HomeMy WebLinkAboutR-2017-130 Right-of-Way Use Permit for Canopy at 105 S. 1st StreetRESOLUTION NO. R-2017-130
A RESOLUTION authorizing issuance of a right-of-way use permit to allow the
construction of a canopy at 105 S 1st St.
WHEREAS, pursuant to Chapter 8 20 YMC, the City Council is authorized to
approve issuance of permits for construction of certain improvements within rights-of-way
within the City's commercial districts; and
WHEREAS, One Chestnut LLC has submitted an application for a right-of-way use
permit to allow the construction of a canopy for a residential entrance that extends up to 6
feet 11 inches into the right-of-way 9 feet 9 inches above grade on the north elevation of
the building located at 105 S 1st St. within the Central Business District (CBD) zone; and
WHEREAS, the application was deemed complete on October 12, 2017, and
WHEREAS, the applicant has provided proof of liability insurance, and
WHEREAS, city staff has recommended approval of such 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 authorized pursuant to Chapter 8 20 YMC is in the best interest of
residents of the City of Yakima and will promote the general health, safety and welfare, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager, or his designee, is hereby authorized to execute and issue a right-
of-way use permit in accordance with the provisions of Chapter 8 20 YMC and in conformity
with the application for such permit submitted by One Chestnut LLC by application dated
August 17, 2017, and designated as city Regulatory License No. RL -170045, for the
construction of a canopy that extends up to 6 feet 11 inches into the public right-of-way 9
feet 9 inches above grade at the north elevation of the building at 105 S 1st St.; now,
therefore,
ADOPTED BY THE CITY COUNCIL this 7th day of Nov; ber, 2017
ATTEST
Sonya CI'aa). Tee, City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.F.
For Meeting of: November 7, 2017
ITEM TITLE: Resolution authorizing a Right -of -Way Use Permit fora canopy that
extends up to 6 feet 11 inches into the right-of-way on the north
elevation of the building at 105 S. 1st St.
SUBMITTED BY: Eric Crowell, Associate Planner
Joe Caruso, Code Administration Manager
Joan Davenport, AICP, Community Development Director
SUMMARY EXPLANATION:
One Chestnut LLC, is requesting a Right -of -Way Use Permit (RL170045) to allow for a canopy
that extends up to 6 feet 11 inches into the public right-of-way 9 feet 9 inches above grade on the
north elevation of the building at 105 S. 1st St. The property is located in the Commercial
Business District (CBD) zoning district.
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 by the City Council. The permit
also requires liability insurance as prescribed in Section 8.20.060, which will 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. This application
was reviewed by the Development Services Team on August 29, 2017.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D Resolution 10/12'2017
D Staff Report 10/12/2017
O Site Plan 10/23/2017
Type
Resolution
Coyer Memo
Coyer Memo
2
Planning
DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
DATE: October 12, 2017
FILE NUMBER: RL -170045
APPLICANT: One Chestnut, LLC
4
REQUEST: Right -Of -Way Use Permit to construct a canopy that extends up to
6 feet 11 inches into the right-of-way on the north elevation of the
building.
LOCATION: 105 S. 1st St. (E. Chestnut Ave. side)
STAFF CONTACT: Eric Crowell, Associate Planner
REQUEST
One Chestnut, LLC is requesting a Right -of -Way Use Permit to construct a construct a canopy
that extends up to 6 feet 11 inches into the right-of-way 9 feet 9 inches above grade on the
north elevation of the building that faces E. Chestnut Ave. The property is located within the
Central Business District (CBD) zone.
FINDINGS
DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on August 29,
2017, for technical review of this request. No formal comments were received objecting to the
request.
CONCLUSIONS
1. The use of the air rights above the sidewalk/public right-of-way at E. Chestnut Ave. is
consistent with the provisions of the Yakima Urban Area Zoning Ordinance in regard to its
location and height above the public right-of-way. However, a right-of-way use permit is
required to permit this feature in the air above the public right-of-way.
RECOMMENDATION
According to the findings listed above, the City of Yakima Planning Division has no objection to
the granting of this right-of-way use permit.
Yak°
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E. CHESTNUT AVE.
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DATE: 07-31-17 LEE GWYN -ARCHITECT
LEGAL DESCRIPTION:
LOTS 25,26,27,28,29,30,31, & 32, BLOCK 32, TOWN OF NORTH
YAKIMA, NOW YAKIMA, RECORDED IN VOLUME "E'' OF PLATS,
PAGE 1, RECORDS OF YAKIMA COUNTY, WASHINGTON
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DATE: 10-12-17
WEST F.F.