HomeMy WebLinkAboutR-2014-099 Right-of-Way Use Permit for Fence on North 6th Street RESOLUTION NO. R- 2014 -099
A RESOLUTION authorizing issuance of a right -of -way use permit to allow the
continued location of a fence on N. 6 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. 6 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. 6 St.; now, therefore,
ADOPTED BY THE CITY COUNCIL this 5 day of August, 2014.
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ATTEST: Micah Ca ey, Mayor
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ity Clerk * cy o
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.B.
For Meeting of: August 05, 2014
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 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: Improve the Built Environment
Insurance Required? Yes
Mail to:
Phone:
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APPROVED FOR =`
SUBMITTAL: • City Manager
RECOMMENDATION:
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 Permit, subject to submittal of required liability
insurance prior to building permit issuance.
ATTACHMENTS:
Description Upload Date Type
0 Resolution - Red Lion Hotel - RL -30232 7/18/2014 Resolution
0 Staff Report - Red Lion Hotel - RL -30232 7/18/2014 Backup Material
Application and Site Plan - Red Lion Hotel - RL 7/18/2014 Backup Material
30232
4.: '' ' �� s, COMMUNITY DEVELOPMENT DEPARTMENT •
� 129 North Second Street, 2nd Floor, Yakima, Washington 98901
Phone (509) 575 -6113 • Fax (509) 576 -6576
. , www.yakimawa.gov
City of Yakima, ashin ton
De artment of Community De elo ment
Plannin Di ision
DATE: July 18, 2014
F E NUMBER: RL -30232
APP CANT: Deepinder Mann owner of Red Lion Hotel
RE UEST: Continuation of a Right -Of -Way Use Permit for the continued use
of a fence built in the right -of -way along N. 6 Ave.
OCAT ON: 607 E. Yakima Ave., Yakima, WA
STAFF CONTACT: Jeff Peters, Supervising Planner
RE UEST
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. 6 Ave. The property is located within the
Central Business District, (CBD) zoning district.
FNDN S
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.
CONC US ONS
1. The continued use of a fence in the right -of -way along N. 6 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.
RECOMMENDAT ON
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.
Yakima
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Code Administration (509) 575 -6126 • Planning (509) 575 -6183 • Office of Neighborhood & Development Services (509) 575 -6101
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;t,,: ;ti .> (509) 575 -6126 Fax (509) S76 -6576
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RIGHT OF WAY USE -
REGULATORY LICENSE APPLICATION
YMC Chapter 8.20
Fee:
SCANNED
�
$50.00 non refundable application fee
(annual renewal fee is $25.00)
Applicant Info (must be owner or occupier of adjacent property): �
Name: ; , _
Address: „ - A e _' .• A��
C hore: 7 !l f -llN State: /..c,"4 __Zip : `f,'94/
- Alternate Phone: 97/ 373 - /YAW r)
E -mail:
Location:
Describe Location: ct....ve ' t� ' ,A, . ,Li 6 5� ,.�
Purpose of Right of Way use: - r
Type of Business Operated on Adjacent Prope : n�� -c�'��
Please Provide:
❑ A scaled Site Plan
LI Plans and specifications for desired structure
Evidence of commercial liability insurance, a copy of additional insured endorsement
1 _______ shall be included. See insurance requirements below.
Insurance: 1 '
Prior to the issuance of any permit pursuant to is chapter, t he applicant shall file with the
community and economic development director or his /her designee evidence of comprehensive
public liability insurance, with limits of not 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 city. of
Yakima named as an insuy e dparty, insuring against liability from injury or damage resulting
�rorri 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 conduct business in violation of any federal, state or local laws
applicable to the business operation.
Applicant Signature: j L Date: a._ a1 - 14
For Office Use Only
Regulatory License 4 O02 3a___ Amount Paid: $
Director of Community Development
ent Cash ❑Check
0 Approved 0 Denied 0 Approved with Conditions
Signature:
Date:
Community Review Board
0 Approved 0 Denied 0 Approved with Conditions
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Signature:
Date:
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