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Home My WebLink About03/11/2014 08 Right-of-Way Use Permit for Awning at 202 East Yakima AvenueBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 3/11/2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing Right -of -Way Use Permit for Graham Snyder, owner of Cowiche Canyon Restaurant SUBMITTED BY: Steve Osguthorpe, AICP, Community Development Director (509) 575-3533 Joe Caruso, Code Administration Manager (509) 575-6257 SUMMARY EXPLANATION: Graham Snyder, ownder of Cowiche Canyon Restaurant, is requesting a Right -of -Way Use permit to construct a 5 ft x 30 ft awning 10 ft above the sidewalk and entry of his restaurant at 202 East Yakima Avenue for the purpose of keeping the merchant's patrons out of the weather. The property is located within the Central 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. That allows the City opportunity to review any public health/safety/welfare issues that may need to be addressed in subsequent years. Resolution: X Ordinance: Other (Specify): Right -of -Way Use Permit Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager The proposed awning was reviewed by the City's Development Services Team (DST), which found no impacts or issues that would prevent issuance of the permit. Staff therefore recommends approval of the Right -of -Way Use Permit,subject to submittal of required liability prior to building permit issuance. ATTACHMENTS: Description resolution Staff Report - Graham Snyder - RL30226 Application -Graham Snyder - RL30226 Site Plan Upload Date 3/3/2014 2/2 /2014 2/2 /2014 3/4/2014 Type Cover Memo Backup IM ate a II Backup IM ate a II Cover Memo A RESOLUTION RESOLUTION NO. R -2014 - authorizing issuance of right-of-way use permit for five-foot by thirty- foot awning ten feet above sidewalk at site commonly known as 202 East Yakima Avenue. 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, Graham Snyder, owner of the property commonly known as 202 East Yakima Avenue, has submitted an application for construction of an awning attached to a newly constructed building at such property, with dimensions of five (5) feet by thirty (30) feet, ten (10) feet above the sidewalk right-of-way, which application has been deemed complete; 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 Graham Snyder by application dated January 22, 2014 and designated as city Regulatory License No. RL - 30226, for an awning five (5) feet by thirty (30) feet, ten (10) feet above the sidewalk right- of-way at 202 East Yakima Avenue; now, therefore, ADOPTED BY THE CITY COUNCIL this 11th day of March, 2014. ATTEST: Micah Cawley, Mayor City Clerk City of Yakima, Washington Department of Community Development Planning Division DATE: February 28, 2014 FILE NUMBER: RL -30226 APPLICANT: Graham Snyder REQUEST: Right -Of -Way Use Permit to construct a 5 ft. X 30 ft. awning 10 ft. above the sidewalk at 202 E. Yakima Ave. LOCATION: 202 E. Yakima Ave., Yakima, WA STAFF CONTACT: Jeff Peters, Supervising Planner REQUEST Graham Snyder is requesting a Right -of -Way Use Permit to construct a 5 ft. X 30 ft. awning 10 feet above the sidewalk at 202 E. Yakima Ave. The property is located within the Central Business District, (CBD) zoning district. The awning is proposed to be constructed over the public right-of-way for Yakima Ave. for the purpose of keeping patrons of the applicant's restaurant out of the weather. