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HomeMy WebLinkAboutPermit - Sidewalk Cafe - Dainty Maid1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Austin Cabello PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 23, 2023 Dainty Maid Food Hall/The Breakfast Club South Bend 231 N. Michigan St. South Bend, IN 46601 austin&hauntofhounds.com RE: Sidewalk Caf6 Permit — 231 N. Michigan St. Dear Mr. Cabello: At its May 23, 2023 meeting, the Board of Public Works approved your establishment's Sidewalk Cafe Permit application for the hours of operation you provided subject to parking signs and walkway around tables to follow ADA minimum clearance widths and requirements. Please be reminded that businesses are required to adhere to the provisions of their Sidewalk Caf6 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: May 3, 2023 Kyle Ludlow, Engineering Department TO: Gerard Ellis, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION — Dainty Maid Food Hall/The Breakfast Club South Bend LOCATION: 231 N 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 cafes 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 cafe 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 cafe, 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 cafe. 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 cafe, 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: Parking signs will need to be taken into account for proper ADA walkway around tables. Favorable if followed COMMUNITY INVESTMENT: Favorable recommendation contingent upon meeting ADA minimum clearance widths and other requirements. FIRE: Favorable POLICE: Favorable recommendation SIDEWALK CAFE APPLICATiON CIOV �Ii SOLIt11 C-cind - C-001-C QP P iblic b�e•ri�� '_'' �V.1er`�r�:n E��l�v.tl L. �Cc..I�• I. = South rid. IN ���� i C- REST URANTMU`INESS INFQRN1ATIQN: 1i1f!il Qr Rest.]Uf:1rCr F1.�11�i:SS; Cainty i IJa FV��u} E +J ` Tho 01,, okl3;t �� uL '-Zo lt1 Utn tk_ ^':t N I�IiCRi�;�t1 St Sout16 �-tt0, 1N -IQ&"It ,address of Fr-QLvsi2L SidcwaIk CJ�e': �-- _. 2043 sCuth Send Aw 19:.So �h Fc�nv• iN I '0'. APPLICANT INFL1RKATION: Applicant legal Name. Tht S-m6tast Ciuo Suuu� t;om!. LL1. Phe�ne: Or 7 Y5 155 O8I`)�, Title: a 0tivner CQ ht.;nagcr Q Other Email Addre-�: austin OLE hauntofhounds.com ! INCLUDE THE FOLLOWNG ITEMS WITH YOUR APPLICATION: ISN-ompletcd application including $ 10 fee, Make checks p�iyable to City cat South Benv. Q Site plan depicting the proposed sidewalk cafe showing placeni ntldimensionS. [!�Completcd Agreement ❑ Ccrtiilcate of Insurance (31,000,000, occurrrnte and S3Qt.).C)0Q Lerst?n namil►j; the C itV of South Gcnd as additional Insured? AFFIRMATION I. the undersigned, agree that I will abide by all of the provisions 0 Section IS-1S kit they South Bend Municipal Code and with ill the provisions statcel abcivc ,t� conditions of th;' issuance of this Permit. I further agree to hidemnify, d0end and hold h wrrtllcss the Cit. of South Bend From any liability, loss. cost. darnaCze or expenses, locluding attorney fee-, which the City may suffer or Incur as the result of any use of the public sidewalks for a sidewalk cafe as permitted herein. I do hereby certify and of firm th�it till the information give+t itt thi: application is true to thCbe of my K�iowfed�r. Signature of Applies t - Date*: --- -- —.