Encroachment & Revocable Permit - 117 E. Wayne St. - Four Stones, LLC - The Early Bird Eatery

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117 E Wayne St, South Bend, IN 46601 (574) 208-3806 | www.theearlybirdeatery.com Jennifer Stone | jenn@theearlybirdeatery.com May 31, 2022 Board of Public Works City of South Bend To whom it may concern: Regarding the mechanical HVAC unit that was installed for The Early Bird Eatery in the alley adjacent to 117 E Wayne St, South Bend, IN 46601 we are providing the additional details below in response to questions which arose following the application for installation of bollards at the same location. 1. Could the HVAC unit have been installed on the 2nd floor of the parking garage? Per our installation contractor, BW Cook, we could not install a kitchen make-up unit on the 2nd floor of the parking garage. The way the system was decided and the specifications for installation that came from Captive Aire, the manufacturer, the location on the second floor would not have been feasible and would have also hindered the operation of the unit 2. Could the unit have been installed higher up on the wall, above alley traffic? Once again, per our contractor, they could not mount the unit on the side of the wall due to weight restrictions. The unit is currently sitting on a stand that is 4 feet high which should be out of the way of traffic. They installed the system as close as they could to the wall to ensure it would not obstruct any oncoming traffic 3. Would those costs have added thousands of dollars to the effort, making it impossible to open a restaurant in that location? If we would have installed a unit on the second floor, we would have had to get additional permissions from the parking garage in order to do so which would have dramatically increased lead times and caused us to close the restaurant for weeks if not months. Also, per our contractor, in order to install the unit on the second floor of the parking garage, we would needed to