HomeMy WebLinkAbout12- Condition of Approval for a CUP for 2224 Bucks Run Court Intur office otig6nal to:
City o F Bozeman
Department of I'lanning&Cornrntriitt•Duvelopti7crit
20 1�'Ias t()live Street
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT FOR
2224 BUCKS RUN COURT, BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit from the City of Bozeman to allow an Accessory Dwelling Unit to be located above
the garage at 2224 Bucks Run Court; and
WHEREAS, the use is to be located on property that is legally described as Lot 8,
pd Headlands Subdivision, Section 32,TO I S, R06 E, Acres 0.516, PLAT J-346, City of Bozeman,
Gallatin County, Montana; and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Planning and Community Development's zoning application 4Z-12179; and
WHEREAS,the Conditional Use Permit is subject to the following conditions of
approval and code provisions:
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Conditions:
U-
PLANNING
I. Parking for the ADU provided by the garage stall beneath the ADU deck area shall be
M maintained for exclusive use of the accessory dwelling unit.
ID 2. The ADU shall not be expanded without being subject to applicable CUP provisions
N 0 established in Chapter 38.19, BMC
3. Upon submitting the Final Site Plan for approval by the Planning Director, and prior to
the issuance of a building permit, the applicant will also submit a written narrative
1.4%.r,, outlining how each of the above conditions of approval and code provisions have been
satisfied or met.
4. Trees shall not be planted within 10 feet of any water or sewer service line.
Code Provisions:
A. Section 38.19.110.F, In addition to all other conditions, the following general
requirements apply to every conditional use permit granted:
Engstrom Accessog Dwellia Unit CUP PAGE
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATI
l. That the right toouse and occupancy pert-nit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2' That all of the conditions shall constitute restrictions running with the land use, shall
apply and be adhered to by the owner of the land, successors or assigns, shall be binding
upon the owner of the land, his successors or assigns, shall be consented to in writing, and
shall be recorded om such with the county clerk and recorder's office by the property
owner prior tothe issuance mfany building permits, final plan approval ur
commencement o[the conditional use.
B. Section 30-l9,X10. K, Tenminodom/8ovoculk/a»f Conditional Use Permit approval.
l. Conditional use permits are approved based on an analysis of current local circurnstances
and regulatory requirements. Over time these things may change and the use may oo
longer be appropriate to u |000&ioo. A conditional use permnitvvi|\ be considered as
terminated and ofon further effect lf-
u. After having been commenced, the approved use is not actively conducted on
the site for m period mf two continuous calendar years;
b. Final zoning approval to reuse the property for another principal orconditional
use is granted;
c. The use or development of the site is not begun within the time limits of the
fioulplan approval in Section 19.38.130, BMC.
Z. /Lconditional use which has terminated may be reestablished on 4 site by either
the nuviovv and approval nfmnew conditional use permit application, Vrxdetermination
by the Planning Director that the local circumstances and regulatory requirements are
essentially the same unu1 the time nf the original approval. /\ denial of renewal hythe
P\oouiog 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.
3. If activity begins for which uuonditinma| 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 im Section 38.34.l60^ 8MC.
C. Section 38.19.120,Final Plan, states that no later than six months after the date of
approval of preliminary plan, the applicant mbu|} submit Lothe Planning Department u
final plan with accompanying application form and review fee. The number of copies of
the fiuV| plan twbe submitted shall he established 6v the Planning Director. The final plan
shall contain the materials required in 98.4l.V0Ound3O.7l.090BMC and whatever
revisions to the preliminary site plan or master site p|mm are required to comply with any
conditions of approval. Prior to the passage of six months,the applicant may seek an
extension m[not more than an additional six months from the Planning Director. In
addition the owner shall submit a certification of completion and compliance stating that
they understand any conditions of approval and the submitted final plans have complied
with any conditions of approval or corrections to comply with code provisions.
Engstrom Accessory Dwell inE Unit CUP PAG
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
O. Section 38.22.030.A.1 The detached dwelling unit within which the accessory dwelling
unit is located, or the accessory dwelling unit itse\f, is actually and physically 000mpiuJ as
a principal residence by at least one owner nfrecord who possesses at least an estate for
life nra50 percent fee simple ownership interest. No more than one of the dwellings,
either the principal dwelling or the accessory dwelling, may be rented by non-owners at
the same t[nnc. The city may require n guarantee Vf compliance with the requirements of
this sec1lno` including but not limited to a binding deed restriction or covenant enforcing
the single rental restriction uaallowed in section ]8.39.08O.D, asacondition of approval-,
B. Section 38.22.030.A.3 states the occupancy of the accessory dwelling unit shall not
exceed two persons.
F. Section 30.23,I58XrC' /g/ngSvmciflco/iom/ /brAll Lighting, states that io all light
fixtures, the light source and associated lenses shall not protrude below the edge of the
light fixture, and shall not be visible from adjacent streets mrproperties. For lighting
bodzmuiu1 areas souhnoomodvvays, sidewalks, entrances and parking areas, fixtures shall
noeeiTEGN/\ "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral
angle around the fimJurt).
G. Section 38.26.100 A.Landscaping General Maintenance states required landscaping
must be maintained in uhcmKtby, growing condition at ml| drnem. The property owner is
responsible for regular weeding, mowing n[grass, irrigating, fertilizing, pruning and
other maintenance o[all plantings uyneeded. Failure to maintain required landscaping in
uheaN6y growing condition at all times rnay result in revocation of an occupancy permit.
When enforcing this provision of this chapter, external factors such as seasonality and
availability of landscape stock shall be considered before any action to revoke an
occupancy permit istaken.
H. Section 30.34.100 states that u building pcmui\ abaY) be obtained w[1bln one year of
approval, or said approval oboi\ hocnnnc null and void. Prior to the |upmc of one year, the
applicant may seek an extension of one additional year from the Planning Director.
1. Section 38.34.1I0 states that no permit or license xba}{ be issued unless the use`
arrangement and construction has been set forth in such approved plans and applications.
Conditions and Code Provisions from other DRCmembers:
J. Appropriate fire separation bntn'ecm the principal dwelling and the ADD is required.
Contact the Building Division at 502-2375 for current requirements
Water and Sewer
K. Section 40,02.750 Protective Devices, In Accordance with the 0K4C Section 40.02.750
Engstrom Accessoa Dwelling Unit CUP PAGET�M
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
the Water/Sewer Superintendent iareqmiring an inspection ofyour water service to
determine whether the water service has buukflovv protection and i[such protection is
installed that the device is appropriate for the level of use for the facility, If the service
has been found without backflow protection the applicant will have a preventer and
expansion tank installed. lfthe existing device does not provide adequate protection, the
applicant will be required in replace the prcvcutc[wi{b up,cvemLerthat is designed to
provide adequate protection.
NOW, THEREFORE, B2II][ HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Conditional Use Permit mbulU be binding upon the
undersigned owner of the subject property, and successors or assigns, as long as the accessory
dwelling unit use remains omibesobjestproperty.
DATED THIS DAYOF ,2012.
PROPERTY OWNER
Signatur
Printed Name
yLn�
STATE 8P �rvi��� )
ox
County of O: )
On this 174 of Notary Public for the State
pc�oou�� mppemeg known to me to be the
property owners that executed the within iaotrumolL.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed nmy lqotmiu| Sc^[ the day and
year first above written.
Luis Antonio Gaona
Notary Public
(Seal) (Printed Y4umeHere)
Residing at: -of
Notary Public for the State
My Commission Expires: Residing at
My Commission pires:-,W.
October 26,2015
(Use 4 digits for expiration year)