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Home My WebLink AboutEncroachment & Revocable Permit - Beauty Suites on Summit, LLC1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 10, 2023 Ms. Shalonna T. Diggins Beauty Suites on Summit, LLC 319 S. Summit Dr. South Bend, IN 46619 B eautysuites319&gmail.com RE: Encroachment into Public Right -of -Way — 319 S. Summit Dr. Dear Ms. Diggins: At its October 10, 2023 meeting, the Board of Public Works approved your request for the installation of a sign at 319 S. Summit Dr. 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 Hefner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Elizabeth Maradik, President, Board of Public Works FROM: Gemma Stanton, Project Engineer SUBJECT: Encroachment/Revocable Permit for Beauty Suites on Summit, LLC DATE: 10/9/2023 Shalonna T. Diggins, the proprietor of Beauty Suites on Summit, LLC at 319 S. Summit Dr. applied for an encroachment/revocable permit for a sign in the right of way. The initial recommendation from Engineering was unfavorable due to future possible projects in the area. After further discussion, Engineering would like to offer a favorable recommendation since the sign will have minimal impact on the right of way. It should be noted by the applicant that, if granted, the sign must still comply with all Zoning regulations and requirements. Additionally, the encroachment permit is revocable and may be revoked in the future if the space is required for a Public Works project. Please call with your questions. We deliver services that empower everyone to thrive!! � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 23, 2023 TO: Kyle Ludlow, Engineering Department Zach Hurst, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner _south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Beauty Suites on Summit, LLC LOCATION: 319 S. Summit Drive PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: 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 anyway prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: Unfavorable due to the potential of needing to maintain ROW for future road widening. (Recommendation provided after consulting with Streets Department — Coby Deal) COMMUNITY INVESTMENT: Unfavorable FIRE: Favorable ENCROACHMENT APPLICATION �y; = City of South Bend - Board of Public Works 227 W . Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Beauty Suites on Summit,LLC/Shalonna T. Diggins Address: 319 S. Summit Drive City/State/Zip: South Bend IN 46619 Phone: (974)21-226g Email: beautysuites3190Pgmail.com ENCROACHMENT INFORMATION: landscape area on the right hand side of the entryway into the parking Location of Encroachment: jqt Z the qin woula We to nave a bigh R61511uu jacing multumn so dlenw coming off of WesternAve- a d Washington can see the foCation of the building. The sign wits he 40in. and will be on a wooden post - Encroachment Description: ut to show the distance between the sign and rhv. CL Road to R/W Line: 27.5ft/324.5in Size of Encroachment: 40in Distance of R/W: 4ft/48in Amount in R/W: 0 INSTALLER'S INFORMATION: Business Name: Self installation Address: N/A City/State/Zip: N/A Phone: N/A Email: N/A Signature. NIA Printed Name: N/A INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ Photos of the area where encroachment will take place. ❑ Plans and Specifications ❑ Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I understand that encroachments must in no way impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: —�� Date: 08/21 i2n9.s Printed Name of Applicant: Shalonna T. Diggins J it llr�- REVOCABLE PERMIT V« L RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME fNri,6 Company/Homeowner Name Beauty Suites on summit,LLG/Shalonna T. Diggins , hereafter, the "APPLICANT." The encroachment will be permitted to remain and continue under the following terms and conditions: 1) Until such time as the BOARD OF PUBLIC WORKS (*BOARD') of the CITY OF SOUTH BEND ("CITY") 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; 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; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable to APPLICANTfor any damages caused to APPLICANTthat arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) 1n consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law. This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit Submitted By: ]Sjhhaloonnna T Diggins Signature: I v Date: 080 r1023 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS val�4 Elizabeth A. Maradik, President �� Gfs1T mat Gary A. Gilot, Member a - Joseph R. Molnar, tPVice�President —_ a-y" _ Alexandra Dolz-Lane, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: October 10, 2023 Revised on 9.14.21 Attached are photos of the dimensions of the area that I would like to have the sign in. I used pieces of drywall for my illustrations. To the right, circled in orange is a piece that's 4ft long which represents the distance from the end of the sidewalk to the end of r/w. The drywall with the yellow arrow represents the sign. That piece is only 32" but I still have plenty of space to have my actual sign be 40". I was informed through the zoning department that the property line starts at the fence area located north of my property, and the sign needs to be 4ft from that. I will also attach a photo showing that the distance between that area and my sign is still not encroaching on city property. From: Shalonna S,th To: Laura Hensley Subject: Photo of the sign for 319 S Summit Dale: Tuesday, August 22, 2023 8:41:10 AM This is s photo of the sign in 30". The vend Sent from my tPhone