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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 IIIII)IIII I'�'III IIIIII�II'I'I II'I IIII(I"'IIIII('II)I'IIII�I��IIIII I�I�)II�'I IIII(") 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 **************** ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ********************************************************************************** ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 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 i