ORDINANCE NO.:

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1 ORDINANCE NO.: Granting an encroachment to Peace, Love and Rocky Roast for placement and maintenance of one concrete and granite step, a portable handicapped ramp, and two (2) planters within the sidewalk right of way adjacent to 925 Gervais Street, Richland County TMS # WHEREAS, Peace, Love and Rocky Roast, (hereinafter "Grantee") desires to utilize a portion of the sidewalk right of way area adjacent to 925 Gervais Street, Richland County TMS # , for placement and maintenance of one concrete and granite step approximately one (1') foot in height and four (4') foot eight (8") inches in length; a portable handicapped ramp approximately four (4') feet in width and four (4') feet in length; and two (2) planters approximately fifteen (15") inches in height and fifteen (15") inches in diameter, as shown on the attached drawing; and, WHEREAS, the planters shall be placed adjacent to the building to prohibit obstruction of pedestrian movement, and interference with pedestrian movement or the parking lane and disturbance of existing trees and roots shall be prohibited; and, WHEREAS, it appears that the encroachment will not interfere with the use of the sidewalk or street for traffic, utility locations or other uses within the foreseeable future; NOW, TH ERE FORE, BE IT ORDAINED by the Mayor and City Council of the City of Columbia, South Carolina, this day of, 2011, that Grantee, its successors and assigns, is hereby granted the right to utilize a portion of the sidewalk right of way area adjacent to 925 Gervais Street, Richland County TMS # , for placement and maintenance of one concrete and granite step approximately one (1') foot in height and four (4') foot eight (8") inches in length; a portable handicapped ramp approximately four (4') feet in width and four (4') feet in length; and two (2) planters approximately fifteen (15") inches in height and fifteen (15") inches in diameter, as shown on the attached drawing, as shown on the attached drawing. ALL WORKSHALL COMPLYwith the requirements ofthe City of Columbia and South Carolina Department of Transportation now in existence or hereafter enacted. The materials and type of finish to be used are to be approved by the City Engineer prior to installation. Any damage to the street or sidewalk caused by construction or maintenance shall be repaired to the satisfaction of the City Manager. Improvements constructed within the encroachment by or on behalf of Grantee shall be maintained by the Grantee at no cost to the City in a manner approved by the City Manager. PROVIDED, HOWEVER, that in exercising the privileges granted under this ordinance, Grantee, its successors and assigns, will indemnify and save harmless the City from any and all claims or causes of action which may arise by reason of the construction or maintenance of the aforesaid encroachment. PROVIDED FURTHER that the privilege granted hereby is subject to the Grantee complyingwith the following conditions, restrictions or limitations:. 1. No item shall be placed that creates a visual impediment to persons safely entering or exiting the building, adjoining driveway or walking along the sidewalk. The City reserves the right to remove any item located within the right of way which it deems to be a safety hazard; and, Last revised: 8/12/

2 2. The location of the planters shall not impede the path of travel for the assigned exit discharge of the adjoining building; and, 3. The planters shall be placed adjacent to the building so as to allow five (5) feet of passageway along the sidewalk at all times and not obstruct pedestrian movement and vehicle movement and parking, and shall be of durable material and weighted to withstand strong winds; and, 4. Grantee is responsible for all maintenance and assuring that all accessibility and ADA requirements are met and maintained and interference with pedestrian movement or the parking lane and disturbance of existing trees and roots shall be prohibited. PROVIDED FURTHER that the privilege granted hereby may be modified or terminated by Columbia City Council at any time without notice to the Grantee, its successors and assigns. PROVIDED FURTHER that a certificate of insurance be issued as evidence of general liability insurance with at least the minimum amount of $600, for personal injury and property damage and naming the City as an insured, be provided to and filed annually with the City Clerk by Grantee, its successors and assigns, as required by Chapter 11, Licenses, Permits, Business Regulations, Article III, Contractors, Sec , 1998 Code of Ordinances of the City of Columbia, South Carolina. BE IT FURTHER ORDAINED that Grantee, in consideration of the above privilege, shall at its expense provide for protection and, if necessary, relocation of all utilities that might be within this area to the satisfaction of the City Manager. Requested by: Peace, Love and Rocky Roast Approved by: MAYOR City Manager to form: ATTEST: Ci ttorney troduced: Final Reading: City Clerk Last revised: 8/12/ S6

