HomeMy WebLinkAbout16- Conditions of Approval - Element Hotel Conditional Use Permit, 25 East Mendenhall Street CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION 15498
Inter-office Ori ink al to: 2554832
City of Bozeman
Office of the City Clerk PLATTED Page: 1 of 3 08l18l2016 12:05:22 PM Fee: $21.00
P.O.BOX 1230 Charlotte Mills - Gallatin County, MT MISC
Bozeman,MT 59771 111111 III 11111111111111111 IN 1111111111111111111111111111111111111111 IN IN
ELEMENT HOTEL CONDITIONS OF APPROVAL
FOR ON-PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 25 EAST MENDENHALL STREET,
BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sales of alcohol for on-premise consumption in the Element Hotel
addressed as 25 East Mendenhall Street,Bozeman,Montana; and
WHEREAS, the uses to be located on property that is legally described as Lot 6A, Block
G, Bozeman Original Plat, Section Seven, Township Two South, Range Six East, City of
Bozeman, Gallatin County, Montana; and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's zoning application 15498; and
WHEREAS, the Conditional Use Permit is required for the sales of alcohol for on-
premises consumption in the B-3 zoning(Central Business District); and
WHEREAS, the Conditional Use Permit application is subject to the following
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 State Revenue Department alcohol license for the establishment must be
submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints
from the public or from the Police Department regarding violations of the City of
Bozeman's open alcohol container, minor in possession of alcohol, or any other
applicable law regarding consumption and/or procession of alcohol.
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION 15498
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.
5. The applicant must submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
A. 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.
B. Section 38.19.110.I, BMC Termination/Revocation of Conditional Use Permit approval:
1. 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:
a. After having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or
conditional use is granted;
c. 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.
2. 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.
3. 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.
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION 15498
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 occurs as conditioned and does not cease for any reason for
more than 90 days pursuant to Section 38.32.1010.D, BMC at 25 East Mendenhall Street.
fk DATED THIS DAY OF ,J 1, fJ C' , 2016.
PROPERTY OWNER
e Id l
Si e
06 Zc . m er 2_5 1401ties 1,LAL�'
Printed Name and Capacity
STATE OF Je4,r,",4 )
:ss
County of (! -u. 0/111 )
On this :36) day of �«„� , 2016, before me, the undersigned, a Notary Public for
the State ofMVnt ht,'4 , personally appeared kw4c-y 061-ci �„Z�, �}o�r�n;,5 known to
me to be the property owner that executed the within instrument. ` w
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
v o s' JEIiRY D. SMITH
(Seal) ,:�P?. MiT% Notary Public (Printed Name Here)
�.•NpTAR/A4'.. for the State of Montana Notary Public for the State of
Residing at:
m�.SEAL.-'*, Bozeman, Montana /�JOitITI `s9
My Commission Expires: Residingat �lzc/nll f
of Mo February 24,2018
My Commission Expires:frMaAyz,y
(Use 4 digits for expiration year)