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HomeMy WebLinkAbout18- Conditions of Approval - 3168 Fen Way - Cattail Creek Accessory Dwelling Unit Conditional Use Permit Inter-office original to: City of Bozeman Department of Community Development 20 Fast Olive Street 2622472 Page: 1 of 3 ©B 12:38: PM Fee. $21.00 Charlotte Mills - Gallatinallatin County,, MT MISC °-'— 11111111111111111 IN 1111111111111 IN 111111111111111111111111111111111111111111111111 IN CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE CATTAIL CREEK 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-1 (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 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 or state law. CATTAIL CREEK ADU CUP 17382 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.F,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. CATTAIL CREEK ADU CUP 17382 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 (,SL S , 2018. Property Owner ignatu Printed 14ame 6 wNZ:--,C Title STATE OF MONTANA :ss County of 4Bf r A7ZA1 ) On this-7�-- day of Ae-11 12018 before me, the undersigned, a Notary Public for the State of Montana, personally appeared , known to me to be the U/IV�� of CN 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. (SEAL) (Printed name) JEANNE M MCLEAN Notary Public for the State of Montana � o,.n NOTARY PUBLIC for the Residing at SEAL Slate of Montana mA r� Residing at Havre,Montana My Commission Expires: My Commission Expires March 24,2022 (Use four digits for expiration year) CATTAIL CREEK ADU CUP 17382 PAGE 3 OF 3