HomeMy WebLinkAbout17- Conditions of Approval - 4149 Clydesdale Court - Cooperative Household Recorded original to:
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman,MT 59715
PLATTED
2599688
Page: 1 of 6 11/27/2017 04:29:28 PM Fee: $42.00
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
4149 CLYDESDALE COURT COOPERATIVE HOUSEHOLD
CONDITIONAL USE PERMIT
WHEREAS,the undersigned landowner acknowledges the receipt of a conditional
use permit (CUP) application to allow occupancy of 4169 Clydesdale Court, Bozeman MT as a
cooperative household; and
WHEREAS,the use is to be located on property that is legally described as Lot 12, block
8, Baxter Meadows Phase 1, City of Bozeman, Gallatin County,Montana; and
WHEREAS,the use is to be located on property that is legally zoned R-S (Residential
Suburban)zoning district; and
WHEREAS,the conditional use permit is contained within the City of Bozeman
Department of Community Development's zoning application 17469; and
WHEREAS,the conditional use permit is required for a cooperative household in the R-
S zoning district;
WHEREAS,the Bozeman City Commission held a public hearing on November 20,
2017 to review the application and 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.
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. No fewer than four on-site parking spaces shall be provided and maintained at all
times.
3. The occupancy of the site shall continue to meet the required characteristics of
Cooperative Household as defined by the City at all times.Any transfer to another
party shall terminate the Conditional Use Permit unless it is demonstrated that the
new user continues to meet all applicable standards for a Cooperative Household.
4. Applicant is advised of the noise and outdoor construction time restraints of Article
16.6 of the municipal code and that failing to follow such restraints may be grounds
for revocation of the Conditional Use Permit.
Code Provisions,Bozeman Municipal Code (BMC):
1. Section 38.19.110.17 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
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
DATED THIS 2)7-6 DAY OF a y&qtZer ,2017.
LANDOWNER
Signature
Megan Radoslovich
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of November, 2017, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Megan Radoslovich known to me to be the property owner that
executed the within instrument.
IN WITNESS WHEREOF, I have hereunto s y hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) (Printed n��• �� '��
Notary Public for the State of Montana
-- Residing at li' .y
Ktj1e�\oMt�j9GF� i M KARGEL C for the My Commission xpires:
NOTARY
* State of Montana
(Use four digits for expiration year)
/ SEAL Residing at Belgrade,Montana
r'ra� �� my Commission Expires
Saps e July 10,2019
OF I
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
PAGE 6 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
DATED THIS DAY OF Lovevh04- ,2017.
LANDOWNER
nature
Jesse Radoslovich
STATE OF MONTANA)
:ss
County of GALLATIN )
On this 21- day of November, 2017, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Jesse Radoslovich known to me to be 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.
tA K",' `lam (SEALLi F a c or the (Printe name)
IM o Notary Public for the State of Montana
State of Montana Residing at
x .STEAL
Residing at Belgrade:kientana
My Commission Expires My Commission E pires: M I LD I Zola
�•'r` ��P' my 10,2019
(Use four digits for expiration year)
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
PAGE 5 OF 4
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.
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 owners of the subject property, and successors or assigns, as long as the cooperative
household remains at the property addressed at 4149 Clydesdale Court.
DATED THIS Z-7 41--- DAY OF 4 o J?*-u�ci ,2017.
LANDOWNER
- 4�
Signature
Matthew P. Kirby
STATE OF MONTANA)
:ss
County of GALLATIN )
On this 2� day of November, 2017, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Matthew P. Kirby known to me to be 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.
�•t�9(s ( 1�, BLICfo� (Printed name)
��a°j`s'1: •� 1 it3!_1C for the
x S AL State of Montana Notary Public r the State of Montana
Bel Residing at grade,Montana Residing at
My Commission Expires
E 0r'41AD July 10,2019 My Commission Expires:
�= (Use four digits for expiration year)
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
DATED THIS DAY OF 2017.
LANDOWNER
Signature
Lisa M. Kirby
STATE OF MONTANA)
:ss
County of GALLATIN )
On this 21_day of November, 2017, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Lisa M. Kirby known to me to be 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.
44. M- Li
(SEAL) (Printed name)
Notary Public or the State of Montana
v Residing at
�.A�KA,-� CAMi M KAROO. My Commission xpires: C 1 I to 1 Z61�
?v0TRRY PUBLIC for the (Use four digits for expiration year)
State of NonWna
> OEAL
Residing at Belgrade,fvlc;ntana
2 My Commission Ex ices
`-Or t_�0� July 10,P019
4169 Clydesdale Court Cooperative Household Conditional Use Permit—Application 17469
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