__ OFFICE USE ONt_ Y- Oste Received: Fce Paid. t14vprV01 Ootc: I p AGRCI:MI'NT FOR TCMPORARY USL OF TI IL' VUULIC SIDILWALI(1=OR A SIDI'MALI(CArC 1 hIs AllreCmc►)t ig crllert±d lilt thls —,�, day n(A I _ , 20) S , by ,u►cl hetweer► tl►r City cif louII tit? IT Indiana h aqjI throtillh It*; Ilu.ird of Public: Work,4 (Itcrclr►�►tlr.r, (hcreina(ter, 'I'vi-mit tee"). WHEREAS, Permittee hos made application to tho City fur a permit to use a portion of the public sidewalk fora sidewalk ca(6 in front of Permltic-6 business at: Business Name : � �►-,���� � �� �. City, State, Zip: )awl, &-,k. cm L«)4j( Emall Address: 0 -u S t I n IN&.VvJEPA uU.v(S, cc, Contact Phone: S-7kI '~S,i - *f' WHEREAS, the site for the proposed sidewalk cafe has been reviewed by tale City's Board of Public Works, and it has been determined that allowing Permittcc to utilize a portion of the public sidewalk at that location will not interfere with pedestrian traffic along the sidewalk; and WHEREAS, the City has reviewed the Petitioner's application, along with the drawing, descriptions, and or Information sufficient to enable: the City to determine that the exterior perimeter of the proposed sidewalk cafd will be In compliance with the guidelines for that area, and the City has approved the perimeter design of the proposed sidewalk cafe; and WHEREAS, the City has determined that operation of a sidewalk cafe at the location proposed In the site plan provided will not be detrimental to the health, safety, or general welfare of the public. NOW, THEREFORE, In consideration of the mutual covenants herein contained, it is agreed by the parties hereto as follows: 1) Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a permit to use a portion of the public sidewalk at the following location (attach a drawing): Address: 2) The permit granted herein is for the sole purpose of permitting the temporary use of a portion of the public sidewalk for the operation of a sidewalk eaf6 in front of the above referred to address during the hours of: Days/1-lours of Sidewalk Cafc Operation: i) The term of the permit shall be for two years from the date of issuance. •1) Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as required by 18-15 of the Municipal Code. :;) The permit granted herein shall be for the use of only the area described above, which area is located in front of Permittee's business establishment. Nothing contained herein shall permit Permittee to operate a sidewalk cafd in front of any other business other than Pcrmittee's. 6) The placement of the sidewalk cafd shall allow five (5) feet of open sidewalk for ADA and pedestrian access, except in special circumstances as defined in Section 18-15 of the South Bend Municipal Code. 7) Permittee shall limit the operation of the sidewalk cafe to the area described above, and shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the described area in order to separate it from the remaining sidewalk area. 8) Permittee is responsible for compliance with all federal, state, and local laws and regulations affecting the operation of their sidewalk cafe. These include but are not limited to regulation of alcoholic beverages and the Americans with Disabilities Act (ADA), and specifically ADA requirements for accessibility and accommodation into and within the sidewalk cafe service area. 9) Permittee agrees to maintain the area encompassed In this Agreement and adjoining public sidewalk area in a clean and sanitary condition, free from litter and debris generated by the use of the sidewalk for restaurant purposes. 10) If required by the City. Permittee shall provide and maintain a closed trash container as part of its sidewalk cafd operation. Such closed container shall be of a type and shall be placed as determined by the City. 11) Permittee shall not affix any items to the public sidewalk or use the area permitted herein in such a way that the public sidewalk is damaged. 12) Permittee shall indemnify, defend and save harmless the City from any and all damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out of the use of public sidewalk by Permittee for a sidewalk cafe. 13) Permittee shall provide and maintain during the term of this permit policy of public liability insurance, with coverage not less than $300,000 per person and $1.000.000 per occurrence, naming the City as an additional Insured as to the sidewalk cafd operations. Permittee shall provide a Certificate of Insurance to the City showing liability coverage as required above and providing for not less than 30 days' notice to the City's Board of Public works prior to cancellation. 