HomeMy WebLinkAbout17- Conditions of Approval - Whistle Pig, 25 North Willson Avenue, Suite A - Sales and On-Premise Consumption of Alcohol Recorded original to: 2583107
City of Bozeman page: 1 o f 3 06/19/2017 01:54:43 PM Fee. $21.00
Department of Community Development Charlotte Mills - Gallatin County, MT MISC
20 East Olive Street I II�III�IIIIII II)IIII IIIIII(IIII)III II'I IIII II�I�I)�'(IIIIII III IIIII 11I11 IIII II11
Bozeman,NIT 59715
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
WHISTLE PIG SALES AND ON-PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
25 NORTH WILLSON AVENUE, SUITE A,BOZEMAN,MONTANA
WHEREAS,the undersigned landowner acknowledges the receipt of a conditional
use permit (CUP) application to allow the sales of alcohol for on-premise consumption in an existing
restaurant tenant space at 25 North Willson Avenue; and
WHEREAS,the use is to be located on property that is legally described as Lots 17-20 and the
East 12-feet of Lot 16,Block B, Tracy's First Addition, S07,T02S,R06E, 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 is contained within the City of Bozeman Department of
Community Development's zoning application 17207;and
WHEREAS,the conditional use permit is required for sales of alcohol for on-premise
consumption in the B-3 zoning district;
WHEREAS,the Bozeman City Commission held a public hearing on June 12, 2017 to review
the application and any public testimony and approved the conditional use permit subject to conditions:
and
WHEREAS,the conditional use permit 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.
25 NORTH WILLSON AVENUE,SUITE A—WHISTLE PIG ON-PREMISE CONSUMPTION CUP 17207
PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. A copy of the State Revenue Department beer and wine license for the establishment must be
submitted to the Department of Community Development prior to the sale of alcoholic beverages.
3. Any modification of the State on-premises consumption retail alcohol license from a restaurant
beer and wine license requires review and approval of a new conditional use permit.
4. 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.
5. 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 38.19.11 OX 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 i£
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.
c. If activity begins for which a conditional use permit has been given final approval,all
25 NORTH WILLSON AVENUE,SUITE A—WHISTLE PIG ON-PREMISE CONSUMPTION CUP 17207
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 North Willson Avenue.
DATED THIS DAY OF , 2017.
LANDOWNER
K JW:
Signature
/4`1-te,;
Q114)4 -rD MJ
Printed Name
STATE OF MONTANA
:ss
County of Oeca'i-
On this 17 day of�,2017,before me,the undersigned,a Notary Public for the State of Montana,
personally appe ed v„! l Abc&: 1< known to me to be the
of @,�,�,,¢ ,M� ,the property owner that
executed the within instrument.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
M JW11"WARD i d, 4-k W A
SEA (Pr nted name)
° >�AL �at law i 0i� Notary Public for the State of Montana
MI►CoeMrMiNM Residing at Y)l T
NMI► My Commission Expires: 4-a5- _24Q0
(Use four digits for expiration year)
25 NORTH WILLSON AVENUE,SUITE A—WHISTLE PIG ON-PREMISE CONSUMPTION CUP 17207
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