HomeMy WebLinkAbout16- Conditional Use Permit - On-Premise Consumption - 105 West Main Street, Baxter Patio Additionj. CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
Inter -office Original to:
City of Bozeman
Office of the City Clerk 2561087
P.O. Box 1230 Page: 1 of 4 10/19/2016 09:59:33 RM Fee: $28.00
Bozeman, NIT 59771 Charlotte .Ml �1� .�.CtllAtin County, MT MISc
PLATTED
BAXTER HOTEL PATIO ADDITION CONDITIONS OF APPROVAL
FOR ON -PREMISE CONSUMPTION OF ALCOHOL
CONDITIONAL USE PERMIT AT 105 WEST MAIN STREET,
BOZEMAN, MONTANA
WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional
Use Permit to allow the sales of alcohol for on -premise consumption in the Baxter Hotel tenant
space addressed as 105 W. Main Street, Bozeman, Montana; and
WHEREAS, the uses to be located on property that is legally described as Lots 1-3 and
the east 18 feet of Lot 4, Block B, Tracy's 1st Addition, S07, T02S, R06E, Block B, City of
Bozeman, Gallatin County, Montana; and
WHEREAS, the Conditional Use Permit is contained within the City of Bozeman
Department of Community Development's development review application number 15447; and
WHEREAS, the Conditional Use Permit is required for on -premise consumption of
alcohol in the B-3 zoning (Central Business District); and
WHEREAS, the Conditional Use Permit application is subject to the following
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 must be
submitted to the Department 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 waiver, minor in possession of alcohol, or any other
applicable law regarding consumption and/or possession of alcohol.
BAXTER HOTEL PATIO ADDITION CUP ZONING APPLICATION 15447 PAGE 1 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 must submit a written narrative with the final plan application outlining
how each of the conditions of approval and code provisions has been satisfied.
6. The Main Street drive access to the privately owned area where the outdoor patio is
proposed must be physically closed. This would consist of eliminating the driveway
approach and constructing new curb, gutter and sidewalk to replace the approach.
7. Access to the private alley from the rear alley should be limited to vendors, deliveries,
and permit parking only. The intent of this item is to avoid parked car stacking in the
private alley. This may be accomplished with signage at the entrance to the private alley.
The City will not enforce the permit parking requirement. Enforcement will be up to the
private property owner.
8. A surveyor licensed in the State of Montana shall seal and certify the identified lot line
location between Lot 4 and Lot 5.
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.
2. A conditional use which has terminated may be reestablished on a site by either, the
BAXTER HOTEL PATIO ADDITION CUP ZONING APPLICATION 15447 PAGE 2 OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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.
4. Section 38.19.120, BMC requires the applicant to submit a final plan, no later than six
months after the date of approval of a preliminary plan.
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.
BAXTER HOTEL PATIO ADDITION CUP ZONING APPLICATION 15447 PAGE 3.OF 4
CONDITIONS OF APPROVAL FOR A CONDITIONAL USE PERMIT APPLICATION
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 sales of
alcohol for on -premise consumption occurs as conditioned and does not cease for any reason for
more than 90 days pursuant to Section 38.32.1010.1), BMC at 105 W. Main Street.
DATED THIS /00f0— DAY OF Of 6010'ef?-- , 2016.
PROPERTY OWNER
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Please print or type namy of business
ALL- /PA4#_7'*
Signature
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STATE OF j'l/tMf-0004 )
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County of 54Itkie a0 )
On this If'A day of 00,6bCOL , 2016, before me, the undersigned, a Notary Public for
the State of oiiMAi , personally appeared M Arm-{ E OP-tzo rr known to
me to be 9telproperty owner that executed the within instrument.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(Printed N,*e Here)
Notary Public
%for the St of
Residing at
My Commission Expires: l
(Use 4 digits for expiration ear)
BAXTER HOTEL PATIO ADDITION CUP ZONING APPLICATION 15447 PAGE 4 OF 4
(Seal)
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MAGGIE PESANTI
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NOTARY PUBLIC for the
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.=tate of Montana
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Residing at Butte, Montana
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My Commission Expires
October 28, 2019
(Printed N,*e Here)
Notary Public
%for the St of
Residing at
My Commission Expires: l
(Use 4 digits for expiration ear)
BAXTER HOTEL PATIO ADDITION CUP ZONING APPLICATION 15447 PAGE 4 OF 4