HomeMy WebLinkAbout16- Un-Knotted Extended Stay Conditional Use Permit for 708 North Rouse Avenue Inter-office original to:
City of Bozeman Clerk's Office
121 N.Rouse Avenue
Bozeman.MT 59715 2535215
Page: 1 Of 5 O W 212016 11:49:15 AM Fee: $35.00
Charlotte Mills - Gallatin County, MT MISC
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
UN-KNOTTED EXTENDED STAY CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
708 NORTH ROUSE AVENUE,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner acknowledges the receipt of a Conditional
Use Permit allow a portion of the building located at 708 North Rouse Avenue to change a
professional office use to an extended stay use(vacation rental); and
WHEREAS,the use is to be located on property that is legally described Lots 19-24,
Block 118,Northern Pacific Addition,plus the northern half of the vacated Cottonwood Street,
S06,T02S,R06E, City of Bozeman, Gallatin County,Montana; and
WHEREAS,the use is to be located on property that is legally zoned as NEHMU
(Northeast Historic Mixed Use) zoning district; and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's zoning application no. 15422; and
WHEREAS,the Conditional Use Permit is required because the extended stay use is a
conditional use in the NEHMU zoning district; and
WHEREAS,the Conditional Use Permit application is subject to the following
conditions of approval and code provisions:
CONDITIONS OF APPROVAL
Planning 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.
708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. The maximum number of guests with the extended stay unit shall not exceed 5 per night.
3. All outdoor activities on the property shall cease by 10:00 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.
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 c ompany, 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. That the applicant upon 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.
Engineering Conditions
8. The water service to the building may require an upgrade to accommodate the proposed
use. The applicant shall coordinate water service sizing with the Building Department
and the Water and Sewer Superintendent. The water service shall be sized such that the
maximum velocity in the line,as calculated by the fixture unit method defined in the
Uniform Plumbing Code, does not exceed 10 feet-per-second (City of Bozeman Design
Standards and Specifications Policy). The water service installation inside the building
shall be brought to the current standard if it doesn't currently have a backflow preventer
per City Water Inspection Requirements. The backflow preventer provides protection of
the public water supply. i
708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 2 OF 5
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CONDITIONS OF APPROVAL FOR A.CONDITIONAL USE PERMIT APPLICATION
9. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing
Code shall be installed with any development responsible for food preparation. In
accordance with Municipal Code, on-site maintenance and interceptor service records
shall be kept on a regular basis and made available to the City upon request. If not
existing,the grease interceptor must be constructed.
CODE REQUIREMENTS REQUIRING PLAN CORRECTIONS
A. Section 38.19.11 OX 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.
WHEREAS, the Conditional Use Permit application is subject to all provisions of the
Bozeman Municipal Code including the provisions listed below:
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.
B. Section 38.19.110.I,BMC Termination/Revocation of 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 Section 38.19.130, BMC. �F
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708 NORTH ROUSE EXTENDED STAY CUP 15422 PAGE 3 OF S i
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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
PIanning 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.
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.
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 708 North Rouse Avenue.
DATED THIS DAY OF ,2015.
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CONDITIONS OF APPROVAL FOR A CONDITIONAL;USE PERMIT APPLICATION
PROPERTY OWNER
Signature
Printed Name and Capacity
I
STATE OF MONTANA
:ss
County of (Dal
On this day of r' Lklk 201 before me,the undersigned, a Notary Public for the State
of Montana, personally appeared A`-'Ld,.� known to me to be the
of u�Y ` cy"_ ,the property owner that executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written. -,
(SEAL) (Printed name)
Notary Public for the State of Montana
;_NH� ALiCIAKENNEDY
• •. NOTARY PUBLIC for the Residing at nfl
s � STATE OF MONTANA My Commission Expires: ; - - - r
Nam, Residing at Bozeman,Montana
� of My Co ssl 20�res (Use four digits for expiration year)
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