LC.IL �LVEs ati�
Printed Name
f'w,.s
Title
STATE OF MONTANA
:ss
County of ja.B&s 1
On this / day of�, 2016,before me, the undersigned,a Notary Public for the State
of Montana, person appeared n��eJ CA11- known to me to be the
c yr•apt, of ►-OCZ Tro v S r the property
owner that executed the within instrument. (3 ortr*a w0r sv),A0
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
„gip' qq!�;(SEANNA GRAVER
Notary Public (Printed name)
taotAHi,4:9:for the state of Montana Residing at: Notary Public for the Stat f Montana
gy;.SEAL "�p Belgrade,Montana Residing at
s`"9jfioF',nas`` f'"y'Commission Expires: My Commission Exp' es:
June 11,2020
(Use four digits for xpiration year)
3043 FOXTAIL ADU CUP 16115 PAGE 4 OF 4
4 I 3043 FOXTAIL STREET
� BOZEMAN, MT
City of Bozeman
Dept. of Community Development
20 East Olive Street
Bozeman, MT 59715
engineering+planning+Gons#rullvri
June 1, 2016
Salve'TECH LLC Re: CUP Narrative
To Whom it may concern,
Professional Licensing in:
The following conditions of approval and code provisions for Condtional Use Permit
• Montana Application 16115 for 3043 Foxtail Street in Bozeman Montana have been addressed.
• North Dakota 1. No more than one of the dwellings,either the principal dwelling or the
• Minnesota accessory dwelling unit,will be rented at the same time. This is our primary
• Colorado residence and we will live in the principal dwelling.
2. The construction site will be kept in a neat manner including routine sweeping
and cleaning of adjacent streets.
3. City sidewalks will be protected to the best extent possible and any panel
damaged during construction will be repaired upon completion of the project.
4. City of Bozeman Residential Stormwater Control and Site Drainage Self
Certification has been submitted to the Building Department.
5. The sanitary sewer service has been revised to consist of one sanitary sewer
line routing through the primary structure and subsequently to the ADU.
6. The ADU garage parking space has been revised to provide the minimum 22'
length and 11'width requirements.
7. The front covered patio has been revised to not encroach on the 15'yard
setback line .
If there is any further questions or comments regarding this narrative please do not
hesitate to contact me immediately.
Sincerely,
201 S. Wallace STE A2 Derrick Salveson
Bozeman, MT 59715 Owner
(406).579.4198
office@salvetech.com