HomeMy WebLinkAbout17- Conditions of Approval - Safelite Auto Glass, 200 S. 23rd Avenue, Unit 20 - Automobile Fuel Sales and Repair Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
2596773
Page: 1 of 4 10/26/2017 01:38:11 PM Fee: $28.00
Charlotte Mills - Gallatin County, MT MISC
1111 IN 111111111 III 11111 III III 111111 III1I 11111111
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
SAFELITE AUTO GLASS AUTOMOBILE FUEL SALES AND REPAIR
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
200 S. 23RD AVENUE—UNIT 20, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit (CUP) to allow automobile repair by Safelite Auto Glass in unit 20 of the University
Square Shopping Center at 200 S. 23rd Avenue; and
WHEREAS, the use is to be located on property that is legally described as Lot 3A-2-1,
Block 3, Kirk Subdivision No. 4, located in the Section 11, Township 2 South(T2S), Range 5
East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned B-2 (Community
Business) zoning district; and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's application 16342; and
WHEREAS, The Conditional Use Permit is required for businesses meeting the
definition of automobile fuel sales and repair in the B-2 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, do not in any way create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. No outdoor storage is permitted without an approved enclosure.
200 S.23RD-'UNIT 20,SAFELTTE CLIP 16341 PAGE I OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL.USEiPERMIT APPLICATION'
3. 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):
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
cor mencement 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. Sections 38.19.110.1 and 38.34.160 BMC describe the process for termination/revocation
of a 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 38.19.120
d. There are substantial complaints from the public or from the Police Department
regarding violations of the City of Bozeman's alcohol policies found in Article 4,
including but not limited to open alcohol container(Sec. 4.04.030), minor in
possession of alcohol (Sec. 4.04.010), or any other applicable law regarding
consumption and/or possession of alcohol.
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.
200 S.23RD-UNIT 20,SAFELITE CUP 16342 PAGE OF 4
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE,PERMIT APPLICATION
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.
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 automobile fuel
sales and repair remains at the property addressed at 200 S. 23rd Avenue—Unit 20.
DATED THIS I DAY OIL 0(f-/QAe , 2017.
200 8 23RD—UNTI'20,"SAFELM CUP 16342 PAGE 3 OF 4
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Property Owner
Signature
Printed Name
41?5� AA n a A r O�
Title
STATE OF
:ss
County of 1;W ti J2- )
On this t day of 0cfob9 , 2017 before me, the undersigned, a Notary Public for the State
ofALSEL, a; ersonally appeared . O " MA.k , known to me to be
the o`� h N of the
property owner that executed the vYithin instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(Printed name)
Coiwm"WMd far3o"C,o" Notary Public for the State of ana Pdi55c,,-(.
IV Co:wnbsim E40m:lw,wa,t*W Residing at t 3gao A)2,fe&14J1 N e loo (,,.5
ID#16936M My Commission Expires: lu1'z1&a'0
(Use four digits for expiration' year)
200 S.23RD-UNIT 20,SAFELTTE CUP 16342 PAGE 4 OF 4