HomeMy WebLinkAboutA2. Taco del Sol AlcoholStaff Report 15527 Taco del Sol On-Premise Consumption CUP Page 1 of 15
15527 Staff Report for the Taco del Sol On-Premise Consumption of Alcohol
Conditional Use Permit
Date: City Commission Public Hearing January 11, 2016
Project Description: A Conditional Use Permit (CUP) application to allow the sales of
alcohol for on-premise consumption in an existing permitted restaurant.
Project Location: 35 West Main Street. The property is zoned B-3, Central Business
District and is legally described as Hathhorn Condo, Lots 10-13, East 3 feet of Lot 13,
Block A, Tracy’s First Addition, Section 7, Township 2S, Range 6E, City of Bozeman,
Gallatin County, Montana.
Recommendation: Approval with conditions.
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the staff
report for application 15527 and move to approve the Taco del Sol On-Premise Consumption of
Alcohol Conditional Use Permit with conditions and subject to all applicable code provisions.”
Report Date: Tuesday, December 29, 2015
Staff Contact: Mitch WerBell, Assistant Planner
Agenda Item Type: Action (Quasi Judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no unresolved issues with this application.
Project Summary
A Conditional Use Permit (CUP) application was submitted to the Department of
Community Development for a building tenant space addressed as 35 West Main Street. The
CUP application is requesting permission for the sales of alcohol for on-premise
consumption through a restaurant beer and wine license. A previously approved restaurant, Taco del Sol, is operating in the tenant space. The sales of alcohol for on-premise consumption is a conditional use in the B-3, Central Business District.
No deviations or variances are requested with this application.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable CUP criteria contained within the staff report;
4. Open and continue the public hearing on the application, with specific direction to Staff
or the applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 1
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDED CONDITIONS OF APPROVAL ...................................... 8
SECTION 3 - CONDITIONAL USE PERMIT PROVISIONS OF THE BMC ...................... 8
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 9
SECTION 5 - STAFF ANALYSIS........................................................................................... 9
Applicable Plan Review Criteria, Section 38.19.100, BMC. .............................................. 9
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC .............. 11
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY............................... 14
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.............. 14
APPENDIX C – NOTICING AND PUBLIC COMMENT ................................................... 15
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ........................... 15
FISCAL EFFECTS ................................................................................................................. 15
ATTACHMENTS ................................................................................................................... 15
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SECTION 1 - MAP SERIES
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35 West Main Street, December 2015
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SECTION 2 - RECOMMENDED 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. A copy of the State Revenue Department alcohol license for the establishment shall be
submitted to the Department of Community Development prior to the sale of alcoholic
beverages.
3. The right to serve alcohol to patrons is revocable according to the provisions in Bozeman Municipal Code Sections 38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of
Bozeman’s open alcohol container, minor in possession of alcohol, or any other
applicable law regarding consumption and/or procession of alcohol.
4. 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.
5. The applicant shall submit a written narrative outlining how each of the conditions of
approval and code provisions has been satisfied with the final plan application.
SECTION 3 – CONDITIONAL USE PERMIT PROVISIONS OF THE BMC
A. Section 38.19.110.F 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. This is a required final step in the CUP process. The City
will provide you with the document to record.
B. Section 38.19.110.I 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 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 reuse the property for another principal or conditional
use is granted;
c. 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
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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
SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS
Project Name: 15527 Taco del Sol On-Premise Consumption of Alcohol CUP
The Development Review Committee (DRC) considered the Conditional Use Permit application
to allow the sales of alcohol for on-premise consumption in the building tenant space addressed
as 35 West Main Street. The DRC recommended conditional approval at their December 16, 2015 meeting.
The City Commission is scheduled to hold a public hearing and review the application at their
January 11, 2016 meeting.
SECTION 5 - STAFF ANALYSIS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
Applicable Plan Review Criteria, Section 38.19.100, BMC.
In considering applications for plan approval under this chapter, the review authority and
advisory bodies shall consider the following criteria.
1. Conformance to and consistency with the City’s adopted growth policy
The Future Land Use designation is “Community Core” in the Bozeman Community Plan.
No conflicts with the goals and objectives of the Bozeman Community Plan have been
identified. This use is permitted within the B-3, Central Business District with the approval
of a Conditional Use Permit.
For more detailed information on the growth policy designation please see Appendix A.
2. Conformance to this chapter, including the cessation of any current violations
The project will conform to the Bozeman Municipal Code. There are no known documented
violations with the BMC for the property.
3. Conformance with all other applicable laws, ordinances, and regulations
The plans were evaluated against the requirements of the International Building Code at the
time a building permit application was made for the interior changes associated with the Taco
del Sol tenant improvements. Conditions of approval address coordination with other
regulating agencies.
