HomeMy WebLinkAbout19- Conditions of Approval - 1783 North 19th Avenue - Home Depot Lot 2, Buffalo Wild Wings Conditional Use Permit Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
PLATTED=Avkw
2659920
Page: 1 of 4 10/02/2019 12:45:28 PM Fee: $28.00
Eric Semerad - GallaItin County, MT MISC
(I�III�'III"I III II�I'IIIIII I��III II'IIII IIII(III)IIII��II�I�III(IIII II�'�IIII)IIII IIII
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
HOME DEPOT LOT 2,BUFFALO WILD WINGS CONDITONAL USE PERMIT
FOR PROPERTY LOCATED AT
1783 NORTH 19TH AVENUE, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sale of alcohol for on-premises consumption with an all beverage license
within the M-1 zoning district(light industrial district); and
WHEREAS, the use is to be located on property that is legally described as Lot 2 of
the Home Depot Minor Subdivision 319, S2, T2S, R5E, P.M.M. City of Bozeman, Gallatin
County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as M-I (light
industrial district) zoning district; and
WHEREAS, the use is to be located on property that is within the Stoneridge Planned
Unit Development which allows for restaurant, bars and taverns in the M-1 district; and
WHEREAS, the Conditional Use Permit (CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 19089; and
WHEREAS, The Conditional Use Permit is required for the sale of alcohol for on-
premises consumption in the M-1 zoning district as required by the Stoneridge Planned Unit
Development and the Bozeman Municipal Code; and
WHEREAS, the Conditional 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
HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 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. 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.
4. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.230.110.1 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 possession 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.
Conditional Use Permit and Special Use Permit Provisions, Bozeman Municipal Code (BMC):
1) 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.
2) Section 38.230.110.I 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.
i) After having been commenced, the approved use is not actively conducted on the site
for a period of two continuous calendar years;
ii) Final zoning approval to reuse the property for another principal or conditional use is
granted;
iii) 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
HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION
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
HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 3 DF 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 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 1783 North 19"' Avenue.
DATED THIS DAY OF J 1�m��:— , 2019.
Property Owner
i atLIM
Printed Name
Title
STATE OF MONTANA
:ss
County of l )
On this day of c , 2019, before me, the undersigned, a Notary Public for the
State of Montana,personally appeared LgXrd AYl r'_Y�SQfl ,known to me to be
the �f�J d�(Zt of 0 KI «>1 rx►no, �+(C ro"D the
property,owner that executed the within instrument.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my Notarial Seat the
day and year first above written.
� vV
CSEA
C R EY CAMERON r
�o PUBLIC for the (Printed name: ( e of Montana Notary Publ fog the Stat f Montana
Residing at Billings,MontanaResiding at ` U1� - r 1�� My commission
12,�2020xpires My Commission Expires: 0�U
(Use four digits for expiration year)
HOME DEPOT LOT 2,BUFFALO WILD WINGS CUP 19089 PAGE 4 OF 4