HomeMy WebLinkAbout15- 3131 Foxtail Street Site Plan and Conditional Use Permit Application 15441,_T
MAN
Planning
November 10, 2015
Cooper Raasch
3880 SE Deer Creek Way
Grasham, OR 97080
RE: 3131 Foxtail Street Site Plan and Conditional Use Permit Application 15441
Dear Mr. Raasch,
On November 9, 2015, the City Commission preliminarily approved your application to allow
the establishment of an accessory dwelling unit (ADU) above a detached garage structure at
3131 Foxtail Street in Phase 2 of the Cattail Creek. 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 final plan and supporting materials must be submitted to the Department of
Community Development within six months of the Commission's preliminary decision, or by
May 9, 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:
Community Development 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.
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
TDD: 406-582-2301 THE MOST LIVABLE PLACE.
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 (BMQ
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 tobythe 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. 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 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. A minimum of 23 points is required.
Currently the north yard landscaping does not qualify for the S points as listed on the
landscaping plan. Five points per yard (up to 15 points maximum) are awarded when
the landscaped yard contains, for each 50 linear feet of each landscaped yard, one or
more of the plant elements in both columns A and B in the Table 38.26.060.
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.
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.
Respectfully,
Heather Davis, &As)so'ciPlanner
Encl: CUP Recorded Document
C: ELS Architects, 129 N 2Sth Avenue, Bozeman, MT 59718
City Clerk's Office