HomeMy WebLinkAbout16- Conditional Use Permit for On-Premise Consumption at Jam Fusion Cafe at 25 West Main Street Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
JAM FUSION CAFE SALE OF ALCOHOL AND ON-PREMISE CONSUMPTION
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
25 WEST MAIN STREET,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a conditional
use permit application to allow the sales of alcohol for on-premise consumption in a new
restaurant at 25 West Main Street.; and
WHEREAS,the use is to be located on property that is legally described as Tracys 1st
Add. S07, T02S,R06E,Block A, Lot 9,&27' W S Lot 8 City of Bozeman, Gallatin County,
Montana; and
WHEREAS,the use is to be located on property that is legally zoned B-3 (Central
Business)zoning district; and
WHEREAS,the Conditional Use Permit(CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 16199; and
WHEREAS, The Conditional Use Permit is required for the sales of alcohol for on-
premise consumption in a restaurant in the B-3 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. A copy of the Montana Department of Revenue alcohol licenses for the establishment
must be submitted to the Department of Community Development prior to the sale of
25 W MAIN—JAM FUSION CAFt CUP COA 16199 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
alcoholic beverages.
3. The applicant shall obtain a Downtown Sidewalk Right of Way Exclusive Use permit for
the proposed patio per Bozeman Municipal Code 34.05. The encroachment permit will
be required prior to removal of the storefront kickplate and installation of the patio and
related elements.Maintenance of 6' ADA right of way access without encroachment by
the patio or other activities associated with the property is required at all times, as stated
in the permit's conditions.A copy of the approved permit must be submitted to the
Department of Community Development prior to installation of the patio.
4. Any expansion of this use or facility is not permitted unless reviewed and approved as
required under the applicable regulations of the Bozeman Municipal Code.
Code Provisions,Bozeman Municipal Code BMC):
1. Section 38.19.110.F 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.
2. Section 38.19.110.I 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
on a site then any conditions of approval of the original conditional use permit are
also renewed.
25 W MAIN-JAM FUSION CAF8 CUP COA 16199 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
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 sales of
alcohol for on-premise consumption remains at the property addressed at 25 West Main Street.
DATED THIS s° DAY OF ,2016.
25 W MAIN—JAM FUSION CAA CUP COA 16199 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Property Owner
-
Signature
e �
7
Printed Name
Title
STATE OF MONTANA
:ss
County of )
On this o2I day of 201 before me,the un ,rsi ed, a Notary Public for the State
of Montana, personal ap ared , known to me to be the
- �- of the property
owner that executed the within instrumen
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) (Printed name)
ANNA R DOUMA Notary Public foe State of Montana
"�;a oo NOTARY PUBLIC for the Residing at
°* . &''
c` va* 4�4+ State of Montana
My Commission Expires:
SEAL . Rosiding at
' Soxeman,Montana (Use four digits for expiration year)
My Commission Expires
August 15,2019
25 W MAIN—JAM FUSION CAFE CUP COA 16199 PAGE 4 OF 4