14) Should Permittee fail to comply with any of the terms or conditions of this Agrecrrcnt. the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 15) The rights granted herein may not be assigned by Permittee. 16) Notification of approval/denial of this request will be issued by return of this form, upon signed authorization by the Board of Public Works. Please provide a contact email. IN WITNESS WHEREOF, above. / Permittee Signature Name: Title: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member was executed on the date first written Date: S f - % ,� �V' Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: May 23, 2023 -6 slow aTpE E A.ANi�EM � EXISTING 2nd FLOOR PLAN _ o a'-e• a-s' io'-0• I ' u— (2. x 3e' fiHal); 1/e• . I'-0- � !J HAL SY610LJdL10tS ~— t .� a. ' � II rf •---------__7 MUM PEN ii iL -------------------- 9(01t14f) Y4'0pVa1G �15'J+AW1 $AIIf6 e I I {`j { PASTAI'� �•..1p r.� 8 PR POSED I FLOOR PLAN 0 x1-r e'-.^ was v� P9 /EXISTING BASEMENT FLOOR PLAN 0 a'-r e'-•' 101-e• J e E (71• a W SHEEr): 1/5' . V' K I L ANG AIILtlI UN� F n N N I N 0 �1En J�NCmr�w ,y &I 3 F1URFN ��i 6pS�l�IN CRLCORY A. KIL N GARB AIA ARC:HiITF, CT j� rav: rIWmPhe,;il,ro wliilw�ii� i� �Go., 0 La . +a� - 1� frnxvhaltrt *�CMrn4� ,u fm CX W16-0 to CMNR REMODELING FOR; FORMER DAINTY MAID BUILDING 231 SOU I H MICHIGAN SOUTH BEND. INDIANA 46601 S7.JGSEPW COUNTY PROPOSED FLOOR PLANS RevISED: A1.1 v.v �� tip•^ nw�w. k f 1 IF L.� r .n...r..wr - • m■ (D ALTOM U. DDIS D Of = 4- sv IPA& Comm MOM Mar mm EON t0ft t1 FM Fm �x to NMI VM MOW Ki. 2 WSW Zw IK 101 AM ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1 05/03/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ashton Taner NAME: Synergy LLC AICNNo Ext : (574) 406-6231 AIC No): (574) 258-9177 E-MAIL aaes ner insurance rou ADDRESS: tnr @ y gy g ptom 13800 Jackson Road INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: SOCIETY INS GROUP 15261 Mishawaka IN 46544 INSURED INSURER B : INSURER C The Breakfast Club South Bend LLC INSURER D 2043 S Bend Ave Ste 195 INSURER E #195 INSURER F : South Bend IN 46637 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR Y BP22016053 6/28/2022 6/28/2023 EACH OCCURRENCE $ 1,000,000 DAMAGF TO RENTED PR'MISS(E. occur ante)$ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- JECT ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 X PRODUCTS - COMP/OP AGG $ 2,000,000 Liquor Liability $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED IxNON-OWNED AUTOS ONLY AUTOS ONLY BP22016053 6/28/2022 6/28/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTYDAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE UM22016055 6/28/2022 6/28/2023 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC22016054 6/28/2022 6/28/2023 X STATUTE OERH E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of South Bend is listed as an additional insured in regards to liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of South Bend ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 227 W. Jefferson Blvd Ste 1316 South Bend IN 46601 7n,,--z ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD �)C�Ilnl\/ Mo A BOARD OF PUBLIC WORKS 227 W JEFFERSON 13TH FL SOUTH BEND, IN 46601000 04/26/2023 09:27:40 MID: XXXXXXXX1000(011 TID: XXW401 CREDIT CARD VISA SALE Card # XXXXXXf0000(X2975 SEQ #: 1 Batch #: 532 INVOICE 0 Approval Code: 062740 Entry Method: Manual Mode: Online Tax Amount: $0.00 Card Code: M SALE AMOUNT $10-00 X I agree to pay above total amount according to card issuer agreement, (Merchant agreement if Credit Voucher) MERCHANT COPY