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4. Relationship of site plan elements to conditions both on and off the property
Not applicable. No changes to the existing building are proposed. The restaurant use is
compatible with and sensitive to the adjacent mix of uses and approved development relative
to access, parking, circulation, and accessibility.
5. The impact of the proposal on the existing and anticipated traffic and parking conditions
Traffic and parking conditions will not be affected by this proposal. Restaurants, cafes, bars
and similar uses collectively require the same amount of parking at one space per 50 square
feet of serving area. There has been no change in use for the building tenant space at 35 West Main. The commercial tenant improvements for Taco del Sol were captured through building permit review. Parking requirements will not be altered with approval of a Condtional Use
Permit for the sales and on-premise consumption of alcohol in the previously approved
restaurant space.
6. Pedestrian and vehicular ingress and egress
Pedestrian access is provided from the street frontage pedestrian sidewalk on West Main Street. Ingress and egress is also provided via an exit on the rear of the building tenant space.
The rear exit and adjacent parking lot is accessed from an alleyway to the north of the
building.
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation
Not applicable. This is an existing conforming site.
8. Open space
Not applicable. No residential uses are proposed with the application.
9. Building location and height
Not applicable. No changes to the existing building are proposed.
10. Setbacks
Not applicable. No changes to the existing building are proposed. This is an existing
conforming site.
11. Lighting
Not applicable. The applicant is aware that any future lighting shall be in conformance with
the BMC.
12. Provisions for utilities, including efficient public services and facilities
There are existing utilities servicing the building. No changes to the water and sewer connections or private utilities are proposed with this application.
13. Site surface drainage
Not applicable. No changes to site are proposed that will impact existing drainage to
perimeter streets.
14. Loading and unloading areas
Not applicable. No specific loading area proposed.
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15. Grading
Not applicable. No changes to the existing site are proposed.
16. Signage
No signage proposed with this application. Existing signage was reviewed and approved by the Department of Community Development. The applicant is aware of the requirement of a
sign permit with a Certificate of Appropriateness when any new signage is proposed for the
building.
17. Screening
No mechical equipment proposed with this application. Any future changes to mechanical equipment and required screening will require a Certificate of Appropriateness application.
18. Overlay district provisions
The property is located in the Neighborhood Conservation Overlay District and the Main
Street Historic District, but no changes requiring a Certificate of Appropriateness are
proposed within this CUP application.
19. Other related matters, including relevant comment from affected parties
No public comment was received in regards to this project as of the writing of this report. If
public comment is received prior to the City Commission public hearing, it will be forwarded
to the City Commission members.
20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either:
Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming
or
The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming.
Not applicable.
21. Compliance with article 8 of chapter 10 of the Bozeman Municipal Code.
Not applicable.
22. Phasing of development
Not applicable.
Applicable Conditional Use Permit Review Criteria, Section 38.19.110, BMC
E. In addition to the review criteria of Section 38.19.100, the review authority shall, in
approving a conditional use permit, determine favorably as follows:
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1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properly relate such use with the land and uses in the vicinity;
The building tenant space at 35 West Main is located within a diverse downtown historic district. A blend of uses occur in the immediate vicinity including restaurant, office,
residential and retail. There is a range of commercial establishments with alcohol licenses in
close proximity to this building including a brewery, distillery, and restaurants with both beer
and wine and all-beverage licenses. See the alcohol license map in the map series of this
report. Recommended Condition 2 requires a copy of the State Revenue Department alcohol license prior to serving.
The site is an existing restaurant tenant space within a multitenant building. The proposed
area for sales of alcohol for on-premise consumption in the tenant space is the same as the
existing restaurant serving area and is contained entirely within the building. No outdoor
seating or service area is proposed.
The subject property is bounded by a parking lot and alleyway on the north, a future restaurant to the east, and an existing restaurant located to the west. The building is primarily
accessed by pedestrian travel from the sidewalk adjacent to West Main Street.
Staff finds the site adequate in size and topography to accommodate the sales of alcohol for
on-premise consumption in an existing restaurant at 35 West Main Street.
2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof;
With the Community Development recommended conditions of approval and required code
provisions the application complies with the Unified Development Code. Specifically, staff included Condition 3 allowing the City of Bozeman to revoke the right to serve alcohol to
patrons based on substantial complaints from the public or from the Police Department
regarding violations of the City of Bozeman’s open alcohol container, minor in possession of
alcohol, or any other applicable law regarding consumption and/or procession of alcohol.
There is adequate parking, pedestrian access and municipal service to serve the proposed use.
Staff finds the sales of alcohol for on-premise consumption will have no material adverse
effect upon abutting properties.
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3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate
bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the city in an orderly
and efficient manner.
Staff has identified, through the review process, recommended project conditions that are
included to protect the public health, safety, and general welfare. Please see the
recommended conditions of approval and findings within this report. Several of these are
standard conditions of approval that the City has consistently applied to alcohol serving
establishments and conditional use permits.
