The URL can be used to link to this page

Home My WebLink About19- Conditions of Approval - 321 East Main Street - Pub 317 Expansion Special Use Permit for the Sale of Alcohol for On-Premises Consumption Recorded original to: City of Bozeman 2646?23 Department of Community Development Page: 1 of 4 06/06/2019 01:11:33 PM Fee $28.00 20 East Olive Street Eric Semerad - Gallatin County, MT MISC Bozeman,'-IT 59715 1111111111111 IN 11111111111111111111111111 III 11111111111111 IN PLATTED •� CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR PUB 317 EXPANSION SPECIAL USE PERMIT FOR THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION FOR PROPERTY LOCATED AT 321 EAST MAIN STREET, BOZEMAN, MONTANA WHEREAS, the undersigned landowner acknowledges the receipt of a special use permit (SUP) application to allow the sales of alcohol for on-premise consumption within a building proposing to expand the use at 321 East Main Street, Bozeman, MT 59715; and WHEREAS, the use is to be located on property that is legally described as Bozeman's Original Plat, Block D, Portion of Lot 15, Bozeman Multi-level Condo, S07, T02 S, R06 E, Condo Master, City of Bozeman, Gallatin County, Montana. WHEREAS, the use is to be located on property that is legally described above, in only the specific ground level Suites IA, 1B, 1C, and 1E, and specific basement Suites BA and BC; and WHEREAS, the use is to be located on property that is legally zoned B-3 (Downtown Commercial) zoning district; and WHEREAS, the special use permit is contained within the City of Bozeman Department of Community Development's zoning application 19026; and WHEREAS, the special use permit is required for sales of alcohol for on-premise consumption in the B-3 zoning district; WHEREAS, the SUP has been found to meet the criteria of Ch. 38, BMC, and was therefore approved by the Director of Community Development, subject to the conditions listed in the staff report and the correction of any elements not in conformance with the standards of the Title; and WHEREAS, the special use permit 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 PUB 317 EXPANSION SUP- 19026- PAGE 1 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 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 alcohol 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 alcohol 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 38.230.110.I 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. If grease interceptor does not currently exist, the applicant must install a grease interceptor for the proposed use, per the plumbing code. 7. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist,the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. 8. 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. 9. Prior to the issuance of a final SUP approval, the applicant must provide a copy of the long- term lease agreement for the off-site parking. Said lease must run for the term of the designated use. 10. A change of use permit must.be reviewed, approved and issued by the Building Division prior to the sale of alcohol in"Room 1" (unit IE) and prior to opening"Room 1"to the public. The change of use permit can be applied for with the Building Division. Code Provisions,Bozeman Municipal Code (BMC): A. Section 38.230.110.F 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 or special 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 special use. B. Sections 38.230.110.I. and 38.200.030 BMC describe the process for PUB 317 EXPANSION SUP- 19026- PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION termination/revocation of a conditional or special use permit approval: 1. Conditional or special 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 or special 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, conditional, or special 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 or special use which has terminated may be reestablished on a site by either, the review and approval of a new conditional or special 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 or special use permit may be renewed on a site then any conditions of approval of the original conditional or special use permit are also renewed. 3. If activity begins for which a conditional or special 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. PUB 317 EXPANSION SUP- 19026- 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 or special 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-premise consumption remains at the property addressed at 321 E. Main Street, Bozeman, MT 59715. DATED THIS l0 DAY OF +TUAJk , 2019. LANDOWNER Signature ( kj Printed Name STATE OF MONTANA :ss County of On this Lah day of—A u,ti,e , 2019, before me, the undersigned, a Notary Public for the State of Montana, personally appeared )?v a) .Sett, t-k d �� S , known to me to be the . O r s;n-e ( � of 45�ix k Adla y 3 6"(_ the property owner that executed the within instrument. 6ct ��e CQ r L 1-C- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \� L;- 4 MARY JANE DISANTI � .. -: t - `\,y�pNE DES' otary Public ,(SEAL (Printed ame) for the state of Montana Residing at: Notary Public or the State of Montana * SEAL Q Bozeman, Montana Residing at oF Mo�P'` MV Commission Expires: September 12,2020 My Commission Expires: C" (Use four digits for expiration PUB 317 EXPANSION SUP- 19026- PAGE 4 OF 4