HomeMy WebLinkAbout19- Conditions of Approval - 605 N. 7th Avenue - Ruh Building Conditional Use Permit for the Sale of Alcohol for On-Premises Consumption e(_ecorded original to:
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman,MT 59715
PLATTED
2655219
Page: 1 of 5 08/21/2019 01:45:49 PM Fee: $35.00
Eric Semerad - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
RUH BUILDING CONDITIONAL USE PERMIT
FOR THE SALE OF ALCOHOL FOR ON-PREMISES CONSUMPTION
FOR PROPERTY LOCATED AT
605 N. 7TH AVENUE,BOZEMAN, MONTANA
WHEREAS,the undersigned landowner acknowledges the receipt of a conditional
use permit (CUP) application to allow the sales of alcohol for on-premise consumption within a
new building located at 605 N. 7th Avenue, Bozeman, MT 59715; and
WHEREAS,the use is to be located on property that is legally described as Lots 1 and 2,
Block 1, of Durston's 2nd Subdivision located in the Southeast One-quarter of Section One
(S01), Township Two South(T02S), Range Five East(R05E), P.M.M, City of Bozeman,
Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned B-2M (Community
Commercial Mixed-Use) zoning district; and
WHEREAS, the conditional use permit is contained within the City of Bozeman
Department of Community Development's zoning application 18422; and
WHEREAS, the conditional use permit is required for sales of alcohol for on-premise
consumption in the B-2M zoning district;
WHEREAS,the Bozeman City Commission held a public hearing on March 25, 2019 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:
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 RUH BUILDING CUP- 18422- PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. The property must be configured through the applicable subdivision review process to
aggregate parcels prior to submittal of building permits.
3. A Montana Historic Property Form to document the existing structure must be
completed and approved prior to application for demolition.
4. 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.
5. Any modification of the Montana Department of Revenue alcohol license requires
review and approval of a new conditional use permit.
6. 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.
7. 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.
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.
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;
THE RUH BUILDING CUP- 18422- PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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
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-
premise consumption remains at the property addressed at 605 N. 7th Avenue, Bozeman, MT 59715.
DATED THIS DAY OF ,2019.
THE RUH BUILDING CUP- 18422- PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
LANDOWNER
0
Signature
Printed Name
STATE OF MONTANA
:ss
County of )
On this day of , 2018, before me, the undersigned, a Notary Public for the State of
Montana, personally appeared known to me to be the
of 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)
Notary Public for the State of Montana
Residing at
My Commission Expires:
(Use four digits for expiration year)
THE RUH BUILDING CUP- 18422- PAGE 4 OF 4
CERTIFICATE OF ACKNOWLEDGMENT OF
EXECUTION OF AN INSTRUMENT
Commonwea Australia
---------------------------- lth of------ --------------------------------
(Country)
State- f New South Wales
------------------------- --o--------------- --------------------------
(County and/or Other Political Division)
SS:
City of Sydney
----------------- -----------------------------------------------
(County and/or Other Political Division)
Consue General of nited
------------------lat-------------------------the--------U----------States-----------------
(Name of Foreign Service Office)
L. Elizabeth Rudisill, Consul
of the United States of America at Sydney,Australia
duly commissioned and qualified,do hereby certify that on this day of _--________0-g-12-2019------------- -before me personally appeared
Date(mm-dd-yyyy)
William Anthony Ruh who presented his U.S.A. Passport as evidence of identity ****************
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to me personally known,and known to me to be the individual-described in,whose name iS subscribed to,
and who executed the annexed instrument,and being informed by me of the contents of said instrument he
duly acknowledged to me that ----------------------he---------------------- executed the same freely and voluntarily for the uses and purposes.
therein mentioned.
�S EALJ ;• yF` t fII'' In witness whereof/have hereunto set my hand and
official seal the day and year last above written.
5J
------ - ----- ..........
- --------- -- ..........................
---------
L.Elizabeth Rudisill, Consul
✓�. F L y'ti� ---- - --- -------- ------ ----------------- of the United States of America.
This document consists of----- pages,including the Acknowledgement certificate.
NOTE:Wherever practicable all signatures to a document should be included in one certificate.
0E-175(Formerly FS-88)
01-2009
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