F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted:
1. That the right to a use and occupancy permit 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 as such with the county clerk and recorder's office by the
property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use.
The necessary recording of documents will be addressed as part of the final plan process and
will be required prior to approval of the final plan. Code Provision A is cited in Section 3 of
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this report related to Conditional Use Permit approval. A document to be recorded will be
provided by the City following preliminary approval.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses: The subject property is zoned as B-3, Central Business District. The intent of the B-3 district is “to provide a central area for the community's business, government service and cultural activities. Uses within this district should be appropriate to such
a focal center with inappropriate uses being excluded. Room should be provided in appropriate
areas for logical and planned expansion of the present district. It is the intent of this district to
encourage high volume, pedestrian-oriented uses in ground floor space in the "core area" of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional
offices may locate on ground floor space in the B-3 area outside the above-defined core.”
Adopted Growth Policy Designation: The subject property is designated as Community Core
in the Bozeman Community Plan. The plan states “The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential
government services, places of public assembly, and open spaces provide the civic and social
core of town. Residential development on upper floors is well established. New residential uses
should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high
with a Floor Area Ratio well over 1. Future development should continue to be intense while
providing areas of transition to adjacent areas and preserving the historic character of Main
Street.” APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Application 15527 was submitted to the Department of Community Development requesting a
Conditional Use Permit for the building tenant space at 35 West Main Street. The CUP
application is requesting permission for the sales of alcohol for on-premise consumption through
a restaurant beer and wine license. A previously approved restaurant, Taco del Sol, is operating
in the tenant space. The sales of alcohol for on-premise consumption is a conditional use in the B-3, Central Business zoning district. The subject property is located near the northeast corner of
the intersection of West Main Street and Willson Avenue.
No exterior changes to the site or building are proposed. No deviations or variances are requested
with this application. The applicant intends to serve alcohol in the existing permitted restaurant
seating area as shown on the site plan. A secure area is provided in the basement for the alcohol storage which is a requirement of the State of Montana.
At their December 16, 2015 meeting, the Development Review Committee voted unanimously to
recommend approval of the CUP application with the recommended conditions identified in this
report.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Noticing was provided pursuant to Section 38.40.030, BMC. Notice was sent to property owners
within 200 feet of the exterior boundaries of the property via USPS first class mail at least 15 and
not more than 45 days prior to the expected decision by the City Commission. Notice was
published in the Bozeman Daily Chronicle on December 20 & December 27, 2015. Notice was
posted on site on December 10, 2015.
No public comment was received in regards to this project. If public comment is received prior
to the City Commission public hearing, it will be forwarded to the City Commission members.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Marley McKenna, MCMW LLC, 1222 South Willson Avenue, Bozeman, MT
59715
Applicant: Bridger del Sol Corporation, 35 W. Main Street, Bozeman, MT 59715
Representative: Marley McKenna, 1222 South Willson Avenue, Bozeman, MT 59715
Report By: Mitch WerBell, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this application.
ATTACHMENTS
The full application and file of record can be viewed at the Bozeman Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Applicant’s submittal materials
110
111
112
113
114
115
feetkm 40001
35 W Main St.Bozeman, MT 59715
DATE: 11/2/15
35 W Main St.Bozeman, MT 59715
Hatthorn BuildingUnit # 2
Taco del Sol
Taco del Sol 1/2 Mile Radius
1/2 Mile Vacinity Map
City of BozemanCUP Application
116
117
118
119
FD
DN
22' - 8"
8' - 7"8' - 7"8' - 0"2' - 8"78' - 9 7/8"22' - 5"11' - 6"
11' - 9"13' - 0"4' - 0"
60 SF
ADA Restroom
5
20 SF
Mop Closet
4
45 SF
Hall
6
59 SF
Prep Kitchen
7
Boiler Room-for entire Hathhorn Building-not part of 35 W Main St.
3' - 6"
Fixed Bench Seating
-secured to East Wall
Trash/Recycling Station
Soda Station
Coffee Station
"Family Style"
Fixed Seating
-secured to floor
3' - 0"
Occupancy Sign
- Max. Occupancy of 48
- posted on wall
3' - 6"
4' - 0"
