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Home My WebLink About19- Conditions of Approval - 451 E West Main Street - Garage Special Use Permit for the Sale of Alcohol for On-Premises Consumption ofB L original to:City 265n768 City of Bozeman Department of Community Development Page: 1 of 08/01/2019 01:20::10 PM Fee: $28.00 30 East Olive Street I(IIIII IIIIII III(III IIIIIII IIIIII IIIItIIII IIIII IIII I'III IIIII)III IIII)IIII)IIIII II'I III�SC Bozeman,MT 59715 �� l"" l �` CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE GARAGE SPECIAL USE PERMIT FOR THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION FOR PROPERTY LOCATED AT 451 E WEST 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 undergoing renovation and remodel located at / West Main Street, Bozeman, MT 59715; and WHEREAS, the use is to be located on property that is legally described as Lots 6 - 7,& 6' ST W of Lot 8, Block F, Story Addition to Bozeman,Section 12,Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. 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 19008; 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 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. THE GARAGE SUP- 19008- PAGE I OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL OR SPECIAL USE PERMIT APPLICATION 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. 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. 7. If the temporary ground-level sewer clean-out pipe in the east property setback remains after construction, it must be documented with a Modification to the Site Plan application and protected with a bollard or fencing material. 8. Due to the presence of a nonconforming off-premises sign,the subject property is subject to Section 38.560.200,particularly subsection E,which states: "Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided below, until all signs on the lot are brought into conformance with this division 38.560. The exceptions listed below do not apply to off-premises signs." 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 conditional or special use. B. Sections 38.230.110.1. and 38.200.030 BMC describe the process for 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. THE GARAGE SUP- 19008- PAGE 2 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL OR SPECIAL USE PERMIT APPLICATION 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. 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 consuinption remains at the property addressed at 451 E. Main Street, Bozeman,MT 59715. AL.DATED THIS—C , —DAY OF 1tWe,9 2019. THE GARAGE SUP- 19008- PAGE 3 OF 4 CONDITIONS OF APPROVAL FOR A CONDITIONAL OR SPECIAL USE PERMIT APPLICATION LANDOWNER Signature �� ta� • /jbvAGt� /1tErt 6fie Printed Name STATE OF MONTANA :ss County of (-' �� ) On this aj day of MQ can, 2019, before me, the undersigned, a Notary Public for the State of Montana, personally appeared E�t C ':�tyn m known to me to be the Man of the property owner the 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. SM1 %,,, 0 SMITH 1 h otary Public (Printed name) State of Montana *: * Residing at: Notary Public for the State of Montana Bozeman Montana My Commission Expires: Residing at &Z_ mn MQ(��1Q November 27, 2022 My Commission Expires: �Jwec a'7 ao2a (Use four digits for expiration year) THE GARAGE SUP- 19008- PAGE 4 OF 4