HomeMy WebLinkAbout23 - Conditions of Approval - I-Ho Pomeroy - 321 W. MAIN STREET 2804802
Page. i of 5 07/07/2023 01:09:46 PM Fee $40.00
Intcr-officc original to: Eric Semerad - Ga 11 atin County, MT
MISS
City of Boyxill'all I
Department ofComaijuniti,DevelopnIcTir
20 1 Olivc Street
d.OND*lTlbi4S]DFA.PPROVA°L:FORA SPECIAL.USE PERMIT'APPLICAT ION.: .
CONDITIONS OF APPROVAL FOR THE
I-HO KORE AN GRILL SPECIAL USE PERMIT
FOR PROPERTY LOCATED AT
321 W. 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
(downtown business); and
WHEREAS, the use is to be located on property that is legally described as Tracy's
1st Add, S12, T02 S, R05 E, Block D, Lot 10 & 11, City of Bozeman, Gallatin County,
Montana-, and
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 2_3)I 11; and
L_
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
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C()hTDI ' QZtl Ql,AP� G)VA ,:I?bR:'s4PBCIAi,iTSE PF.RMI ' ZPPL:[CAi7E1'�T
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
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. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman
Municipal Code Sections 38.230.11.0.1 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.
4. 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.
Special Use Permit Provisions, Bozeman Municipal Code (BMC):
1. In addition to the review criteria of section 38.230.100,the review authority must, in
approving a special use permit, determine favorably that applications meet the review
criteria set forth in subsections 38.230.120.0
2. Section 38.230.120.1) BMC states that the right to a.use and occupancy permit is
contingent upon the fulfillment of all general and special conditions imposed by the
special use permit procedure. All of the conditions constitute restrictions running with
the land use, apply and must be adhered to by the owner of the land, successors or
assigns, are binding upon the owner of the land,their successors or assigns, must be
consented to in writing, and must be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building permits, final
plan approval or commencement of the special use and shall be recorded as such with the
Gallatin County Clerk and Recorder's Office by the property owner prior to the final plan
approval or commencement of the use.
3. Section 38.230.120.E BMC describes the process for term.ination/revocation of a special
use permit approval:
a. Special 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:
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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 38.230.140
b. A special use which has terminated.may be reestablished on a site by either,the
review and approval of a new special 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
special use permit may be renewed on a site then any conditions of approval of the
original conditional use pernii.t are also renewed.
c. if activity begins for which a special. 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.
IrH OR CST: ;"Sl1P 231`i 1 PAS 3iu
.. .
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2804802 Page 4 of 5 07/07/2023 01 .09-46 PM
QNDI` MARROYAO `$PWAkOWPEg C.-A.-ATT-0 Ni
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 321 W. Main Street.
DATED THIS VV\ DAY OF 2023.
Property Owner(s)
Signature
I Ho Pomeroy
Printed Name
Property Owner an Business Owner
10 Q '0W
Title
Property Owner(s)
Signature U
Derik Pomeroy 1 �6
of,& v bA
Printed Name J
Property Owner I C'I
Title
STATE OF MONTANA
:ss
County of tJ1aa_r=AM8e- —)
On this�day of 11 , 2023, before me, the undersigned, a Notary Public for the State
of Montana, pe nally appeared-T.Ho:Do MQJkU and
LL -rip-
P;23
2804802 Page 5 of 5 07/07/2023 01 .09.46 PM
C4NDITIQ -OF A �'I { 1~"Ot 'F I I P E1G21 I`I,A� .]QA.31 :..°. :,.
v k owe-ras , known to me to be the landowners 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 Notarial Seal the
day and year first above written.
4(( name}
qYAA s NOTARY PUBLIC for the Notary Public for the State of Montana
• stare of Montane i
SEAL : Residing at Billings,Montana Residing at ��j1 1 l�+�GS O� _
o{'�ioO;; My Commission
19 2 Expires My Commission Expiresr
(Use four digits for expiratio ar)
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