HomeMy WebLinkAboutApprove reclaiming jurisdiction of the Bar IX Outdoor.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson Bristor, Associate Planner
Tim McHarg, Planning Director
SUBJECT: Request by applicant to reclaim jurisdiction of, and to set a public hearing
date of July 25, 2011 for, an application for a Conditional Use Permit (CUP) and Certificate of
Appropriateness (COA) with Deviations for the property addressed as 307-311 East Main Street.
MEETING DATE: June 27, 2011
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Based on the applicant’s request, Staff recommends that the City
Commission approve the request to reclaiming the final approval of the Bar IX Outdoor Patio
CUP/COA with Deviations application (#Z-11156) and set a public hearing date of July 25,
2011, for formal consideration of the application proposal.
RECOMMENDED MOTION (If the request to reclaim jurisdiction is removed from the
consent agenda): Based upon the justification supplied by the applicant, I move to reclaim
jurisdiction of the Bar IX Outdoor CUP/COA with Deviations application proposed for the
property addressed as 307-311 East Main Street. I further move to set the Bar IX
application’s public hearing date to July 25, 2011.
BACKGROUND: Property owner Fairview Commercial Lending, Inc. and business owner
Chad Yurashak, represented by Springer Group Architects, submitted a CUP/COA with
Deviations application requesting the expansion of alcohol serving area for on-premise
consumption to include an outdoor concrete patio that is located within the Bozeman Creek
required watercourse setback at the property addressed as 307-311 East Main Street. The
requested deviation is from BMC Section 18.42.100, “Watercourse Setback,” to allow the
outdoor patio to be located within the required Bozeman Creek required watercourse setback.
Typically, this application type would be under the review authority of the Board of Adjustment
(BOA), who would hold a public hearing and make a final decision. However, per Section
18.64.010 C.1 of the B.M.C., the City Commission may reclaim to itself the final approval of a
development application normally subject to the approval of the BOA.
The applicant has requested that the City Commission reclaim the review authority for this
application. The applicant’s request is attached.
UNRESOLVED ISSUES: None at this time.
47
ALTERNATIVES: The City Commission may choose to not reclaim jurisdiction of the Bar
IX Outdoor Patio CUP/COA with Deviations application. This would result in the Board of
Adjustment being the review authority and final decision making body for the application.
FISCAL EFFECTS: The standard application fee was received for the CUP/COA with
Deviations application was added to the Department of Planning’s application fee revenue.
Attachments: Applicant’s request for the City Commission to reclaim review authority.
Memo compiled on: June 16, 2011
48
49
50