HomeMy WebLinkAbout19- Conditions of Approval - 401 East Peach Street - Audrey's Special Use Permit Recorded original to:
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman,NIT 59715
2645264
Page: 1 of 4 05/21/2019 03:48:54 PM Fee. $28.00
Eric Semerad - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
AUDREY'S SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
401 E PEACH STREET, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Special Use
Permit (SUP) to allow the sale of alcohol for on-premises consumption within the NE-HMU
zoning district(community business);
WHEREAS, the use is to be located on property that is legally described as Northern
Pacific Add, S06, T02 S, R06 E, Lot 22 - 24, LESS HWRW, PMM, City of Bozeman,
Gallatin County, Montana.;
WHEREAS, the use is to be located on property that is legally zoned as NE-HMU
(Northeast Historic Mixed Use) zoning district;
WHEREAS, the SUP is required for the sale of alcohol for on-premises consumption in
the NE-HMU zoning district;
WHEREAS, the SUP documents a new type of Montana Department of Revenue serving
license at the property—a"Domestic Brewery License"—and the new serving area resulting
from a remodel to accommodate artisan manufacturing (brewing equipment) as contained within
the City of Bozeman Department of Community Development's zoning application 18556;
WHEREAS,the addition of artisan manufacturing to the building decreases the
restaurant's non-conformity as initially allowed in Certificate of Appropriateness application Z-
09027;
WHEREAS, the conditions and code provisions associated with the prior Conditional
Use Permits Z10018 and Zl 1198 as recorded in document numbers 2362071 (Attachment A)
and 2415103 (Attachment B) continue in effect unless the most recent approval establishes a
different standard;
WHEREAS, the Special Use Permit application is subject to the following conditions of
approval and code provisions:
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
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.
2. A copy of the Montana Department of Revenue domestic brewery license for the
establishment must be submitted to the Department of Community Development prior to
alcohol service.
3. Any modification of the Montana Department of Revenue domestic brewery license
requires review and approval of a new conditional use permit.
4. A copy of the City of Bozeman alcohol license for the establishment must be submitted
to the Department of Community Development prior to alcohol service.
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.
6. 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 BMC, 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:
AUDREY'S PEACH STREET)SUP 18556 PAGE 2 OF 4;
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT;APPLICATION
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 38.230.140 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.
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AUDREY'S(PEACH STREET)SUP 18556 PAGE 3 OF
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 401 E. Peach Street.
DATED THIS _DAY OF A , 2019.
Property w er
Signature
LA
Printed Name
Title
STATE OF MONTANA
:ss
County of ��ka:VA )
On this ,&V day of_ , 2019, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared , known to me to be the
in of A 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.
A"D� C�
SHANNON L KLOOSTERHOF h LrfkJOAID
4'�,
0%. Opsr'' otary Pubnc�' SfE (Printed name)
Tpg14 or State of Montana
4'r = Residing at: Notary Public for the State of Montana
- ' SEA1�, e Bozeman,Montana g O�
Residing at
s��U�j �� My commission Expires: �,�. 2
March 17,2021 My Commission Expires: y 21
(Use four digits for expiration year)
AUDREY'S(PEACH STREET)SUP 18556 PAGE 4 OF 4