Triad Theatre Outdoor Seating CorrespondenceCity of Yelm
Mayor's Office
105 Yelm Avenue West
Yelm, WA 98597
August 21, 2014
Cameron Jayne
The Triad Arts Theater
P.O. Box 2040
Yelm, WA 98597
Ms. Jayne:
This letter is in response to your desire to place tables and chairs within the public right-of-way
adjacent to the Triad Theater.
The use of City rights-of-way, including public sidewalks is regulated by Chapter 15.72 Yelm
Municipal Code, not the Zoning Code as you cite in your letter. I have consulted with my staff
and am advised that the placement of the tables and chairs on the public sidewalk in City
owned right of way is not appropriate and cannot be permitted.
When structures or uses are allowed in the public right of way, the business is required to sign a
hold harmless agreement with the City in the event that there was any claim for damages or
injury due to the use of the public sidewalk for a private business purpose.
Additionally, general liability insurance in the amount of $2,000,000 is also required to be
maintained by the business with the City as an additional named insured.
While those issues could be addressed, there is simply not enough space along this particular
sidewalk to accommodate the tables and chairs while maintaining a safe pedestrian pathway
that also meets the requirements of the American's with Disabilities Act.
Siin'cerely,
Ron ding, Mayor
City fYelm
(360) 458-3244
(360) 458-4348 FAX
www.ei.yelm.wa.us
Friday, August 1, 2014
Dear Mayor Ron Harding,
Hi Mayor Ron!
This is Jayne from the Triad Arts Theater.
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AUG 13 2014 I,
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I recently purchased strong durable patio tables and chairs and painted them historic green to
match the outside of the theater to benefit the community. They created a nice ambiance
outside as well as providing shelter from the harsh sun and rain for pedestrians. I also thought
they would provide the guests of the theater a place to sit comfortably outside before the
doors open as it is at times unbearably hot outside on that side of the building.
(Many people attending the theater, are senior citizens on walkers. And many are overweight. I
feel I need to provide some shade and seats for them while they are outside on breaks or
waiting for tickets.)
Unfortunately, it was brought to my attention that the entire sidewalk belongs to the city. So I
need your permission in writing to be able to use part of the sidewalk for that purpose.
The tables and chairs with umbrellas benefit the community at large by following the intent of
the code by "creating a friendlier pedestrian environment" (a direct quote from city code)
because the city itself is interested in drawing pedestrian traffic to the core of the downtown
business district.
Quote from the code: municipal code 17.03.040 under exemptions #D where they allow for
other improvements such as telephone booths and benches for bus stops.
(If a bench is allowed on the curb, then tables and chairs against the building follows the intent
of that code too, don't you think?)
The city sidewalk on that side of the theater goes all the way up to the building. It is unusually
wider than most of the city sidewalks in Yelm. It is 9+ ft whereas most city sidewalks are 5 ft
wide.
It seems more than enough space to accommodate this comfort to the community.
Could I please have your permission to put the tables and chairs back out? Or at least a
temporary permission until I can go through whatever formalities are necessary to get this
legally approved?
Could you please help me?
I will gladly meet with you to show you the patio sets at the side of the theater if you would like
and sit outside and chat with you under the umbrella shade with a glass of lemonade anytime!
This is a time sensitive issue and I would greatly appreciate any help in making this happen
quickly while the heat is causing many to suffer outside the building.
Sincerely,
Jayne of the I riati Theater.
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