3 REQUEST FOR AN ENCROACHMENT ORDINANCE For a continuing encroachment on any type of property in which the Oty has an interest (i,e., rights o{ way, tree zone, sidewalk, streets), the person or entity Is required to have an encroachment ordinance enacted by Oty Council permitting the encroachment Encroachment ordinances are required for but not limited to: irrigation systems; landscaping; fencing; walls; pavers; walkways; outdoor dining items (chairs, tables, umbrellas, etc.); awnings; bollards and directional signs (I.e., churches) Business signs are NOT perm/lied via an encroachment. An encroachment must comply with all exi5ting City codes. roles and regulations. the Americans with Disabilities AC!. If applicable and Is subject to review and approval by City starr. [nadment of the encroachment ordinance by a maiodly vote of OW Coundl. which is a discretionary legislarlye ad. Is also required. to order to obtain an encroachment ordinance from the City of Columbia. It will be necessary for the Oty of Columbia 10 be named as an additional insured on your homeowners' polic with limits being increased to $600 QQQ as required by Sec It is recommended that you contact your insurance provider 10 determine if il wm name Ihe Oty pf ColumbIa as an additignal insured prior to sybmilling your request for an encroachment ordinance. If you have any questions concerning these requiremen<s, please coniad Chip TImmons wah Risk Managgmenr, Please complete and submit this form along with any attadlment(s) to Shari Ardis by at slardis@columblasc.net ; fax at ; or mail 10 Shari Ardis, Legal Department. POB 147 Columbia, SC 29217, {or preparation of an encroachment ordinance. Copies to City depaitments should be directed to the contact person {or that department as shown below and not through the Legal Department. Chip Timmons with Risk Management ( or catimmons@columblasc.net) should be con, ct regarding the 'nsurance requirements. Date'~' '~\.-L\~ L~J.[:J\ \ Property Ow r:y-i~~~~~l.j.l.<~~---r--r---=-----~--' Applicant's N.1me ir dlf{erent from Property Owne'!r:... ~~~~~\""L-="-.!o...:J::::.,.-.)ClL...l...::...-I.~H-s:;.,..:lL. ---,- Contact In{ormat on: lephone Number'"",=,, """-'--,Io!l-""'--~~"-'-<-== Mai ling address: Encroachment Location (Ad ress):,----;~~~~~~~~~..::;~',lj:;a:~...il.~i,xll~~;:...,~~~!i:j-~):\ (If comer lot, include name and block number T~M~Num~rbfucroKhmeM~ca~n~'~~~~~~~~~ om ~~=========c~;==~============================================ EncrDachment type:wall Fence Columns v'-;,slrrigation System LandscapinB-- Driveway Pavers Walkway/51 Ik Underground Utilities other If Other - sped{y:-+'~~=-"""-7--,-.".,,...,.-r Dimensions (helght/wldlhllengthl:... --L.~~...lo-~ (I.e., 6'x42' wooden privacy fence; lwo 12"x4' concrete step; two 2"x12" x24' brick columns; 4'x1 5' brick paver walkway) Construction material: '. Please provide pholographs and drawing or site plan d 'In 10 scale - no larger than 8-1/2 x 11. ==================:====================================================== Church Directional Signs (Must provide picture or drawing of proposed signs that reoect dimensions) j N I Location(sl signs are to be placed (I.e. Northeast comer of Main Street) Iw-$-s 1 I I = Businesses only: Outdoor dining No. of chairs: No. onables Hours of operation {or outdoor dining: Number of planters: Awning: (dimensions - size/material) Other: (or complete applicable 'Encroachment type" section above) The proposed ordinance will be sent to the requesting party and City offices for review and approval. I<rista Hampton will compile the recommendations and forward them to the City Clerk for scheduling before City Council. This process may take from days. Contact Department Telephone Number Fax Number Joey Jaco Utilities & Engineering Missy Gentry Public Works Krista Hampton Planning and Development Services Jerry Thompson Building Offlcial B699 Sara Hollar Forestry & Beautification Amy Moore Historic PreservatJon Fred Delk Columbia Dev. Corporation Chip TImmons Risk Management Dana Higgins Construction Management David Brewer Traffic Engineering Robert Sweatt Street Division Jonathan Chambers Planning and Development Services Carmen Floyd FIre Marshall Nancy Lee Trlhey Planning and Development Services John Fellows Planning and Development Services LR 1/25/2011

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7 CITY COUNCIL ENCROACHMENT SUMMARY '.. (1). " ~.,.".../ Adjacent to 925 GERVAIS STREET Subject Property: Council District: Proposal: Applicant: Staff Recommendation: Conditions: Adjacent to 925 Gervais Street 2 Request approval to for installation and maintenance of one concrete and granite step approximately one (I') foot in height and four (4') foot eight (8") inches in length; a portable handicapped ramp approximately four (4') feet in width and four (4') feet in length; and two (2) planters approximately fifteen (15") inches in height and fifteen (15") inches in diameter. Peace, Love, and Rocky Roast Approve Standard conditions Detail: This tenant space has been redeveloped into a coffee house. The fayade renovation included a new door, which opens into the sidewalk, which is not compliant with current building codes. The Building Board of Adjustment approved a variance provided planters are placed adjacent to the door so that there won't be a conflict with pedestrians. This also necessitated a solution to provide ramped access into the store that would project into the sidewalk. These require an encroachment. Staff finds no adverse impacts provided the ramp meets ADA requirements. CITY AGENCY COMMENTS FOR ENCROACHMENT Planning & Development Recommend Approval provided ramp meets ADA requirements Streets Recommend Approval Utilities & Engineering Recommend Approval Traffic Engineering Recommend Approval Fire Department Recommend Approval Forestry Recommend Approval Land Development Recommend Approval PAGE 1 OF1

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