102 Yelm Ave East - Mayor LtrV, T HE'o�
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YELM
WASHINGTON
August 21, 2014
Cameron Jayne
The Triad Arts Theater
P.O. Box 2040
Yelm, WA 98597
Ms. Jayne:
City of Yelm
Mayor's Office
105 Yelm Avenue West
Yelm, WA 98597
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.
(360) 458 -3244
(360) 458 -4348 FAX
www.ci.yelm.wu.us