HomeMy WebLinkAbout01/06/2026 10.B. Resolution - denying Right of Way Use Permit at 501 N Front Street 'V
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10.B.
For Meeting of: January 6, 2026
ITEM TITLE: Resolution denying the Right of Way Use Permit Application
RL250069 for two storage containers and a used cooking oil tank in
the back of the Minado Buffett building along 501 N Front Street
SUBMITTED BY: Robert Washabaugh, City Engineer
SUMMARY EXPLANATION:
Minado Buffet, is requesting approval of a Right of Way use Permit, application number RL250069, to
leave two storage containers and a used cooking oil tank adjacent to the building at 501 N Front Street
that were installed without city approval. The property is located in the General Commercial zoning
district. City right of way along Front Street and E Street extends to within two feet or less of the building,
leaving no room on the business property for the items in the request. One of the storage containers and
the chain link fencing protecting it, encroach in the intersection sight triangle.
The cooking oil tank is leaking, or oil is being spilled when put into the tank, which has made its way onto
the asphalt pavement in city right of way. This oil could wash off into the street and make its way into the
storm drain system.
Right of Way Use permits are processed under the provisions of Chapter 8.20, which requires review by
the code administration manager and final approval or disapproval by the City Council. Approved permits
require liability insurance as prescribed in Section 8.20.060, which would be provided to the Office of
Code Administration prior to issuance of any permit. Approved permits are valid for a period of one year,
renewable annually. This allows the City an opportunity to review any public health/safety/welfare issues
that may need to be addressed in subsequent years.
Staff recommends denying the Right of Way Use Permit.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_RL250069_
Right of Way Use Permit RL250069 Report.docx
MinadoBuffet_images
Suncan Yon Email 11-5-25.pdf
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RESOLUTION NO. R-2026-
A RESOLUTION denying the application for a right-of-way use permit in the right-of-way to
the west of 501 North Front Street.
WHEREAS, pursuant to Chapter 8:20 YMC, the City Council is authorized to approve or
deny and application for a permit to construction improvements within public rights-of-way; and
WHEREAS, Suncan Yan of Minado Buffet Restaurant applied for a right-of-way use
permit to allow the use and maintenance of two 40' long storage containers and a cooking oil
waste tank behind the building along N. Front Street in the public right-of-way to store restaurant
supply materials and to dispose of cooking oil; and
WHEREAS, the permit application was made on the approved form and contained a
description and detailed scale drawing depicting the public right-of-way in the vicinity of the area
for which the permit is sought, in compliance with YMC 8.20.030; and
WHEREAS, the property is located in the General Commercial (GC) zoning district, and
therefore the City Council is required to consider the application after the city engineer
examines the application for compliance with all applicable provisions of the city's municipal
code; and
WHEREAS, after review of the application and the site on which the permit is sought,
the city engineer is recommending that the City Council deny the application for a right-of-way
use permit; and
WHEREAS, the City Council, having considered such application and the
recommendation of city staff, hereby finds and determines that issuance of the requested right-
of-way use permit denied pursuant to Chapter 8:20 YMC, and finds that such denial is in the
best interest of the residents of the City of Yakima and the City, and will promote the general
health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Council adopts the recitals above, and the findings and conclusions found in
the staff report dated December 4, 2025, attached hereto and fully incorporated
herein, as if they were the findings and conclusions of the City Council.
2. Permit application RL250069 submitted by Suncan Yan and Minado Buffet for a right-
of-way use permit to use the right-of-way adjacent to 501 North Front Street for the
placement of storage containers and a cooking oil grease tank is denied.
3. This decision may be appealed pursuant to YMC 8.20.050
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339
ADOPTED BY THE CITY COUNCIL this 6th day of January, 2026.
Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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w" COMMUNITY DEVELOPMENT DEPARTMENT
!1N.,
,, Bill Preston, P.E., Director
~ :e'Air
� Engineering Division
o ' ''• s 129 N. Second Street, 2nd Floor, Yakima, Washington 98901
+I Phone (509) 575-6111 • Fax (509) 576-6305
-k,.. _ " Email: engineering ajakimawa.gov
Right-of-Way Use Permit RL250069
The Minado Buffet restaurant located at 501 N Front Street has submitted a long term right of
way use permit application to allow two 40' long storage containers and a used cooking oil
storage tank to be in city right of way. These items are currently in the city right of way without
approval.
Here is some background on this location that led to the permit application. In the spring of
2025, the city's Street Maintenance Supervisor received a complaint from a driver about poor
sight distance at the intersection of Front St and E St. The complaint was referred to Engineering
and a field review discovered that two garbage dumpsters were blocking the intersection sight
triangle. The business was notified and they moved the dumpsters. A review of the site after
the dumpsters were relocated found that the southern storage container and the fencing around it
were also partially blocking the sight triangle. Engineering researched the city right-of-way
limits along this property and determined that the storage containers were in the city right-of-
way. It was also discovered that they were installed without approval. The business was
notified of this and informed that the city has never allowed storage containers to be placed in
city right-of-way long term, but for this to be considered, they would need to apply for a long-
term right-of-way use permit and go through the approval process.
After receiving and reviewing the application, it is recommended that council does not approve
this permit based on the following information.
