HomeMy WebLinkAboutEncroachment & Revocable Permit - 117 E. Wayne St. - Four Stones, LLC - The Early Bird Eatery
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
July 26, 2022
Ms. Jennifer Stone
The Early Bird Eatery / Four Stones, LLC
917 Leland Ave.
South Bend, IN 46616
jenn@theearlybirdeatery.com
RE: Encroachment into Public Right-of-Way – 117 E. Wayne St.
Dear Ms. Stone:
At its July 26, 2022 meeting, the Board of Public Works approved your request for the
installation of makeup unit (HVAC system) and concrete bollards to protect the gas line on the
HVAC unit at 117 E. Wayne St. This encroachment was approved subject to the improvements
not becoming a safety hazard. Enclosed please find copies of the permit and application.
The encroachment will be permitted to remain and continue until such time as the Board
of Public Works of the City of South Bend shall determine that such encroachment is in any way
impairing or interfering with the highway or with the free and safe flow of traffic thereon. Said
encroachment shall not in any way prejudice or preclude the City’s rights with respect to the
future use of that portion of the right-of-way.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE:
TO:
June 1, 2022
Matt Longfellow, Engineering Department
Gerard Ellis, Fire Department
Chris Dressel, Community Investment
FROM: Theresa Heffner, Clerk
SUBJECT:
ENCROACHMENT RECOMMENDATION
Revocable Encroachment – The Early Bird Eatery/ Four
Stones LLC.
LOCATION: 117 E Wayne St.
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW,
BASED ON THE FOLLOWING CRITERIA:
1. It has been determined that this encroachment in no way impairs the highway or
with the free and safe flow of traffic thereon, and it is recommended that the
encroachment be permitted to remain.
2. Said encroachment shall not in any way prejudice or preclude the City’s rights with
respect to the future use of the portion of the right-of-way.
PUBLIC WORKS: Favorable, pending Applicant meeting with Board of Public Works at
Agenda Review
COMMUNITY INVESTMENT : Favorable, pending Applicant meeting with Board of Public
Works at Agenda Review
FIRE: Favorable
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
117 E Wayne St, South Bend, IN 46601
(574) 208-3806 | www.theearlybirdeatery.com
eliminate up to four parking spots for clearance. This also would have
required additional approvals from a structural engineer in order to run
ductwork through the garage concrete and down the side of the
building back into the opening where the alley is located. We would also
have needed to redesign the make-up unit. The current unit required a 5
month lead time and altering the make-up air would have required
additional time for production.
Our contractor discussed the location of the make-up unit in the alley with both
Mechanical inspectors from the City of South Bend building department. We were
under the impression that this was approved based on the original drawing
location of the make-up unit. Both Mike and Damien were there for the discussion
on the location of the exhaust and were informed where the make-up was going
to be installed. Our contractor was informed that as long as the Unit was not
protruding past the line of the current dumpsters that it would be fine.
Also, I would like to reiterate that there is a sidewalk and exit ramp further down
the alley, which boarder the only other exit to the alley, and which encroach on
the right of way, reducing it to a 9ft 4in pathway for entering and exiting vehicles.
I have included pictures of this as well, since these are permanent structures
which reduce the right of way much more than our make-up air and dumpsters
do.
I am happy to answer any other questions and can be reached via email at any
time.
Sincerely,
Jennifer Stone
July 26, 2022