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Home My WebLink About15- Campbell Triplex Conditions of Approval Inter-office original to: City of Bozeman Department of Community Development 20 East Olive Street 2512278 Page: 1 of 4 05/26/2015 12:58:41 PM Fee: $28.00 Charlotte Milis —Gallatin County, MT MISC IIIIIIIIIIII��IIII I111111 IN11111111111,11111111111111111111111111111111111 PLATTED CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION CAMPBELL TRIPLEX CONDITIONAL USE PERMIT AND CERTIFICATE OF APPROPRIATENESS FOR PROPERTY LOCATED AT 1015 SOUTH GRAND AVENUE,BOZEMAN,MONTANA WHEREAS,the undersigned property owner acknowledges the receipt of a conditional use permit and certificate of appropriateness application proposing to allow a two-story addition, uncovered deck and entryway enclosure to the rear of the existing building located at 1015 South Grand Avenue.; and WHEREAS,The Conditional Use Permit is required because of an expansion greater than 20 percent of a lawful,nonconforming residential use. Section 38.32.020.B,BMC, "Changes to or expansions of nonconforming uses,"is the specific part of the Bozeman Municipal Code that addresses the allowable expansions of lawful,nonconforming residential uses;and WHEREAS,the use is to be located on property that is legally described as Lots 8-10, Block 10,Butte Addition, City of Bozeman,Gallatin County,Montana; and WHEREAS,the use is to be located on property that is legally zoned as Residential Single-Household,Low Density(R-1)zoning district; and WHEREAS,the property is also located within the Bon Ton Historic District and the Neighborhood Conservation Overlay District; and WHEREAS,the Conditional Use Permit(CUP)is contained within the City of Bozeman Department of Community Development's zoning application no.Z 15095;and WHEREAS,the Conditional Use Permit is required for a two-story addition,uncovered deck and entryway enclosure to the rear of the existing building located at 1015 South Grand Avenue.The total residential square footage of the existing building is 3,349 square feet,which would allow for a 669.8-square foot expansion without the need of a CUP and City Commission review, Z15095 CUP approval is for an 838.5-square foot,or 25 percent, expansion of the existing total residential area.The CUP is an allowable option for the proposed expansion at CAWOELL TRIPLEX EXPANSION CUP Z15095 TAG CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION 1015 South Grand Avenue because the number of dwelling units on the lot is not increased with the expansion; and WHEREAS,the Conditional Use Permit application is subject to the following conditions of approval and code provisions: RECOMMENDED CONDITIONS OF APPROVAL Community Development Conditions, 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 other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 1 Any future expansion of this lawful,nonconforming residential use shall require additional review by the Department of Community Development. The review procedures will be determined by what is in place within the Bozeman Municipal Code at the time of the proposed further expansion. CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS a. Section 13.12.322 BMC the Water/Sewer Superintendent is requiring 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 at 582-3200 to arrange an inspection of the water service. b. Section 38.19.110.E 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 commencement 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 38,1%110,1 BMC describes the process for termination/revocation of a conditional use permit approval., 1. 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 permit will be considered as terminated and of no further effect i£ a. After having been commenced,the approved use is not actively conducted on the site for a period of two continuous calendar years; CAWBELL TRIPLEX EXPANSION CUP Z15095 PAGE 2 OF CONDITIONS OF APPROVAL FOR ACONDITIONAL USE PERmrr APPLICATION b, Final zoning approval to reuse the property for another principal or conditional use is granted; cs The use or development of the site is not begun within the time limits of the final site plan approval in 38,19.120 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 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 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. d. Section 38.21.150.E states mechanical equipment must be-screened if proposed in affiliation with the proposed use. e. Section 38.23.150.D.7.b that all outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. 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 use remains at the property addressed at 1015 South Grand Avenue. DATED THIS DAY OF 20 l5 GAWBELL TRIPLEX EXPANSION CUP Z15095 PAGE 3 OF 4 I CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION Y PERTY OWNER T Signature 1-2 1-7 —7 Printed Name STATE OF MONTANA :ss County of C� } Onthis4lp day of—Ma±,4—' 2015, before me, the undersigned, a Notary Public for the State of Montana; personally appeared_ known to me to be the Of ,the property owner that executed the within instrument. IN WITNESS WHEREOF;I have hereunto set my hand and ffixed my Notarial Seal the day and year first above written. ' ) NptNt'+l rUKIC fa ow inted name • SEAL + ago p d otary Public or the State of Montana My CwWommon lb9pok« esiding at . 'vaoC- « Moth 28.2017 y Commission xpires: c�kMap- (Usee four digits for expiration year) i CAWBELL TRIPLEX EXPANSION CUP Z15095 PAGE 4 Or 4