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Home My WebLink AboutR-2014-078 Right-of-Way Use Permit for Solar Awning at 17 N. 3rd St. RESOLUTION NO. R- 2014 -078 A RESOLUTION authorizing issuance of right -of -way use permit to construct an approximate 20 ft. X 6 ft. solar awnin nine feet above the sidewalk at a site commonly known as 17 N 3 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, Steve Weise, owner of the property commonly known as 17 N 3rd St., Yakima, WA, has submitted an application for construction of an approximate 20 ft. X 6 ft. solar awning nine feet above the sidewalk within the Central Business District, (CBD) zoning district. The awning is proposed to be constructed over the public right -of -way for the purpose of keeping patrons out of the weather and providing power for the nearby sign, 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 Steve Weise by application dated April 11, 2014 and designated as city Regulatory License No. RL- 30253, for an 20 ft. X 6 ft. solar awning nine feet above the sidewalk right -of -way at 17 N 3rd St; now, therefore, ADOPTED BY THE CITY COUNCIL this 17 day of June, 2014. ATTEST , �"� Micah Cawl= , Mayor i .94 City Clerk f� F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing Right -of -Way Use Permit for Steve Weise for the installation of an awning with solar panels overhanging in the right of way in front of 17 North 3rd Street. SUBMITTED BY: Steve Osguthorpe, AICP, Community Development Director (509) 575 -3533 Joe Caruso, Code Administration Manager (509) 575 -6257 SUMMARY EXPLANATION: Steve Weise, business owner of Leading Force Energy & Design Center, is requesting a Right - of -Way Use permit to install an awning with solar panels overhanging in the right of way in front of 17 North 3rd Street. Mr. Weise has also applied for a separate right of way use permit to install a sign over the right of way. 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: - City Manager RECOMMENDATION: 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 insurance prior to building permit issuance. ATTACHMENTS: Description Upload Date Type 0 Resolution 6/9/2014 Resolution 0 Staff Report - Steve Weise 6/9/2014 Backup Material 0 Application - Steve Weise 6/9/2014 Backup Material 0 Plans and Specs - Steve Weise 6/9/2014 Backup Material City of Yakima, Washington Department of Community Development Planning Division DATE: May 16, 2014 FILE NUMBER: RL -30253 APPLICANT: Steve Weise REQUEST: Right -Of -Way Use Permit to construct a 20 ft. X 6 ft. solar awning 9 ft. above the sidewalk at 17 N 3rd St. LOCATION: 17 N 3rd St., Yakima, WA STAFF CONTACT: Jeff Peters, Supervising Planner REQUEST Steve Weise is requesting a Right -of -Way Use Permit to construct an approximate 20 ft. X 6 ft. solar awning nine feet above the sidewalk at 17 N 3rd St. 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 3rd St. for the purpose of keeping patrons out of the weather and providing power for the nearby sign. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on May 6, 2014, for technical review of this request. No formal comments were received objecting to the request. 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. RECOM M ENDATION 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 r ',/;` 4.1!b. 1.1 ,, DEPIRTAIE\'T OF CONLII NITi'/IAD ECOAOM1C DL E E OPMEJ\'T '_ r- � ; Office of Code Administration if ''. 129 North Second Street, 2"" Floor Yakima, Washington 98901 '� ; ' (.509) 575 -6126 or 575 -6121 Fax (509) 576 -6576 .= codesfaxi. yakima.wa.us fvomb rildin rakima.com Ce t ' ,Ht �r;ot ti rsxa _ �� RIGHT OF WAY USE A PR x i 2p �n., � 1 4 REGU LICENSE APPLICATION C'T OF YMC Chapter 8.20 p LANN/ NG 8 J' Fee: $50.00 non refundable application fee (annual renewal fee is $25,00) QIZr ..AO -(a PAL LocA44,1 Applicant In o m e owner or occupie of adjacent I rope Name: 1,J • \A1 ' s 4 ap-( tea._. 5 ‘ d !\ Address: Qd NA 13 1 taxli FORM 1 h4r : v, t City: Co..t:� State: A. ` �i<p: �. Phone: 59A (a 7 - Samba Alternate Phone: SO \ �4q - �S 40 E - mail: , 48.....-nt..' o k _ Location: (5Lor&) fr esocation: 604%1 Lflkt (D v (J A,1 SDACQ / c t Purpose of Right of Way use: `l Type of Business Operated on Adjacent Proper CD C, et 1: t, 4-$.41,- 3 Please Provide: ❑ A scaled Site Plan 0 Plans and specifications for desired structure ❑ Evidence of commercial liability insurance, a copy of additional insured endorsement � shall be included. See insurance requirements below 1 Insurance Prior to the issuance of any permit pursuant to this chapter, the applicant shall fi le 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, 2009: Ord. 1672, § 1 (part), 1974). The issuance of this license does not entitle you to co duct business in violation of any federal, state or local laws applicable to the business operatio . Applicant Signature: AAA_ Date: L- t - k For Office Use Only Regulatory License #:R�� Amount Paid: $ ❑ Cash CC Direc or of Community Development ❑ Approved 0 Denied 0 Approved with Conditions Signature: Date: City Council ❑ Approved ❑ Denied ❑ Approved with Conditions i I Signature: Date: .. 111111111111111111111111 NS 111 1111 - jar g • t, . NM . a • L i ._ - ,,,..:;, t . • re- - . • ' j ii . 1 II 11 "wwwl NM 1 r : t Jig . pi _ _....... _ __ .. . . •.,.. ...., _____Th _•,,......______ _ a fil - �' IN-4' , i : 2�,�S� - o,� G OO' 1 'earth l " `r .r ` *` 2916 e e ) • Goggle earth ,tees 3 10 RECEIVED MAY 2 0 2014 CITY OF YAKIMA COMMUNITY DEVELOPMENT • y �`„ y,.• „ti- r i, i. , i , s _ - 'mss + ' : y, r ,t ,,,,\,,,,,,,,, .,-, -3. i; y a '' p"1, y �' I r -IA- Al \ �. e RECEIVED APR 11 2014 CITY OF YAKIMA PLANNING DIV. efr / 7 / 3 R 1 9 7; 0 �, RECEI APR Z 1 2014 Ctry ( r AlU1�gA PLANNING DIf ' j�aK IV E- '10 x40 1_bS - ryp cr= Cv -- 124 t$ 5 e Utz 6vk _3 i Gcl6.12 3ektn /7 #3,eo