Stairs with Handrail
- handrail to comply with 2012 IBC Sec. 1012
Alley Access/Parking
3' - 0"10' - 9"23' - 0"14' - 9"17' - 1"37' - 9"18' - 8 3/4"11' - 4"3' - 0"2' - 0"376 SF
Kitchen
8
947 SF
Seating Area
3 1' - 4"6' - 0"11' - 4"1' - 9"7' - 9"EXIT
Salsa Station
Non-Alcoholic
Beverage Cooler
Back Loading Dock
EXIT
Bar
Preparation
Area
Service Bar
P.O.S
Register
Main Street
Sidewalk
Curb
Alcohol
Beverage
Cooler
Alcoholic
Beverage Storage
located in Basement
Serving
Site/Floor Area Plan
35 W. Main St.
Hathhorn Building
Bozeman, MT 59715
Gross Floor Area = 1818sqft
Usable Floor Area = 1507sqft
Total Occupancy = 48
Taco del Sol
Date: 11/2/15
Prepared for:
Taco del Sol & MCMW LLC
City of Bozeman
Beer/Wine CUP
Date: 11/2/15
Prepared By:
Revolve Design Build, LLC
406.589.5351
revolvedb@gmail.com
N
Adjacent Space
33 W. Main St.
*shared common wall*
Adjacent Space
37 W. Main St.
*shared common wall*
35 W. Main St. Owner Info:
MCMW LLC
Marley McKenna
1222 S Willson Ave
Bozeman, MT 59715
email: mmckenna@tacodelsol.com
cell: (406) 5444-9004
0'4'8'16'32'
120
121
35 W Main St.Bozeman, MT 59715
Taco del Sol35 W Main St.Bozeman, MT 59715
Neighboring Properties- within 200ft radius- please see attached list for property owner names and addresses
200ft Radius
Hatthorn BuildingUnit # 2
===
Taco del Sol City of BozemanCUP Application
N1 Noticing Materials
200ft Radius MapAdjacent Properties
MAIN ST.WILLSON AVE.TRACY AVE.DATE: 11/2/15
122
Taco
del
Sol
35
W
Main
St,
Bozeman,
MT
59715
Hathhorn
Building
Unit
#
2
CUP
Application
Revision
N1
Noticing
Material
200ft
Radius
Adjacent
Properties
Owners
Names
+
Addresses
Bisl
Restaurant33
W
Main
St
Bozeman,
MT
59715
Bob Fletcher, 43 W. Main St. Bozeman MT, 59715
Allen Freivalds Family Trust 81-937
Makahiki Ln. Captain Cook HI, 96704
Jennifer & Gregg Perry 124 Hitching Post Rd. Bozeman MT, 59715
Bruce A. Rinnert Trust PO Box 7 MCleod MT, 59052
Jonna Stiles Kurucz 5 Holman Ln. Old Greenwich CT, 06870
Woodcock Family Trust 2355 Virginia St. Berkeley CA, 94709
Curotto Kathleen 652 N. New Ballas Rd. Saint Louis MO, 63141
Albertina Edelblut 708 Dry Gulch Townsend MT, 59644
Elizabeth Sennett 1285 Cabrillo Ave. Burlingame CA, 94010
Joyce & Douglas Miller 1002 Zachariah Ln. Bozeman MT, 59718
Mary Bartlo 3300 E. Graf St. Unit 32 Bozeman MT, 59715
Etxea Hospitality LLC PO Box 370 Buffalo WY, 82834
Wake Up Inc. 1019 E. Griffin Dr. Bozeman MT, 59715
123
Fives the Most LLC PO Box 6429 Bozeman MT, 59771
Montana Theatreworks Inc. PO Box 28 Bozeman MT, 59771
Southside Property LLC PO Box 1 Bozeman MT, 59771
One West Main LLC 1 W. Main St. Bozeman MT, 59715
Grubb & Ellis ATTN Jesse Asher PO Box 10250 Bozeman MT, 59719
High Country Mall LLC PO Box 127 Harrison MT, 59735
Baxter Main LLC 105 W. Main St. Bozeman MT, 59715
Stephanie Schriock 3225 Valley Dr. Alexandria VA, 22302
Carrie & Geoffrey Angel 622 W. Babcock St. Bozeman MT, 59715
Pamela & Gregory Harris 16430 Brackett Creek Rd. Bozeman MT, 59715
42 W. Main LLC c/o Karen Basile 41 Hitching Post Rd. Unit C Bozeman MT, 59715
Hamiton Property Management LLC 7540 Mystic Heights Dr. Bozeman MT, 59715
Charles L. Brooks 1860 N. Atlantic Ave. apt. B103 Cocoa Beach FL, 32931
Steven C. Vanantwep 414 N. 15th Ave. Bozeman MT, 59715
A&L McBridge Properties LLC 22 W. Main St. Bozeman MT, 59715
Camille Kostelecky Trustee 4-1435 Kuhio Hwy STE 101 Kapaa HI, 96746
Pony Creek Partners LLC 108 S. Main St. Livingston MT, 59047
CGS Group LTD c/o Schness Inc. PO Box 6069 Bozeman MT, 59771
Ian Gordon Harrison 2/343 Edgecliff Rd. Edgecliff NSW
Arthur John Thompson 22005 6th Ave. S Apt 308 Des Moines WA, 98198
124