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HomeMy WebLinkAbout15- 624 South Willson Vacation Home Conditional Use Permit Application 15380CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net September 29, 2015 Robert & Amanda Harris 122 Rosemary Avenue San Antonio, TX 78209 RE: 624 South Willson Vacation Home Conditional Use Permit Application 15380 Dear Mr. & Ms. Harris, On September 28, 2015, the City Commission preliminarily approved your Conditional Use Permit to allow a single household residence to be operated as a vacation home (classified as "Extended Stay Lodging" in the R-1 Zoning District), which would permit the residence to be rented for less than 30 days at a time on property located at 624 South Willson Avenue, Bozeman, MT. The decision on the application was based on the fact that, with conditions and code provisions, the proposal complies with the requirements of Chapter 38 of the Bozeman Municipal Code, will not be detrimental to the health, safety, or welfare of the community, and is in harmony with the purpose and intent of the Bozeman Community Plan. A complete and signed final plan application and supporting materials must be submitted to the Department of Community Development within six months of the Commission's preliminary decision, or by March 28, 2016. The submittal must be accompanied by a written narrative explaining how all of the recommended conditions of approval and code provisions approved by the City Commission (and included in the staff report) have been addressed. If the final plan cannot be submitted within the six-month period as previously referenced, a six month extension may be granted by the Director of Community Development. The conditions of approval and code provisions approved by the City Commission are as follows: 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 other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The maximum number of guests shall not exceed 12 per night. 3. All outdoor activities shall cease by 10 p.m. 4. There shall be no outdoor sleeping, campers or tents permitted on the property at any time. 5. The owner shall assure that the occupants and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any provisions of this Conditional Use Permit or state or local laws by notifying occupants of the rules regarding this rental and responding when notified that occupants are violating any laws or rules regarding their occupancy. It is not intended that the owner, local agent, or contact person act as a peace officer or place himself or herself in harm's way. Development Review Division Policy and Planning Division Building Division 6. The owner or agent of the owner shall mail to the party signing any rental agreement or reserving the property a copy of all the vacation home rental rules and regulations, including the above conditions, within ten (10) days of reserving the property. Any rental agreement shall include a written acknowledgment by the renters of compliance with said rules and conditions. The owner or agent shall also prominently display all the rules and regulations within the unit or on/adjacent to the interior of the front door. This information shall also include the following: a. The name of the property management company, agent, local contact person, or owner of the property, and a telephone number at which that party may be reached on a 24-hour basis. b. The trash pick-up day and notification of all rules and regulations regarding trash removal. c. The rules, requirements or provisions for seasonal snow removal. 7. The Conditional Use Permit 15380, and operation of the Extended Stay Lodging Facility, shall be terminated upon the sale of the property to a different owner. 8. A review of the Conditional Use Permit 15380 by City of Bozeman Planning Division staff shall be performed in two years from the permit's approval date and a written report shall be provided to the City Commission. 9 That the appl.cant u -on submitting the final plan for approval by the Community Development Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the conditions of approval and code provisions have been satisfied. Code Provisions Requiring Corrections: A. Section 38.19.110.17 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. Staff will draft the document that must be recorded at the Gallatin County courthouse. A copy of this recorded document must be submitted with the final plan application. B. Per Section 40.02.750 BMC "Protective Devices", 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 582-3203 to arrange an inspection of the water service. This City Commission project decision may be appealed by filing a petition with a court of record, within 30 days after the date of approval, by following the procedures of Section 38.35.080.13, BMC and Montana Code Annotated Section 76-2-327. Page 2 A copy of the CUP document that needs to be signed, notarized and recorded at the Gallatin County Clerk and Recorder's office is enclosed. If you have any questions, or if the Department of Community Development can be of further assistance, please do not hesitate to contact me at 406-582-2297. Thank you for your participation in the review process. pec' u"y, leather Davis, AICP Associate Planner Encl: CUP Recorded Document CC: City Clerk's Office Page 3 I nn ---, : :-.-- - - -, :1 - , --------------- ------ ........................ ...... .................... % % ............. ....... % .. . . . . . . . . . . . . . . . . ............. ................ - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------------------- ..................................