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<br />INTEROFFICE MEMORANDUM <br />BOARD OF PUBLIC WORKS <br /> <br />DATE: <br /> <br />TO: <br />August 2, 2023 <br />Kyle Ludlow, Engineering Department <br />Gerard Ellis, Fire Department <br />Chris Dressel, Community Investment <br />Brad Rohrscheib, Police Department <br /> <br />FROM: Theresa Heffner, Clerk <br />SUBJECT: <br /> <br />LOCATION: <br />SIDEWALK CAFÉ RECOMMENDATION – Spirited, LLC <br /> <br />105 E. Jefferson Blvd. <br /> <br />PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, <br />BASED ON THE FOLLOWING ORDINANCE CRITERIA (Sec. 18-15): <br /> <br />1. The sidewalk cafe conforms to all regulations of the City and of all laws affecting <br />the use and maintenance of such business. <br /> <br />2. Outdoor cafés and seating areas shall be so located as to maintain maximum <br />sidewalk width and clearance for wheelchair accessibility which shall exclude that <br />portion of a sidewalk reserved as a protected bike lane. Sidewalk clearance is <br />required between outdoor café structures, landscaping or other barriers and the <br />curb or the closest edge of the separated bike lane. Maximum sidewalk wheelchair <br />clearance is presumed to be at least five (5) feet (sixty (60) inches) consistent with <br />Public Right-of-Way Accessibility Guidelines (PROWAG). However, under limited <br />circumstances, where strict compliance with the five (5) feet pedestrian sidewalk <br />ADA access would prevent, substantially impair, or render unfeasible the existence <br />of a viable sidewalk café, then the pedestrian ADA sidewalk access area may be <br />reduced from five (5) feet but to no less than four (4) feet to allow for a sidewalk <br />café. The request for a reduction of sidewalk width clearance will be approved only <br />if it is determined to be non-detrimental to the health, safety, or general welfare of <br />the public, including persons with disabilities. The City's ADA Coordinator should <br />be consulted where an exception is not clear or obvious. These requests must be <br />reviewed in the context of all requests, or potential requests, for use of public <br />sidewalk within the entire block. The request for a reduction of sidewalk width <br />clearance may be approved only if it is determined to be non-detrimental to the <br />health, safety, or general welfare of the public, including persons with disabilities. <br /> <br /> <br />Among the circumstances that may justify such departure from the prescribed five