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Home My WebLink About18- Conditions of Approval - 3336 Fen Way - 3336 Fen Way Accessory Dwelling Unit Special Use Permit Inter-office original to: Citv of Bozeman Department of Community Development 20 Fast Olive Street P1 6Y--- 2616248 Page: i of 4 06/12/2018 09:58:08 AM Fee: $28.00 Charlotte Mills - Gallatin County, MT MISC I IIIIIII Ililll III(III IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIIIII III III"IIIII IIIII IIII IIII CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE 3336 FEN WAY ACCESSORY DWELLING UNIT SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 3336 FEN WAY, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a special use permit application to allow the establishment of an accessory dwelling unit(ADU) above a detached garage structure at 3336 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 Ph 3, S35, TO S, R05 E, Block 19, Lot 5, Acres 0.187, Plat J-415, 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 18176; 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 3336 FEN WAY ADU SUP 18176 PAGE 1 OF 4 i CONDITIONS OF APPROVAL FOR A SPECIAL 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 per nits 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 Cleric 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: 3336 FEN WAY ADU SUP 18176 PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 38.230.140 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. 4. Section 38.360.040.C.1, the detached dwelling unit within which the ADU is located, or the ADU itself is actually and physically occupied as a principal residence by at least one owner of record who possesses as least an estate for life or 50 percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. The city may require a guarantee of compliance with the requirements of this section, including but not limited to a binding deed restriction or covenant enforcing the single rental restriction as allowed in section 38.270.080.13, as a condition of approval. 3336 FEN WAY ADU SUP 18176 PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL 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 3336 Fen Way. DATED THIS DAY OF , 2018. Property Owner r' Si` e Printed Name Title STATE OF MONTANA •ss . County of LC I(,, �I,Y) ) On this )_-2—day of j u vi p , 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared .J 0 nn 1•L_q (_ b u v\n , known to me to be the C)u) i'\e C of 3 `3 -3 n E-0 y1 I /0/ 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. / l MARY JANE DISANTI a tt Y2 y�PNE Des Notary Public Q. •.-OEAL� (Printed me) for t e State of Montana Residing at: Notary Public for the State of Montana .SEAL.-"* Bozeman, Montana i Residing at 102__e(ram a t,, 9 aF•Mo P,> My Commission Expire:?: M Commission Expires: �p QL6 September 1?_,2020 Y p (Use four digits for expiration ear) 3336 FEN WAY ADU SUP 18176 PAGE 4 OF 4 I