The URL can be used to link to this page

Home My WebLink About08/05/2014 05B Right-of-Way Use Permit for Fence on North 6th StreetBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.B. For Meeting of: August 05, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing Right -of -Way Use Permit (RL - 30232) for the Red Lion Hotel, owner Deepinder Mann, to continue use of a fence on N. 6th St. placed within the right- of-way SUBMITTED BY: Joan Davenport, Interim Community Development Director (509) 576-6417 Joe Caruso, Code Administration Manager (509) 575-6257 SUMMARY EXPLANATION: Deepinder Mann, owner of the Red Lion Hotel, is requesting a Right -of -Way Use Permit to continue the use of a fence placed in the right-of-way along North 6th Street. 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. This application was reviewed by the Development Services Team on June 24, 2014 and the fence poses no technical or code issues. Placement of the fence within the right if way is intended to provide more privacy and security for the rooms adjacent the public sidewalk. Resolution: X Other (Specify): Right -of -Way Use Permit Contract: Contract Term: Start Date: End Date: Amount: Ordinance: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Phone: APPROVED FOR RECOMMENDATION: Improve the Built Environment City Manager This proposal was reviewed by the City's Development Services Team (DST) on June 24, 2014, which found no impacts or issues that would prevent issuance of the permit. Staff therefore recommends approval of the Right -of -Way Use Pennit, subject to submittal of required liability insurance prior to building permit issuance. ATTACHMENTS: Description Upload Date Type Resolution Red Lion Hotel RL'30232 2014 Renn|utinn Staff Report - Red Lion Hotel - RL -30232 2014 IBaclkup Materliall Application and Site PIan Red Lion Hotel RL' 2014 Backup Mlate 11 all RESOLUTION NO. R -2014- A RESOLUTION authorizing issuance of a right-of-way use permit to allow the continued location of a fence on N. 6th 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, Deepinder Singh Mann, owner of the property commonly known as Red Lion Hotel at 607 E. Yakima Ave., Yakima, WA, has submitted an application for the continued location of a fence within the public right-of-way on N. 6th St. within the Central Business District, (CBD) zoning district. The fence has been constructed for the purpose of preserving the privacy of the hotel patrons, 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 Deepinder Singh Mann by application dated February 21, 2014 and designated as city Regulatory License No. RL - 30232, for a fence within the public right-of-way on N. 6th St.; now, therefore, ADOPTED BY THE CITY COUNCIL this 5th day of August, 2014. ATTEST: Micah Cawley, Mayor City Clerk 11111111111111111111111111 601111111 911:A7 " ° \ EWEN T 129 Narih S'ecotul Siree .k Wa.s iTio-ton 9 9 Photie (i)9) 575.6x11 m'W PM-y(41M111W(fr.g0r (i)9) 576.6576 City of Yakima, Washington Department of Community Development Planning Division DATE: July 18, 2014 FILE NUMBER: RL -30232 APPLICANT: Deepinder Mann owner of Red Lion Hotel REQUEST: Continuation of a Right -Of -Way Use Permit for the continued use of a fence built in the right-of-way along N. 6th Ave. LOCATION: 607 E. Yakima Ave., Yakima, WA STAFF CONTACT: Jeff Peters, Supervising Planner REQUEST Deepinder Mann is requesting the continuation of a Right -Of -Way Use Permit for the continued use of a fence built in the right-of-way along N. 6th Ave. The property is located within the Central Business District, (CBD) zoning district. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on June 24, 2014, for technical review of this request. No formal comments were received objecting to the request. CONCLUSIONS 1. The continued use of a fence in the right-of-way along N. 6th Ave. is consistent with the provisions of the Yakima Urban Area Zoning Ordinance in regard to their location and height above the public right-of-way. However, a right-of-way use permit is required to permit these features within 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 the right-of-way use permit. Artlaaara75-6/26 • Planning (50 57 COMM! MTV DE1" E LOPMENTDEPARTMENT Code Administration Division 129 North Second Street, 2"`` Floor Yakima, il'ushington 98901 (509) 575-6126 Fax (509) 576-6576 Codes(ayukinwwa.g(,t, www.builrlingyakima.cony RIGHT OF WAY USE - REGULATORY LICENSE APPLICATION YMC Chapter 8.20 Fee: $50.00 non refundable application fee (annual renewal fee is $25.00) Applicant Info (must be owner or occupier of adjacent property): Name: ,r11Nn�m �N111N or W�9 0 Uk I�� q� llj� �0ii�aa Ntlnlw„ma � Irumi!�Ndr",r °m'� r � \\�III�� °��m i��I n klymll(0 Address: City:�� / /74 State: f��Q }Zip: gs.94/ E-mail:hone: Phone: /5,09 �� y9° -a_ Alternate Phone: 97/ 373 _ Location: Describe Location: ceic/Gez on.o Ne,R 7 Purpose of Right of Way use: � y1.1p re, r�h Type of Business Operated on Adjacent Proper�ty.- Please Provide: ❑ A scaled Site Plan ❑ Plans and specifications for desired structure C1 Evidence of commercial liability insurance, a copy of additional insured endorsement ..,:.,.m, shall be included. See insurance requirements b Insurance: Aq below Prior to the issuance of any permit pursuant to is 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 riot less 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 ci_t,yy. of Yakima named as an arty, insuring against liability from injury or damage resuming ropplicant'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 conduct business in violation of any federal, state or local laws applicable to the business operation. Applicant Signature: Date: 14 For Office Use Only Regulatory License #:3 002 �jf;?--_ Amount Paid: $ Director of Community Develoent ❑ Approved ❑ Denied LI Approved with Conditions 0 Cash 0 Check Signature: Date: Community Review Board ❑ Approved LI Denied 0 Approved with Conditions Signature: Date: (o07 E. Yakout Ave. 1IL,kem a7 ?ivy by Cants° -47v—'1 iQ1g xx *N. * Ig a. * al rkarsxat. x A I ,7 '1VM 3c %c