HomeMy WebLinkAbout18- Conditions of Approval - 3168 Fen Way - Pine Meadow Accessory Dwelling Unit (ADU) 'Inter-office original to:
City of Bozeman
Department of Community Development
20 Fast Olive Street
2603001
Page: 1 of 3 01/04/2018 04:19:50 PM Fee $21.00
PLATTEDCharlot in County, MT
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
PINE MEADOW ACCESSORY DWELLING UNIT
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
3168 FEN WAY,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a conditional
use permit application to allow the establishment of an accessory dwelling unit (ADU) above a
detached garage structure at 3168 Fen Way in the Cattail Creek Subdivision; and
WHEREAS, the use is to be located on property that is legally described as Cattail
Creek Sub Phase 2a & 2b, S35, T01 S, R05 E, Block 14, Lot 1, Acres 0.274, Plat J-369, City
of Bozeman, Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as R-I
(Residential Single-Household, Low Density) zoning district; and
WHEREAS, the Conditional Use Permit(CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 17382; and
WHEREAS, The Conditional Use Permit is required for the establishment of accessory
dwelling unit in the R-1 zoning district; and
WHEREAS,the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
CONDITIONS OF pP PROVAL
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.
PINE MEADOW ADU CUP 17175 PAGE 1 OF 3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. No more than one of the dwellings, either the principal dwelling or the accessory
dwelling,may be rented at the same time. One of the dwellings must be occupied as a
principal residence by the property owner,per Code Provision Section 38.22.030.A.1,
BMC.
Conditional Use Permit Provisions,Bozeman Municipal Code(BMC)
1. Section 38.19.110.17,BMC states that the right to a conditional use permit must be
contingent upon the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure. All special conditions and code provisions must
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 describes the process for termination/revocation of a
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:
1. After having been commenced,the approved use is not actively conducted on
the site for a period of two continuous calendar years;
2. Final zoning approval to reuse the property for another principal or conditional
use is granted;
3. 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 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.
PINE MEADOW ADU CUP 17175 PAGE 2 OF 3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 use remains
at the property addressed at 3168 Fen Way.
DATED THIS DAY OF 201s'.
Property Owner
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i ature
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—printed Na e
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Title
STATE OF MONTANA
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County of ( l�cc1/C�4 114 )
On this 21�_"day of ,) 2017, before me, the undersigned, a Notary Public for the State
of Montana, personally appe red 13Q r r. lea Ir sc_ ,ek , known to me to be the
--0 c 6 Q,,j c o w heP of 1 v / the property
ow her that exeduted the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
" MARY JANE DISANTI a it vt
, ( FF ct�ry Public
qr�� � fZ-si✓iP �ate of Montana (Printed a e)
Residing at: Notary P li for the State of Montana
Bozeman, Montana
. ' Residing at �'z-P
{� My Commission Expires: --.-
September ` i
1C 12,2020 My �_onu=nlssn Expires. �1 VVl
(Use four digits for expiration ear) '
PINE MEADOW ADU CUP 17175 PAGE 3 OF 3