HomeMy WebLinkAbout18- Conditions of Approval - 19 South Willson Avenue - Barley & Vine Special Use Permit Interoffice original to: 2616369
City of Bozeman Page: 1 of 4 06/13/2018 12:32:56 PM Fee: $28.00
Department of Community Development Charlot(IIIIIII IIIIIIte Mills -III IIII IIIIIII 1111111111 Ilatin IIII IIIII IIIII('III ty, MTIIIIIII III IIIII IIIII IIIII IIII IIII MISC
20 Fast Olive street PLATTED
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
other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or
state law.
BARLEY&VINE SUP 18140 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
2. A copy of the State Revenue Department alcohol beverage license for the establishment must be
submitted to the Department of Community Development prior to the sale of alcoholic beverages.
3. Any modification of the State on-premises consumption retail alcohol license from a all-alcohol
beverage license to a license allowing additional uses or scope of services requires review and
approval of a new conditional use permit.
4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.230.110.I and 38.200.160 based on substantial complaints from the
public or from the Police Department regarding violations of the City of Bozeman's open alcohol
container, minor in possession of alcohol, or any other applicable law regarding consumption
and/or procession of alcohol.
5. Any expansion of this use or facility is not permitted unless reviewed and approved as required
under the applicable regulations of the Bozeman Municipal Code.
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 1.
2. Section 38.230.110.F 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 3 8.23 0.110.1 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:
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;
BARLEY&VINE SUP 18140 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
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.
BARLEY&VINE SUP 18140 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 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 2018.
Property Owner
Signature
14 y04!` Il JS 5 e I1 c�y c r�
Printed Name
04-`444 Jj'vl.a /Me h4 �S 1'_
Title
STATE OF MONTANA
:ss
County of .�A�t'4TJ11/ )
On this) day of - , 2018, before me, the undersigned, a Notary Public for the State
of Montana, personally appep�farred , known to me to be the
A/iV lg, LEA &FX—of / 9' , 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.
TRACI GILBERTSON
GIL8E T
Notary Public LIT
tiQ.'NpTAglq�y" State of Montana
esiding at: (Printed name)
SEAL.,Q;= Belgrade, Montana Notary Public for the State of Montana
9oF.�oP, My Commission Expires: Redding at f P
March 02,2019
My Commission xpires:
(Use four digits for expiration year)
BARLEY&VINE SUP 18140 PAGE OF 4