HomeMy WebLinkAbout18- Conditions of Approval - 119 South Willson Avenue - Barley & Vine Special Use Permit PLRTTED
2615753
Page: 1 of 4 06/07/2018 11:14:30 AM 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
BARLEY & VINE SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
19 SOUTH WILLSON AVENUE, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Special Use
Permit to allow the consumption of alcohol on premises in a restaurant within the B-3 zoning
district(downtown district); and
WHEREAS, the use is to be located on property that is legally described as
Downtowner Mall Condo, S07, T02 S, R06 E, Story's Addition Lot 1-3 & 5ES Lot 4
Block B, S 85' Lot 12-15 Lot 16-18 Block B, 90' E End Lot 3 Alderson Condo Master;
and
WHEREAS, the use is to be located on property that is legally zoned as B-3 (downtown
district) zoning district; and
WHEREAS, the Special Use Permit (SUP) is contained within the City of Bozeman
Department of Community Development's zoning application 18140; and
WHEREAS, The Special Use Permit is required for the sale of alcohol for on-premises
consumption in the B-3 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
BARLEY&VINE SUP 18140 PAGE I OF 3
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or
state law.
Conditional Use Permit and Special 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.I 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:
1.1. After having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar years;
1.2. Final zoning approval to reuse the property for another principal or conditional
use is granted;
BARLEY&VINE SUP 18140 PAGE 2 OF 3
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
1.3. 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 revolve the approval
through the procedures outlined in Section 38.200.160, BMC.
NOW, THEREFORE, BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Special 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 19 South Willson Avenue.
DATED THIS ! DAY OF n E ___ , 2018.
Pr ty Owner
Signature
BARLEY&VINE SUP 18140 PAGE 3 OF 3
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
Printed Name
Title
STATE OF MONTANA
:ss
County of Qj0,A,, )
,2018 before me the undersigned, a Notary
On this�day of �,,,,� y Public for the State
of Montana, personally appeared O--o:a W4ss. r� known to me to be the
0,-)Nv of (C', S , 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.
oPKai A _R,y ANDERSON (Printed name
�'•' 9"; Notary Public
¢Q'N0TARlqz z for the State of Montana Notary Public for tate of Montana
* * Residing at: Residing at
SEAL.
�;•, Bozeman, Montana
9'F�F.m W" My Commission Expires: My Commission Expires:
September 15,zo21 (Use four digits for expiration year)
ARLEY&VINE SUP 18140 PAGE 4 OF 3