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HomeMy WebLinkAbout20- Conditions of Approval - 233 East Main Street - Osborn Building Special Use Permit for the Sale of Alcohol for On-premise Consumption Inter-office original to: City of Bozeman Department of Community Development 20 Fast Olive Street EKEPLATTED 2677784 Page: 1 of 3 04/06/2020 02:01:33 PM Fee: $21.00 Eric Semerad - Gallatin County MT MISC IIIII IN IN CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION CONDITIONS OF APPROVAL FOR THE OSBORNE BUILDING SPECIAL USE PERMIT FOR PROPERTY LOCATED AT 233 EAST MAIN STREET,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 B-3 zoning district (community business); and WHEREAS, the use is to be located on property that is legally described as Bozeman Original Plat, Lot 9, City of Bozeman, S07, T2S, R6E, Block B, Plat C-1-11, City of Bozeman, Gallatin County, Montana. WHEREAS,the use is to be located on property that is legally zoned as B-3 (Downtown Business)zoning district; and WHEREAS, the Special Use Permit(SUP) is contained within the City of Bozeman Department of Community Development's zoning application 19473; and WHEREAS, The Special Use Permit is required for the sale of alcohol for on-premises consumption in the B-3 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 or state law. OSBORNE BUILDING SUP 19473 PAGE 1 OF 3 CONDITIONS OF APPROVAL FOR A SPECIAL USE PERMIT APPLICATION 2. A copy of the State Revenue Department alcohol license for the establishment must be submitted to the Department Community Development prior to the sale of alcoholic beverages. 3. Any modification of the State on-premises consumption retail alcohol license for all alcoholic beverages 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. S. If a grease interceptor does not currently exist,the applicant must install a grease interceptor for the proposed use, per the plumbing code. 6. The applicant must contact the City Water and Sewer Department Backflow Prevention Specialist to inspect the existing water meter installation at the building. If it does not already exist,the applicant must place a backflow preventer near the water meter to the building to provide protection of the public water supply. 7. 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. OSBORNE BUU,DING SUP 19473 PAGE 2 OF 3 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 233 East Main. DATED THIS .� s DAY OF 2020. Property Owner Signature Printed Na6e cp Title STATE OF MONTANA •ss County of 4"k_1t4Jy Yl ) On this day of r2i , 2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared (it S e 7Dk_-e- known to me to be the Ovi of a 33 C A-s Jqa-i..,. 5�re� f &vZ e 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. KIRSTEN L SMITH ` ,�_ S�E�• S Notary Public .�• Q T (Printed me) -TAR/j ftir'1he state of Montana Residing at: Notary Public for the State of Montana Manhattan, Montana Residingat �OP,,` My Commission Expires:F August i s,2022 My Commission Expires: �8 a0 X�- (Use four digits for expiration y ar) OSBORNE BUILDING SUP 19473 PAGE 3 OF 3