HomeMy WebLinkAbout12- Condition of Approval for CUP at 1553 North 19th for alcohol 1 ltl'1°-f7F11CC:C71'I t'I81'.(y(li: °
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CONDITIONS OF APPROVAL,FOR A CONDITIONAL USE PERMIT APPLICATION
- SE ERCONDITIONS OF *PPROVAL FOR A CONDITIONAL J N41T FOR
PROPERTY LOCATED AT
1553 NORTH 19 T AVENUE BOZEMAN,MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit from the City of Bozeman to allow the on premise sales and consumption of alcohol
at a premises located at 1553 N, 19t1i Avenue; and
WHEREAS, the use is to be located on property that is legally described as Lot 8A,
Amended Plat of Lots 6 and 8 Stoneridge Square Subdivision, 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 Z-12199; and
WHEREAS,the Conditional Use Permit is subject to the following three conditions of
approval:
1. A copy of the State Revenue Department liquor licenses for all establishments shall be
submitted to the Department of Planning & Community Development prior to the sale of
a]cbholic beverages.
2.The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections
°.19.1 11.1 and 38.34,160 ba„ed = substantial comp la" is 'on the pul1.
ic or from the Police
Department regarding violations of the City of Bozeman's open alcohol container,minor in
possession of alcohol, or any rather applicable law regarding consumption and/or procession of
alcohol.
3,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.
WHEREAS, the Conditional Use Permit is subject to all provisions of the Bozeman
Municipal Code including the provisions listed below:
a. In Accordance with the BMC Section 13.12.322 the Mater/Sewer Superintendent is requiring
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i I
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATIO—N-7
an inspection of your water service to determine whether the water service has backflow
protection and if 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, If the existing device does not provide adequate
protection, the applicant will be required to replace the preventer with a preventer that is
designed to provide adequate protection. Please call the Water Department's Backflow specialist
@ 582-3200 to arrange an inspection of the water service,
b. Section 38,19.1101 BMC states that the right to a conditional use permit shall be contingent
upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit
procedure. All special conditions and code provisions shall 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 corn mencement 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.
c. Section 38,19.110.1. BMC Termination/Revocation of Conditional Use Permit approval:
I. 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 pen-nit will be considered as terminated and of no
further effect if'.
a. After having been commenced,the approved use is not actively
conducted on the site for a period of two continuous calendar
years;
b. Final zoning approval to re-use the property for another principal
or conditional use is granted;
r— The use or development of the site is not begun within the time
limits of the final site plan approval in Section 38,19.130, BMC.
2. 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 axe essentially the same as at
the time of the original approval, A denial of renewal by the Planning Director rnay 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 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 38.34.160,.BMC.
d. Section 38.19,120A states that no later than six months after the date of approval of a
preliminary plan, the applicant shall submit to the planning department a final plan with
accompanying application form and review fee, The final plan application should include a
narrative describing how the conditions of approval and code provisions have been met,
e. Section 3 8.19.160 states that a Building Permit must be obtained prior to the work, and must
OLIVE GARDEN CONDITIONAL USE PERA41T PAGE 2—0—F-31
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
be obtained within one year of Final Plan approval.
f, Section 38.34.100 states that a building permit shall be obtained within one year of final
approval, Or said approval shall beconie null and void. Prior to the lapse of one year,the
applicant may seek an extension of one additional year front the Planning Director.
NOW,THEREFORE, BE IT HEREBY KNOWN,that the above-noted conditions of
approval and code provisions for the Conditional Use Permit shall be binding upon the
undersigned owner of the subject property, and successors or-assigns, as long as the outdoor
seating and associated on premise alcohol consumption use remains on the subject property,
DATED THIS C DAY OF ksw=_Lt�m —2012.
PROPERTY OWNER
mat
Printed Name and Title
STATE OF
County Of
On this_A,4_day of q0yeA,&Jj,- 2012,before ine, the undersigned, a Notary Public for the State
of.L4eRUwa,personally "appeared, 22 C1 C_ klaue" of Cknown to
k&�o--Ke—to be the property owner that exdclited the W- ithirFinstrunient, and ackni!wq1eJg`e`d�'��tomwe that lie
executed the same for and on behalf of said corporation.,
IN WITNESS WHERE-OF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written,
(Seal) (Printed Name i /L b K, SC
I tKIMBERLY J. WOODHOt9SE Notary Public for the State of44en+mw Mo,;,()
NOTARY PUBLIC Residing at S' !2
STATE OF IDAHO My conlini;siFon:�Pxppims;
(Use 4 digits for expiration year)
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