HomeMy WebLinkAboutPermit - Sidewalk Cafe - Linden Grill
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
October 25, 2022
Mr. Alfanso Mack
Linden Grill
119 S. Michigan St.
South Bend, IN 46601
fonniemack@gmail.com
RE: Sidewalk Café Permit – Linden Grill
Dear Mr. Mack:
At its October 25, 2022 meeting, the Board of Public Works approved your
establishment’s Sidewalk Café Permit application for the hours of operation you provided
subject to proper ADA clearance from obstructions. Please be reminded that businesses are
required to adhere to the provisions of their Sidewalk Café Agreement. A copy is enclosed for
your records.
Please also be reminded that although the new application lasts for two (2) years from
the date of approval, the City requires businesses to provide an updated Certificate of Insurance
annually. We ask that you kindly mark your calendar with a reminder regarding this matter and
provide us with the appropriate information one (1) year from now.
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:
September 20, 2022
Matt Longfellow, Engineering Department
Gerard Ellis, Fire Department
Chris Dressel, Community Investment
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk
SUBJECT:
LOCATION:
SIDEWALK CAFÉ RECOMMENDATION –
Linden Grill
119 S. Michigan St.
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW,
BASED ON THE FOLLOWING ORDINANCE CRITERIA (Sec. 18-15):
1. The sidewalk cafe conforms to all regulations of the City and of all laws affecting
the use and maintenance of such business.
2. Outdoor cafés and seating areas shall be so located as to maintain maximum
sidewalk width and clearance for wheelchair accessibility which shall exclude that
portion of a sidewalk reserved as a protected bike lane. Sidewalk clearance is
required between outdoor café structures, landscaping or other barriers and the
curb or the closest edge of the separated bike lane. Maximum sidewalk wheelchair
clearance is presumed to be at least five (5) feet (sixty (60) inches) consistent with
Public Right-of-Way Accessibility Guidelines (PROWAG). However, under limited
circumstances, where strict compliance with the five (5) feet pedestrian sidewalk
ADA access would prevent, substantially impair, or render unfeasible the existence
of a viable sidewalk café, then the pedestrian ADA sidewalk access area may be
reduced from five (5) feet but to no less than four (4) feet to allow for a sidewalk
café. The request for a reduction of sidewalk width clearance will be approved only
if it is determined to be non-detrimental to the health, safety, or general welfare of
the public, including persons with disabilities. The City's ADA Coordinator should
be consulted where an exception is not clear or obvious. These requests must be
reviewed in the context of all requests, or potential requests, for use of public
sidewalk within the entire block. The request for a reduction of sidewalk width
clearance may be approved only if it is determined to be non-detrimental to the
health, safety, or general welfare of the public, including persons with disabilities.
Among the circumstances that may justify such departure from the prescribed five
(5) feet access are the following:
a. When a small vertical obstruction, such as a light pole, traffic control sign,
planter or affixed street furniture reasonably prevents the continuation of five
(5) feet clearance for a short distance of thirty (30) inches or less. If a distance
greater than thirty (30) inches is sought, there must be consultation with the
City's ADA Coordinator.
b. In instances where there is limited sidewalk width (fifteen (15) feet or less)
available and a separated protected bike lane is parallel to and on the same
vertical plane, level with, or an extension of the sidewalk, with no vertical
obstruction, then for a business purpose such as a sidewalk café, bike rack, or
other similar purpose, a portion of the protected bike lane may be authorized
for use to make up for the needed reduced sidewalk clearance width. The
required clear pedestrian path of not less than four (4) feet may extend into the
separated protected bike lane provided that a minimum of six (6) feet of that
bike lane is preserved solely for bicycle use (constituting five (5) feet of bike
path and a one-foot buffer between bikes and pedestrians). The applicant at its
expense shall display the City's prescribed form of Shared Zone signage to
alert users to the change in conditions.
3. The sidewalk cafe is not detrimental to the health, safety, or general welfare of the
public, including persons with disabilities.
4. The sidewalk cafe does not interfere with pedestrians or persons traveling along
the sidewalk.
PUBLIC WORKS: Favorable. NOTE: the drawing does not show a measurement of how
much clearance will be provided for pedestrians on the sidewalk, but based on the
dimensions of the café fencing, there will be a minimum 4 feet of clearance to the small
trees located in the sidewalk (as measured by Engineering inspector).
COMMUNITY INVESTMENT: Recommended for approval provided required ADA
clearances are met.
FIRE: Favorable
POLICE: Favorable recommendation
October 25, 2022