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on February 25, 2014, for technical review of this request. No formal comments were received objecting to the request, and all city divisions recommended approval. CONCLUSIONS 1. The awning 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 allow the awning 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 a right-of-way use permit. 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Adntinisiration 129 North Second Street, 2"1 Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 Fax (509) 576-6576 codes@cLvakima.wa.us wtuiv.buildingyakinta,com RECEIVED RIGHT OF WAY USE JAN 3 2014 REGULATORY LICENSE APPLICATION CITY OF YAKIMA YMC Chapter 8.20 PLANNING DIV. Fee: $50.00 non refundable application fee (annual renewal fee is $25.00) Applicant Info (must be owner or occupier of adjacent property): Name: 61-1s11 r <NY p Address: 'pp -go,s 16'1q City:_ .. yl . Phone: -L o Q.. 301.113v 0 Alternate Phone: State: • w • Zip: ' .�! ?, get -1 E-mail: 6.1 e, bra.rt7 —Cava Cow% Location: Describe Location: Np rLzvi E"ss C+ iz.m o aF ?ft IP 6"'-'r / 20 Z Yak; p-hQt Purpose of Right of Way use: AW t,r t c t o' Arnot. 5 to e 1N SLK - 5 k 3 0 ` Type of Business Operated on Adjacent Property: ILEST*u Please Provide: far A scaled Site Plan i( Plans and specifications for desired structure ❑ Evidence of commercial liability insurance, a copy of additional insured endorsement shall be included. See insurance requirements below Insurance Prior to the issuance of any permit pursuant to this chapter, the applicant shall file with the. community and economic development director or his/her designee evidence of comprehensive; public liability insurance, with limits of .not Tess than five hundred thousand dollars combined; single limit for bodily injury and property damage for residential uses and one million dollars' combined single limit for bodily injury and property damage for business uses, with the city. of Yakima named as an insured party, insuring against liability from injury or damage resulting] from applicant's occupancy of or activities on public right-of-way under the permit to be issued, which insurance shall be maintained in effect during the term of the permit. (Ord. 2009-15 § 7,1 2009: Ord. 1672, §1._(part)_, 1974). .... _ .. .... The issuance of this license does not entitle you to conduct business in violation of any federal, state or local laws applicable to the business ope Applicant Signature: L3For Office Use Only Regulatory License #: R.0 2.72_ . Amount Paid: S .50 Director of Community Development ❑ Approved 0 Denied 0 Approved with Conditions 0 Ca_shh9-C eck Signature: Date: City Council 0 Approved 0 Denied 0 Approved with Conditions Signature: Date: Community DevelopmF ' Department Code Administration L ton Receipt Number:. GR -14-Q20383 129 North Second Street, 2nd Floor Yakima, Washlnyton 98901 RL -30226 19131924403 SNYDER GRAHAM Payment !Method CHECK [Kelm um be 1227 Receipt # -- Receipt ipate _ Right of Way Use $50.00 Total Paid: Tendered Amt: Change Due: red unit" is $ 50.00 Total: $50.00 $50.00 $0.00 RECEIVED JAN 31 2014 CITY OF YAKIM PLANNING DIV 0 ® 10 CD 10 t See — 0101. 