HomeMy WebLinkAbout18- Conditions of Approval - 3139 Blackbird Drive - 3139 Blackbird Dr Accessory Dwelling Unit Inter-office original to:
City of Bozeman
Department of Community Development
20 F.ast Olive.Street
PLATTED J 1
2613425
Page: 1 of 4 05/10/2018 12:13:35 PM Fee. $28.00
Charlotte Mills - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
3139 BLACKBIRD DR ACCESSORY DWELLING UNIT
SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
3139 BLACKBIRD DRIVE,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 3139 Blackbird Drive 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 15, Lot 8, Acres 0.22, Plat J-369 Plus
Open Space, City of Bozeman, Gallatin County, Montana; and
WHEREAS,the use is to be located on property that is legally zoned as R-1
(Residential Single-Household, Low Density)zoning district; and
WHEREAS,the Special Use Permit(SUP) is contained within the City of Bozeman
Department of Community Development's zoning application 17481; and
WHEREAS, The Special Use Permit is required for the establishment of accessory
dwelling unit in the R-1 zoning district; and
WHEREAS,the Special 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, does not, in any way, create a waiver or
3139 BLACKBIRD DR ADU SUP 17481 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT APPLICATION
other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or
state law.
2. In no case may an accessory dwelling unit be larger than 600 square feet or have more
than a single bedroom. The method of calculating the maximum accessory dwelling unit
square footage will be "living area" defined as "all floor area exclusive of areas with a
sloped ceiling less than three feet in height, stairwells, and exterior decks." Bedrooms,
living rooms,kitchens, casework, interior walls,hallways, closets,bathrooms, and any
other living space must be included in the maximum square footage calculation.
3. Only one accessory dwelling unit may be created per lot.
4. In addition to the parking required for the principal residence, one paved off-street
parking space is required for the exclusive use of the accessory dwelling unit. The
parking provided must be located on the lot and may not utilize the on-street parking
provisions of division 38.540 of the BMC.
5. The occupancy of the accessory dwelling unit may not exceed two persons.
Conditional Use Permit Provisions, Bozeman Municipal Code BMC):
1. In addition to the review criteria of section 38.230.100,the review authority must, in
approving a special use permit, determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E
through I.
2. Section 38.230.110.E 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.
3. Section 38.230.110.1 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:
3139 BLACKBIRD DR ADU SUP 17481 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
l. 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 38.230.140 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 38.200.160, BMC.
3139BLACKBIRD DR ADU SUP 17481 PAGE 3 OF
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 3139 Blackbird Drive.
DATED THIS / y DAY OF / c/ 4 , 2018.
Property Owner
Signature 4.
Printed Name
Title
STATE OF MONTANA
:ss
County of
On this day of 4 2018, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared van . , known to me to be the
0.&JtiC of ;i 3 i i�i tr, 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.qq DA K ANDERSCNI,OPKPA!O'Fu�AL� (Printed n e)
Notary Public
fie•NO1AR/q� b`for the State of Montana Notary Public r the State of Montana
Z- Residing at:
= Bozeman, Montana Residing at
u�.SEAL. *' g
9�OFMOP`' My Commission Expires: My Commission Exp
September 15, 2021 (Use four digits for expir 'on year)
3139 BLACKBIRD DR ADU SUP 17481 PAGE 4 OF 4