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HomeMy WebLinkAboutR-2026-008 deny right of way use permit_RL250069_storage containers and cooking oil tank_minado buffetRESOLUTION NO. R-2026-008 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 ADOPTED BY THE CITY COUNCIL this 6th day of January, 2026. ATTEST: salinda Ibarra, City Cle 2 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10.B. For Meeting of: January 6, 2026 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 Yan Email 11-5-25.pdf