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D60 Section Mew Calt ail 10 Re! 3 204 VAIA-141 flA4T 0/fr. 4 CONSTRUCTION SET DEC.12th, 2013 Cowiche Canyon Zs Twee. me Wenn. ...en Rawl 13,1 ewe emanter 140i. 21313 Waaa Paell 0/[15/13 Pane Car 0/21/13 a, Caul Se 0/12/3 wee se 12/11/13 NE Canopy Plan & Details S4.01 I I I I 6 I I E /—UF AKIL RAN? / RCM OF WAY I EN ■ I I I I I I • 1 I I I I I I O LE I I * \ • I/ GPN ROB LAImNG OTT a 16 SFPDI LEE I I • I I I H 1 LE I I O n ▪ Site ]E B' 1'-0' .FxRnxG 0' ESTER x / UN: CORN 1600 VI —El— w —rw —rW — r — w —VI —1V —IN —1V-111 — w —VI —W —II —III —LK —IV —LE — w GR4�w — w —VI —1V-111—IN — w —II -w — w — w — w — w — w — r — w —j -w — w --VI — w ` 11I—E/ — w —1,11-111-1111 — w — e-----1 CORNER O PRORRIY� 12' 1011 COIL 10 MY n 10 FENCE 0/ GATE TO ICON PUBLIC U16101 AGMs TO EA91ENT- KILL CNNUP! E. E BECK GRACE Or J 202E YA/OMA AVE PROPOSED NM MESE STORY 6200 6 CONCRETE AND WOOD ARICNRE META. CANOPY 10. MOW 2PN S2RE�T GONER UNE SECOND TT Popp O WAY II I E I I E 1 is I JA 3 I\ IE JORT.'TER OF QTY /J/� 202 210), I I : II A I I I 'j EI jI I` t L-...-- E � .I GI I Project/Silo Informafion PROJECT BESQw'10I. THE PROJECT PROPOSES OE NEW CONSTRUCTION OF A BE BE STORY 5100 BOLAND 1001 COEEEAGAL BULONC COWAN. A NEW RESTAURANT IIA BAR. LOCATOR 202 E 21100910 AE *01Py WA 9612 NUP BROAD 4129 1 BABA ArtaNRCTS 29 126 AYE MOIL WA 106.321.0992 EEL. oemamP1: PPM. LOTS 1 RAV t OIL 61 191119-24403 CENTRAL BIE$!ESS O611ECf 13.610 9 209206: LOT AREA PANTING: PER NIC 1506.010 C. NO OFF STREET 991616 6 16910® E THE 10021000 BU0N55 DISTRICT 100 OF SIIQET PAe0IG 6 PROPOSED FOR THIS PROJECT. Lm PER nC 15.45930. TARE 5-1 RE BAA. 6 NAMED 166 IDT MENGE WM N' SUM= PROD TIE EIMER UAE Or RE ADLVATI RPD -O -whys. OUEPSRRS WILL H LOGTED E A SCREENED 061699E ETM ML T'Nf PARKING UN PAUSE CONTACT SEAN MAIMS AT 11112 RE MY BP 666 MDR OBESTENS, DEO /D BES ARL OOC R 011111E SOUTH SIDE O 11E HUNG. FROM 111E CRY PPRNING 00T AND SCHEDULE 101 BE CORw00(1F0 TO 00 PEAK PANNING TEES O THE DAY. ODDERI 2900.6 ELL READILY CONSIST O VANS MD LLCM 10.0901 2081E TO OCCUPY A SINGLE PARKING STALL. *001 IE 116FSTNI 1 9C110 AE PROOAD FOR 116 PRI EC1 LWOSOIR6 NO LANDSCAPE WILL ENCROACH UPON 111E OR's R911 -0F -WAY. AREENENT FOR REVISIONS 10 AND M9NIENANCE O THE COSTING CPT PUNTERS AND 1ANnG%NG Al 11E 001011WEST CORNER OF THE PRor+6R0 TO IN ARRANGED BETWEEN O2 AND RE OW AT A UIER DATE DOPER 10 9021 APR. 191 10 DOING015H DEM *DUTY G9100' 116m 10 O9*NG CONTINGENT WON COSUE1Al0N WIN Mir POWER. CIVILSTOW/LATER RAN TO 100061* MM EASTERN WASHINGTON STGRWATER MANUAL OT2 O YARN 5NOARD0 IIID BIC REOUIR0AENIS PDX WEER BEL INRLIRATE INTO THE GROUND THROWN A m! WELL THE *WANING GROUND WATER 0E1 BE DIRECTED INTO TEE SPE LANDSGRNG NOTE PLL UUIO LOL16E6 MD CPEECi9b PER CWL DMIVNGS Permit Corrections Jmnumy, 2014 Cowiche Canyon 0. A1.00 EXTENT OF PROPOSED AWNING ABOVE THE CITY RIGHT OF WAY. en —I 005M0 CIV 0 SEOt6 lK MS'Te Plan soon 1/E'- 1'O• \I 2ND STREET OMSR LK Or /StODM S0* epll C 100 UNE 1101 1600 rPV O. site plan CCWICHE CANYON: Street Use Permit / GRAHAM BABA ARCHITECTS March 4th, 2014