The case against granting encroachment rights on residential right of way at Wellington & Hertel.

1. Opposition to Subway Storage of Garbage on Wellington Road WellingtonWatch

2. Hertel - Wellington is Not a Suitable Location This type of business cannot operate without concessions from the city In this case, it would require encroachment into city right-of-way Applicant is seeking encroachment into right –of- way on a residential street

3. Code Violation City sanitation code forbids placing garbage totes on street prior to 5:00 PM the evening prior to pickup. 216-14

4. Proposed business is unlikely to succeed Chain restaurants have been unsuccessful on Hertel area due to dominance of established popular locally owned businesses. Domino’s, Pizza Hut, McDonalds and a previous Subway have all opened and closed their restaurants on Hertel. The proposed location is a short walk from no less than a dozen simlar businesses

6. Franchises provide only a fraction of the benefit of locally owned and operated restaurants Local restaurants pay no fees to outside entities. Local restaurants purchase their produce, baked goods, meats and equipment from local wholoesalers. Franchises buy their fixtures and food through the parent corporation.

7. Parking is already an issue on Hertel Popularity of existing Hertel businesses already exhausts available parking in the area. Violation of parking rules creates a revenue stream for the city, however it creates unsafe conditions for the residential streets that connect with Hertel.

8. There are numerous alternative locations that are suitable for this type of enterprise Locations with parking and with property for storing refuse

9. Deviates from Subway Template for Success Existing successful Subway franchises in the area have a few things in common: Ample Parking Space for storing refuse Engaged ownership Support from the community This location offers only 1/4

10. If the city is to support this ill advised venture, encroachment should be on commercial side of property, not residential Building next store already ignores city sanitation ordinance – additional totes are only marginally less attractive than those already there Right of way is already encroached 60 feet west by Shadow Lounge “Temporary Patio”

12. Attractive Garbage Tote Structure Not sure what this would look like, but if it must be constructed, it would surely look equally attractive on the commercial front of the property.

13. Safety hazard Will block view of traffic turning onto Wellington when backing out of driveway

14. Eyesore Front window of home on Wellington would look directly on garbage structure. The business across the street (another sub shop) and the restaurant next door already share a dumpster. The owner is encouraged to enter into an arrangement with them.

15. Summary This is not a suitable location to begin with. If garbage must be kept adjacent to the building, it should be kept on the commercial property side, not the residential. Any structure on the residential street will be an eyesore, will lower property values and will be a safety hazard. Over 200 neighbors, business owners and business patrons have signed a petition in opposition to the totes being stored on Wellington