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HomeMy WebLinkAbout24471 Conditional Approval Letter December 20, 2024 Transmitted Via ProjectDox Only Parker Bingham Atlas Towers 2500 30th Street, Suite 304 Boulder, CO 80301 RE: Ice Pond Modification, Application 24-471 Dear Applicant, The Bozeman Department of Community Development is pleased to award approval with conditions and code provisions of your modification application for the project referenced above. The application requests approval for the following modifications to the site located at 205 Haggerty Lane: - Addition of a 70-feet tall wireless cell tower within a 52-feet by 39-feet fenced compound; - All changes as detailed in application #24471. Staff forwarded a recommendation to the Community Development Director who is responsible for the final decision. Pursuant to section 38.230.150, BMC, amendments to approved plans must be reviewed and may be approved by the community development director upon determining that the amended plan is in substantial compliance with the originally approved plan with the following conditions of approval: Conditions 1. The applicant must provide a copy of the recorded 12-feet wide access easement shown on the site plan to the City prior to final modification approval. 2. The applicant must provide a copy of the lease to the City prior to final modification approval. Please be aware that as the applicant you must comply with all provisions of Chapter 38 of the Bozeman Municipal Code that are applicable to this project, including but not limited to the following: Code Provisions 1. BMC 38.100.080 & 38.200.110, the proposed project shall be completed as approved and in this application. Any modifications to the submitted and approved application materials shall invalidate the project's legitimacy, unless the applicant submits the proposed modifications for review and approval by the Department of Community Development prior to undertaking said modifications. The only exception to this law is repair. You have the right to appeal this decision of the Community Development Director pursuant to the provisions of the Bozeman Municipal Code. Please note that this decision is subject to appeal by other aggrieved parties as defined by Sec. 38.700.020 of the Bozeman Municipal Code. Such appeals must be filed pursuant to the provisions of Sec. 38.250.030 of the Bozeman Municipal Code. An appeal must be filed within 10 working days following the date of this decision. If a valid appeal is filed, no further action on the project may proceed until a decision on the appeal is made by the City Commission, and the Community Development Department and Building Division will not be able to approve any building permits or to perform any inspections related to this application. If you have any more questions, or if the Community Development Department can be of further assistance, please do not hesitate to contact me at bminnich@bozeman.net. Sincerely, Bailey Minnich, Development Review Planner Department of Community Development For office use only DATE OF FINAL DECISION ______________________________ DIRECTOR’S SIGNATURE _______________________________