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HomeMy WebLinkAbout18- Conditions of Approval - 875 Bridger Drive, Unit B - Valhalla Meadery Conditional Use Permit lecorded original to: City of Bozeman Department of Community Development 20 East Olive Street Bozeman,NIT 59715 2628508 Page: 1 of 4 10/09/2018 02:06:40 PM Fee $28.00 Charlotte Mills - Gallatin County, MT MISC IIIIII IN 11111111111111111111111111 III 1111111111111111111 IN CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE VALHALLA MEADERY CONDITIONAL USE PERMIT FOR THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION FOR PROPERTY LOCATED AT 875 BRIDGER DRIVE, UNIT B, BOZEMAN, MONTANA WHEREAS, the undersigned landowner acknowledges the receipt of a conditional use permit (CUP) application to allow the sale of alcohol for on-premises consumption within a an existing building located at 875 Bridger Drive, Unit B, Bozeman, MT 59715; and WHEREAS,the use is to be located on property that is legally described as Naya Nuki Condominium, S31, TO S, R06 E, Tract W SE4 SE4,Gallatin County,Montana;'and WHEREAS, the use is to be located on property that is legally zoned M-1 (light manufacturing) zoning district; and WHEREAS,the conditional use permit is contained within the City of Bozeman Department of Community Development's zoning application 18332; and WHEREAS,the conditional use permit is required for sales of alcohol for on-premises consumption in the M-1 zoning district; WHEREAS, the Bozeman City Commission held a public hearing on October 8, 2018 to review the application and any public testimony and approved the conditional use permit subject to conditions; and WHEREAS,the conditional use permit is subject to the following conditions of approval and code provisions: CONDITIONS OF APPROVAL: I. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not in any way create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A copy of the Montana Department of Revenue domestic winery license for the establishment must be submitted to the Department of Community Development prior to alcohol service. VALHALLA MEADERY CUP,APPLICATION:18332- PAGE I OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 3. Any modification of the Montana Department of Revenue domestic winery license type requires review and approval of a new conditional use permit. 4. 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. 5. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 3 8.23 0.110.1 and 38.200.030 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. Code Provisions, Bozeman Municipal Code (BMC): A. Section 38.230.110.E BMC states that the right to a use and occupancy permit is contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure.All of the conditions constitute restrictions running with the land use, apply and must be adhered to by the owner of the land, successors or assigns, are binding upon the owner of the land, his successors or assigns, must be consented to in writing, and must be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. B. Sections 38.230.110.I. and 38.200.030 BMC describe the process for termination/revocation of a conditional use permit approval: 1. 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: a. After having been commenced,the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.230.140. 2. 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 VALHALLA MEADERY CUP,APPLICATION 18332- PAGE 2'OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 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. 3. 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. 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 sales of alcohol for on- premises consumption remains at the property addressed 875 Bridger Drive, Unit B, Bozeman, MT 59715. DATED THIS �� DAY OF `�//" ,2018. VALHALLA MEADERY CUP,APPLICATION 18332- PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION PROPERTY OWNER Signature i Printed Name STATE OF MONTANA County of ('�fQ,4 On this Rt day of 2018, �j fore in rt-he undersigned, a Notary Public for the State of Montana, personally appeared l + .f , known to me to be the O(/ur,Q,r of ( ( , the property owner that executed the within instrument. -002-egmm, W IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Publi or the State of Montana Residing at �p cRG� SADEE CRUM My Commission Expires: D Z� aoT, . NOTARY PUBLIC for the SEAL STATE OF MONTANA (Use four digits for expiration year) e Residing In Gabtln,Montana My Commission Expires Mo November 8,2021 VALHALLA MEADERY CUP,APPLICATION 18332- PAGE 4 OF 4