YMC 15.05.040 Vision Clearance requires corner lots at unsignalized intersections to maintain a
vision clearance triangle for safety. The triangle here is defined as that created by going 15'
from the curb line on Front St east on E St and 120' from the curb line on E St along Front St.
The storage containers partially block the required sight triangle as can be seen in the aerial
image Sight Triangle Front St and E St. The fencing and the storage container need to be
relocated out of the sight triangle. The city has been consistent with enforcement of this code for
safety.
Additionally, placement of storage containers in the right-of-way is an unclassified use (YMC
15.04.040)in the Municipal Code. Interpretations can be requested and forwarded onto the
Hearing Examiner for a public hearing on the matter. The city has not processed an interpretation
for the placement of private storage containers within the public right-of-way. Use interpretation
would still be required to follow vision clearance requirements.
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The used cooking oil storage tank is either leaking or oil has been spilled when being dumped
into the tank which can be seen in the photo Minado Buffet S side of cooking oil tank. The oil is
on the pavement within city right of way which can create a slipping hazard. It can also easily
make its way into the city streets and eventually into a storm drain. Once there, it can cause
clogging of the sewer pipes which may be expensive to clean, and it may eventually get into
streams or lakes that could harm aquatic life. The city would be responsible if clogged storm
sewers caused flooding and damage to private property, and the city would also be financially
responsible for environmental damage the cooking oil could create.
Removing and relocating the containers out of the sight triangle alleviates driver concerns and
improves safety, and removing the grease container eliminates potential environmental and
infrastructure risk.
It is the recommendation of city staff that council does not issue this right-of-way use permit.
Robert Washabaugh Trevor Martin
City Engineer Planning Manager
342
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Washabaugh, Robert
From: hai zhiyin <haizhiyin@hotmail.com>
Sent: Wednesday, November 5, 2025 7:44 PM
To: McPherson, Kirsten
Cc: Washabaugh, Robert
Subject: Qg: RL250069 - 501 N. Front St. - Minado Buffet - Long Term ROW Use Permit
Hello, Kirsten and City Council Members,
I would like to submit the following request for consideration regarding the two containers at 501 N Front
Street.
My name is Suncan Yan, and I am the property/business owner at this address. I am writing regarding the
recent notice the Engineering Division will not be recommending approval of the Long-Term Right-Of-
way(ROW) Use Permit for the two Connex Containers currently located on side.
The containers are used solely for restaurant storage purpose, such as storing chairs,takeout boxes,and other
restaurant supplies. When they were first placed,we were unaware that such placement was not permitted
within the City's ROW. We sincerely apologize for the misunderstanding and any inconvenience it may have
caused.
We understand the City's concern about traffic visibility. Unfortunately, the containers cannot be moved due
to their size, weight, and installation conditions. We also explored the possibility of adjusting the roof
overhang to move the containers closer to the wall, but found that this was not structrurally infeasible.
However, we are very willing to take all reasonable safety and appearance improvement measures, such as
adding warning signs,convex safety mirrors,or designated no parking areas, to ensure clear visibility for drivers
and pedestrians and to maintain public safety.
We respectfully ask the City Council to allow an exception or modification so that we can maintain the
containers under these safety and aesthetic conditions. We are happy to coordinate with the City's
Engineering and Planning Divisions to meet any requirements necessary to ensure compliance.
We truly appreciate your time and consideration, and we remain committed to working with the City of
Yakima in cooperative and responsible manner.
Sincerely,
Suncan Yan
Minado Buffet
501 N Front St
Yakima,WA98901
Cell Phone:4088330627
Email: HAIZHIYIN@HOTMAIL.COM
351
R.11,1: McPherson, Kirsten <Kirsten.McPherson@yakimawa.gov>
IA litIA: 2025 * 11 A 5 H 11:30
►{k'(`- J`: haizhiyin@hotmail.com <haizhiyin@hotmail.com>
J) :Washabaugh, Robert<Robert.Washabaugh@yakimawa.gov>
IR: RL250069 -501 N. Front St. - Minado Buffet- Long Term ROW Use Permit
Good Morning,
After extensive review by City of Yakima divisions, it has been determined that the Engineering division
will not be recommending the approval of the Long-Term right-of-way (ROW) Use Permit for the 2
containers that are in City of Yakima ROW.The City of Yakima Municipal Code and City policy doesn't
allow for Connex boxes (containers) to be placed in City ROW. However, this proposal will still go in front
of City Council for their final decision.They will either approve or deny your request. If denied,you will
have the option to appeal the decision. The Engineering division will notify you once a decision by the City
Council has been received.
If your request is denied by City Council you can apply for a modification and a building permit for the
Connex boxes to be placed on your private property. It would be best for you to reach out to the Planning
Division here at the City of Yakima in order to obtain information on these permits and their processes.
Please note: the containers would need to be moved out of City ROW and be placed on your property
and can only be accessed by your employees.
You can reach the Planning Division at 509-575-6183.
If you have any questions pertaining to the denied Long Term ROW Use Permit, please contact Robert
Washabaugh, our Acting City Engineer, at 509-576-6601.
Thank you,
K iir,steAv Mc horsaw
Development Engineer
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
Desk: (509)575-6228
Cell: (509) 728-3459
Kirsten.McPherson@yakimawa.gov
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