HomeMy WebLinkAbout19- Conditions of Approval - 600 North Wallace Avenue - Find's Delicatessen Special Use Permit Inter-office original to:
Cite of Bozeman
Department of Community Development
20 Rast Olive Street
PL,k:lf
2656389
Page: 1 of 4 08130/2019 12:54:12 PM Fee:MISC$28.00
Eric Semerad - Gallatin County, MT
1111111I 111111 I I 111111111111111111 I I I 1111141111111$1I 11311 I I 11111 I l i l l 1111111
CONDITIONS OF APPROVAL FOR A SPECIAL USE PEIUVIIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
FINK'S DELICATESSEN SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
600 NORTH WALLACE AVENUE,BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Special Use
Permit to allow the sale of alcohol for on-premises consumption within the NEHMU zoning
district(North East Historic Mixed-Use); and
WHEREAS, the use is to be located on property that is legally described as Northern
Pacific Addition to the City of Bozeman, S06, T2S, R6E, Lots 27-32, Block 106, Plat C-23-
Al2, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as NEHMU
(North East Historic Mixed-Use) zoning district; and
WHEREAS, the Special Use Permit(SUP) is contained within the City of Bozeman
Department of Community Development's zoning application 19248; and
WHEREAS, The Special Use Permit is required for the sale of alcohol for on-premises
consumption in the NEHMU zoning district; and
WHEREAS, the Special Use Permit application 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 (BMC) or
state law.
FINK'S DELICATESSEN SUP 19248 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
2. A copy of the State Revenue Department alcohol beverage license for the establishment
must be submitted to the Department of Community Development prior to the sale of
alcoholic beverages.
3. Any modification of the State on-premises consumption retail alcohol license from a beer
and wine beverage license to a license allowing additional uses or scope of services
requires review and approval of a new special use permit.
4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.230.110.I and 38.200.160 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.
5. 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.
If not already existing, a grease interceptor conforming to the latest adopted edition of the
Uniform Plumbing Code must be installed with any development responsible for food
preparation. In accordance with Bozeman Municipal Code (BMC)40.03.960, on-site
maintenance and interceptors service records must be kept on a regular basis and made
available to the City upon request.
7. If not already existing, a backflow preventer must be added to the existing water service
inside the building for protection of the public water supply (BMC 40.02.750). The
applicant shall arrange an inspection with the City Backflow___and__Cxoss._Connection
-� .
Specialist (Jubaly Whitlock) at the City's Water and Sewer Division to obtain a
determination of status of the backflow preventer.
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.
FINK'S DELICATESSEN SUP 19248 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
3. Section 38.230.110.1 describes the process for termination/revocation of a Conditional
Use Permit approval:
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.
FINK'S DELICATESSEN SUP 19248 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 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 600 North Wallace Avenue, Suite 4.
DATED THIS r7- DAY OF A_Ju"g� , 2019.
Property Owner
l
Signatur
u r.re k-7
Printed Name
Title
STATE OF MONTANA
:ss
County of G 4 I i ,4- n )
On this Zs+ day of `, 2019, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared P f- . A �; , known tome to be the
of E 0 C Nco,-4-4 Wct 114�tt r4ve. L..L C"�"the property
owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto y hand and affixed my Notarial Seal the
day and year first above written.
1 '
( IS KAILEY (Prinfdd name)
Q�. �F,� Notary Public Notary Public for the State of Montana
NoTAR/4** for the State of Montana
Residing at: Residing at 6o z
u5;.SEAL.z� Bozeman, Montana My Commission Expires: e)e_-,._ =2
OF'MoQ.�' My commission Expires: (Use four digits for expiration year)
" October 29,2020
FINK'S DELICATESSEN SUP 19248 PAGE 4 OF 4