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HomeMy WebLinkAboutR-2014-119 North 1st Avenue Right-of-Way Permit for Continued Use of Loading Dock RESOLUTION NO. R -2014 -119 A RESOLUTION authorizing issuance of a right -of -way use permit to allow the continued use of a loading dock within the public right -of -way along N. 1 Ave. 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 and industrial districts; and WHEREAS, Ottis E. Hollingbery, owner of the property commonly known as Hollingbery C.A. & Cold Storage at 202 North 1 Ave.., Yakima, WA, has submitted an application for the continued use and location of a loading dock within the public right -of- way on N 1 Ave., within the Light Industrial, (M -1) zoning district. The loading dock was constructed in 1957 for the purpose of supporting their existing cold storage business, 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 Otis E. Hollingbery on behalf of Hollingbery C.A. & Cold Storage by application dated August 1, 2014 and designated as city Regulatory License No. RL- 30321, for a loading lock within the public right -of -way on N. 1 Ave.; now, therefore, ADOPTED BY THE CITY COUNCIL this 7 day of October, 2014. ATTEST Micah Cawl , Mayor City Clerk Y �^ t I i ' ' 2 i : V f� F x .11 Ii ~ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: October 07, 2014 ITEM TITLE: Resolution authorizing Right -of -Way Use Permit (RL- 30321) for the Hollingbery CA & Cold Storage, to allow the continued use of a loading dock along N. 1st Avenue SUBMITTED BY: Joe Caruso, Code Administration Manager (509) 575 -6257 Joan Davenport, Community Development Director (509) 576 -6417 SUMMARY EXPLANATION: Hollingbery CA & Cold Storage is requesting a Right -of -Way Use Permit to continue the use of a loading dock located within the public right of way along North 1st Ave. The property is located within the Light Industrial (M -1) 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 26, 2014 and the loading dock poses no technical or code issues. The loading dock was constructed in 1957 for the purpose of supporting the applicant's existing cold storage business. 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: APPROVED FOR SUBMITTAL: - City Manager RECOMMENDATION: This proposal was reviewed by the City's Development Services Team (DST) on August 26, 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. ATTACHMENTS: Description Upload Date Type 0 Staff Report 9/18/2014 Backup Material 0 Resolution 9/18/2014 Resolution City of Yakima, Washington Department of Community Development Planning Division DATE: September 18, 2014 FILE NUMBER: RL -30321 APPLICANT: Hollingbery C.A. & Cold Storage REQUEST: Continuation of a Right -Of -Way Use Permit for the continued use of a loading dock along N. 1 Ave. LOCATION: 202 N. 1 Ave., Yakima, WA STAFF CONTACT: Jeff Peters, Supervising Planner REQUEST Hollingbery C.A. & Cold Storage is requesting the continuation of a Right -Of -Way Use Permit to continue the use of a loading dock built in the right -of -way along N. 1'st Ave. The property is located within the Light Industrial, (M -1) zoning district. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on August 26, 2014, for technical review of this request. No formal comments were received objecting to the request. CONCLUSIONS 1. The continued use of the loading dock in the right -of -way along N. 1 Ave. is inconsistent with the provisions of the Yakima Urban Area Zoning Ordinance in regard to their in the public right -of -way. However, a right -of -way use permit is required and has been requested to permit this feature within 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 the right -of -way use permit. 1