HomeMy WebLinkAbout21- Conditions of Approval - CUP for Burkle Detar Addition Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
PLATTED
2734915
Page: 1 of 3 05/21/2021 01:40:06 PM Fee $21.00
Eric Semerad - Gallatin County, MT MISC
11111111111111 III 1111 IIIIII IN 11111111111111111111111111 III 111111111111111111
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR A CONDITONAL USE PERMIT
FOR THE BURKLE DETAR ADDITION
312 NORTH GRAND AVENUE,BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow for an expansion of a legal non-conforming residential use by more than 20
percent within the B-3 zoning district(Downtown Business District); and
WHEREAS, the expansion is to be located on property that is legally described as
Bealls 3rd Addition, S07, T02 S, R06 E, Block 4, Lots 17 - 18, Acres 0.15, City of
Bozeman, Gallatin County, Montana; and
WHEREAS, the expansion is to be located on property that is legally zoned as B-3
(Downtown Business District)zoning district; and
WHEREAS, the Conditional Use Permit(CUP) is contained within the City of Bozeman
Department of Community Development's zoning application 21085; and
WHEREAS, the Conditional Use Permit is required for the expansion of a legal non-
conforming residential use as required by the Bozeman Municipal Code; and
WHEREAS, the Conditional Use Permit was approved by the City Commission on May
18, 2021; 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
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.
BURKLE DETAR ADDITION CONDITIONAL USE PERMIT#21085 PAGE 1 OF 3
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Conditional Use Permit Provisions Bozeman Municipal Code(BMC)
1) Section 38.230.110.F 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 i£
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
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
BURKLE DETAR ADDITION CONDITIONAL USE PERMIT 421085 PAGE 2 OF 3
CONDITIONS OF APPROVAL FORA CONDITIONAL USE PERMIT APPLICATION
NOW, THEREFORE,BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Conditional Use Permit sliall 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 312 North Grand Avenue.
DATED THIS '2A DAY OF ��/ , 2021.
LANDOWNER
[Name of Corporation or Entity]
By: L,ayfa 'BCtwk1e_
Title: )u K j u ` YN e'
STATE OF Mw (1• )
:ss
COUNTY OF(9t iv% )
On this ( day of tfl 0'(-� , 2021, before me, the undersigned, a Notary
Public for the State of j/��� M;, , personally appeared
known to me to be the landowner that executed the within
instrument, and acknowledged to me that they executed the same for and on behalf of landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
Christopher E Pruden
::
`p?`' NOTARY PUBLIC for the (Printed Name Here)
H°'AR'^ STATE OF MONTANA
SEAL Residing at Bozeman Montana Notary Public for the State of
My Commission Expires
zo2a Residing at ^'
„Vo•µ�„wo,' August 27
My Commission Expires:
(Use 4 digits for expiration ye r)
BURKLE DETAR ADDITION CONDITIONAL USE PERMIT#21085 PAGE 3 OF 3