HomeMy WebLinkAbout16- Conditional Use Permit for 3131 Foxtail Street Accessory Dwelling Unit Inter-office original to:
City of Bozeman
Department of Community Development
20 East Olive Street
2540247
Page: i of 4 03/21/2016 02:24:08 PM Fee: $28TOC
Charlotte Mills - Gallatin County> MT
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PLAITED
CONDITIONS OF APPROVAL FOR A CONDITIONAL USF PERMIT APPLICATION
CONDITIONS OF APPROVAL FOR THE
3131 FOXTAIL STREET ACCESSORY DWELLING UNIT
CONDITIONAL USE PERMIT
FOR PROPERTY LOCATED AT
3131 FOXTAIL STREET,BOZEMAN,MONTANA
WHEREAS,the undersigned property owner;acknowledges the receipt of a conditional
use permit application to allow the establishment of an accessory dwelling unit(ADU)above a
detached garage structure at 3 13 1 Foxtail Street in the Foxtail Street Subdivision; and
WHEREAS,the use is to be located on property that is legally described as Lot bC,
Block 14 of Foxtail Street Subdivision,City of Bozeman,Gallatin County, Montana; and
WHEREAS, the use is to be located on property that is legally zoned as R-I (Residential
Single-Household, Low Density)zoning district; and
WHEREAS,the Conditional Use Permit(CUP)is contained within the City of Bozeman
Department of Community Development's zoning application 15441; and
WHEREAS,The Conditional Use Permit is required for the establishment of accessory
dwelling unit in the R-1 zoning district;and
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WHEREAS,the Conditional Use Permit application is subject to the following t
conditions of approval and code provisions:
CONDITIONS OF APPROVAL
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1. The applicant is advised that unmet code provisions, or code provisions that are not y
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.
3131 FOXTAIL ADU CUP 15441 ;.:PAGE 1 OF 4
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
2. No more than one of the dwellings,either the principal dwelling or the accessory dwelling,
may be rented at the same time. One of the dwellings shall be occupied as a principle
residence by the property owner,per Code Provision Section 38.22.030.A.1, BMC.
3. If any public sidewalk or curb are damaged during the construction, it is the requirement
of the applicant to repair and replace them to the design standards of the City of Bozeman.
This repair and/or replacement shall be noted on the site plan drawing, sheet A-1, in the
building permit drawings.The applicant is required to obtain a"Sidewalk and/or Driveway
and Curb Cut Permit" from the Engineering Department for that work if necessary. All
new or replaced sidewalks must be inspected by the City Engineering Department prior to
final occupancy of the residence.
4. All construction activities shall include routine cleaning/sweeping of material that is
dragged to adjacent streets, if any.
5. A City of Bozeman Residential Stormwater Control and Site Drainage Self Certification
form shall be completed and submitted with the building permit application.
6. 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.
Code Provisions,Bozeman Municipal Code(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.
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;
3131 FOXTAIL ADU CUP 15441 PAGE 2 OF, 4
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CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
e. 'fhe 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 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,BMC.
c. Section 38.26.060.A, BMC. In addition to complying with the mandatory landscape
provisions in section 38.26.050, all landscape plans must earn a minimum number of
points as specified in this section.Points are awarded for specified landscape features and
elements based upon their relative value or merit.
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 uses remains
at the property addressed at 3131 Foxtail Street.
DATED THIS 2-.` DAY OF
3131 FOXTAiL,ADU CUP 15441 PAGE 3 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Property Owner
Signature
Printed Name
Title
STATE OF MONTANA
f` :ss
County of (.---' r.�*k c i---4_ "--I )
On this =� 1 day of ` �(:��`C:_:' , 201 S, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared +'""1 "i: `.i 'i �. `.`,C , known to me to be the
�._ ::.. ... x�'. r �,.. 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.
r,
1
(SEAL) (Prince ,n`ame) `-----'
.��• •^••. NotaryPublic for the State of Montana
4�'KEN�,•s, ALICIA KENNEDY
NOTARY PUBLIC for the Residing at
SEAL
STATE OF MONTANA
M Commission Expires:
a. Rosut+r..y�t Bozeman,Montana Y p
'''---' Ny`''n�,;sslonF�cprtes (Use four digits for expiration year)
•M�°•.• AugustO4,20i8
3131 FOXTAIL ADU CUP 15441 PAGE 4 OF 4
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