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HomeMy WebLinkAbout~Master - Encroachment Permit for fenced sidewalk cafe area at 2302 Lincoln Way RESOLUTION NO. 18-439 RESOLUTION APPROVING ENCROACHMENT PERMIT FOR FENCED SIDEWALK CAFE AREA AT 2302 LINCOLN WAY FOR THE CITY OF AMES WHEREAS,Starbucks Corporation is seeking approval for an encroachment permit that would allow a fenced area for a sidewalk cafe at 2302 Lincoln Way;the area is approximately 380.8 square feet,but will not affect use of the sidewalk; and, WHEREAS,this area has been operated as a sidewalk cafe by Starbucks since the time the building opened in 2015; and, WHEREAS, it should be noted that the sidewalk cafe operated by Starbucks does not meet all the requirements under the Sidewalk Cafe Code;in particular,the sidewalk cafe uses more than 50%of the right- of-way as measured from the building to curb(approximately 11 feet of the 19 foot right-of-way), and the fencing is permanently affixed to the pavement,which is prohibited in the Sidewalk Cafe Code; and, WHEREAS, to resolve these issues, staff has proposed that Starbucks obtain an Encroachment Permit; these permits are granted to entities that wish to affix things to the pavement or otherwise occupy the right-of-way in a permanent fashion; and, WHEREAS,in addition, Starbucks has applied for and received staff approval for a Sidewalk Cafe Permit; Starbucks would be required to adhere to all other regulations in the Sidewalk Cafe Code; and, WHEREAS,the Encroachment Permit has no expiration,provided the applicant maintains liability insurance on an ongoing basis; Starbucks will be required to obtain a Sidewalk Cafe Permit for each subsequent sidewalk cafe season; and, WHEREAS,the fee for this permit was calculated at$380.80,and the full amount has been received by the City Clerk's Office along with the certificate of liability insurance. NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Ames,Iowa,that the Encroachment Permit for a fenced area for a sidewalk cafe at 2302 Lincoln Way is hereby approved. ADOPTED THIS 3 1"day of July, 2018. Diane R. Voss, City Clerk John . Haila, Mayor Introduced by: Gartin Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson Voting nay: None Absent: Martin Resolution declared adopted and signed by the Mayor this 31'day of July, 2018.