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Triad AppealCameron Jayne The Triad Theater Historic Wolf Building 102 Yelm Ave. E. Yelm, WA 98597 City Council of Yehn 105 Yelm Ave. W. Yelm, WA 98597 /13 September 2014 We at The Triad Theater, located in Yehn at 102 Yehn Ave. E., are making this formal, public request to use approximately 100 square feet of City owned sidewalk that is adjacent to the Historic Wolf Building, for the placement of outdoor furniture. I previously made this request to the honorable Mayor Ron Harding, and a copy of his response is attached. This letter begins by addressing that letter directly. In the Mayor's denial to my first request, in his letter dated August 21, 2014, he cited several reasons for the denial to place two tables and four chairs on the sidewalk abutting our building. First, he cited the Right -of -Way code and referred to Chapter 15.72 of said code. Upon review of this code, I see that the chapter he quoted refers to the placement of telecommunications within the road bed. It goes on to outline specific requirements for the placement of telecommunications cables, facilities and emergency repair of telecommunications. While I appreciate his response, I don't see how it pertains to the placement of two tables and four chairs on the sidewalk portion of the ROW. In fact, it doesn't seem germane at all because it does not address sidewalk usage whatsoever. If I am misreading the code, or if the Mayor misquoted the code, would you please elaborate? In the next paragraph of the Mayor's denial, he explains that structures or uses allowed in the ROW require a hold harmless agreement to be executed on behalf of the City. I am willing to execute such an agreement. The Mayor further explains that general liability insurance would be required. I am willing to comply with this request. In his final paragraph, he cited the American with Disabilities Act (ADA) as another reason for his denial. The ADA specifically states that 36" (3 ft.) of space is required to be open for the travel of wheelchairs and pedestrians. Let me explain to you my request and demonstrate why it meets those requirements. I have provided a site plan depicting my proposal to aid you in understanding how my request does indeed comply with the ADA. From the edge of the building wall to the edge of the curb it is a span measuring 10 feet. The outdoor furniture I wish to place on the sidewalk would use a MAXIMUM of five feet. This would leave an additional five feet of space for the pathway of pedestrian traffic. (10-5=5) The ADA requirement is three feet, so you can clearly see that my request more than meets the ADA requirement of three feet. Therefore, the denial citing the ADA is in error. When I was first told to remove the furniture by your building inspector, Gary Carlson, he stated that the rationale behind the request to remove the furniture was strictly for two reasons: 1. It was on City owned land and as such required the approval of the Mayor. 2. The furniture was in violation of the Yehn Vision Plan. Upon review of the Yehn Vision Plan I found a multitude of applicable references to allow just such a proposal. That is why I quoted the Vision Plan in my first request. Your denial seems to be in direct conflict with the Yehn Vision Plan, and my furniture seems to be in keeping with the intent of the Plan, specifically in regard to the Historic Wolf Building, which is a cornerstone of the overall Plan. Included in his letter the Mayor stated that he and his staff concluded that furniture is "not appropriate". I disagree. I want you to understand my rationale behind placing the furniture on the sidewalk outside of the door for my business. During some of our events, we often have an intermission. Because a number of our patrons are elderly, or infirm, and because our historic building does not have air conditioning, our patrons can get uncomfortable due to the building becoming quite stuffy. Some of our patrons choose to go outside to refresh themselves during the intermission. They cannot comfortably stand against the building to become refreshed. Having two tables and four chairs placed outside gives them a place to be comfortable. So I would argue that having this furniture outside is absolutely appropriate. And it is in keeping with the historic era of the building as well. The furniture is made of wrought iron, which was available in the early part of the last century, not plastic. It is very much in the style of the era that the building was constructed. I could also argue that due to the Washington State Health Code requirements, as enforced by the Thurston County Health Department, there is a requirement that all smokers be a minimum of 25 feet from the door of the business. In order to ensure that smokers are meeting that distance, the table farthest from the door would be at least 25 feet away from the door, so it is in compliance of the Health Department Code requirements. I am not only asking for permission from the City to place two tables and four chairs on the sidewalk, but I would be willing to go even farther to mitigate and ally any other concerns you may bring up. In fact, I would be willing to place signs up against the tables notifying the public that they must ensure that the five feet of open sidewalk remains unobstructed. I would also be willing to re -paint the curb yellow, because the existing paint has faded and isn't visible to traffic anymore. So in conclusion, I must again request your permission to place two tables and four chairs as close to the Historic Wolf Building as is possible. To be clear: this is to utilize a maximum of 100 square feet for the use of these tables and chairs ONLY. The furniture would be chained to the building to deter theft, and it has been freshly painted in soothing colors of forest green with gold highlights to make the fumiture compatible with the overall ambience of the historic zone within Yehn. I look forward to receiving your approval. With the utmost respect and sincerity, Cameron Jayne The Triad Theater Located in the Historic Wolf Building A -FIRST SrREer TABLE- j:' _ Sr0`�wALI� SCALE: 1 "=1 0' i CHAIR TABLE T 1 0 5 10 20 v CONCRETE SIDEWALK z 0 tit SCALE: 1 "=40' 0 20 40 80 W I- Q THE TRIAD THEATER 0 0 o A 'o _FIRST STREET D DOOR THE TRIAD THEA August 21, 2014 Cameron Jayne The Triad Arts Theater Yelm, WA 98597 Ms. Jayne: City of Yelm Mayor's office 105 YelmAuenue West Yedm, WA- 95597 Py This letter is in response to your desire to place tables and chairs within the public adjacent to the Triad Theater. The use of City rights-of-way, including public sidewalks is regulated b)V&a.pter15.72 Y Im Municipal Code, not the Zoning Code as you cite in your letter. I have c Butted w and am advised that the placement of the tables and chairs on the _-public7rtcdiwa—Ikin Oty- --- -awned-right-of way is notaPP p ro nate anddcarinot be permitted. f 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_ Sincerely, Roo ding, Mayor City bf Yelm (800) 4583244 (360) 458-4348 FAX mmm eiyebm wa.us