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HomeMy WebLinkAboutEncroachment & Revocable Permit - SOAR1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 Ms. Carmen Pruitt North American Signs 3601 Lathrop Street South Bend, IN 46628 PHONE 574/235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 23, 2025 cdpPnorthamericansi n�; casandra.teagueP mail.com RE: Encroachment into Public Right -of -Way - 1109 Fellows St. Dear Ms. Pruitt: At its September 23, 2025 meeting, the Board of Public Works approved your request for the installation of a Freestanding Monument Sign at 1109 Fellows 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, at anytime, the City of South Bend determines that it is necessary to revoke the encroachment permit, you, or the future property owner will be responsible for any and all costs associated with the removal of the encroachment and returning your property to its pre-existing state. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Hillary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARYA. GILOT MURRAY L. MILLER BREANA N. MICOU � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 1, 2025 TO: Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment FROM: Hillary Horvath, Clerk SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Southeast Organized Area Residents LOCATION: 1109 Fellows 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. ENGINEERING: Favorable Recommendation, Traffic & Lighting has no issues per Coby Deal. COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable Recommendation ENCROACHMENT APPLICATION f� City of South Bend - Board of Public Works ;pAE' 227 W. Jefferson Boulevard, Ste. 1316 2865 South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: Southeast Organized Area Residents (SOAR) Address: 704 Roland Court City/State/Zip: South Bend, IN 46601 Phone:5743094449 Email: casandra.teague@gmail.com ENCROACHMENT INFORMATION: Location of Encroachment: 1109 Fellows Street Encroachment Description CL Road to R/W Line: Distance of R/W: (see attached email) INSTALLER'S INFORMATION: Business Name: North American Signs Address: 3601 Lathrop Street City/State/Zip: South Bend, IN 46628 Phone: 574-234-5252 Email: Signature: 1) Printed Name: Carmen Pruitt Size of Encroachment: Amount in R/W: cdp@northamericansigns.com INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: 0 Photos of the area where encroachment will take place. 0 Plans and Specifications 0 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: C��� /�uu&- Printed Name of Applicant: Carmen Pruitt Date: 7/30/2025 REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME Company/Homeowner Name Southeast Organized Area Residents(SOAR) , 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 anyway 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 APPLICANT that arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) In 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS I i Elizabeth A. Maradik, President Gary A. Gilot, Member Submitted By: Signature: Carmen Pruitt Date: 7/30/2025 �7 Z Joseph R. Molnar, Vice President Breana Micou, Member P Murray L. Miller, Member Attest: Hillary R. Horvath, Clerk Date: Septemher 23 2095 Revised on 9.14.21 IMPROVEMENT LOCATION PERMIT (This is NOT a permit. Building Permits must be obtained from the Building Department prior to construction.) Protect information Tax Key Number: 018-7007-0251 Address: 1109 Fellows Street Owner: ST. JOSEPH COUNTY, IN Business: Southeast Neighborhood Sign Information —Freestanding Sign Sign 1:Sign Type: Monument Sign Location: East Facade Sign Size: 20.625 sq.ft. Lighting: None Zoning: C DISTRICT Sign Installer: North American Signs Sign Setback: 15' Corner yard Sign Height: 5.5' Upon the authority granted by the respective Zoning Ordinance, I hereby issue the Improvement Location Permit (ILP) for the property listed above based on the plans attached. This Improvement Location Permit may be rescinded if the information provided by the applicant is discovered to be false, or new information is brought forward. The above approval does not limit or restrict the right of the Zoning Administrator to initiate zoning enforcement if in the future the property does not conform to the development standards of the respective Zoning Ordinance or the conditions are not met. Conditions of approval: County pproval Provided THE INFORMATION AND APPROVAL GRANTED SHALL BE NULL AND VOID IF A BUILDING PERMIT IS NOT ISSUED BY, OR THE PROJECT DOES NOT BEGIN BY, JUNE 9, 2026. Tim Staub, Zoning Specialist FEE: $50 June 9, 2025 Date � 4 SpUTH BF�� City of South Bend Permit Application for Off -Premise Sign 1Hi5 Property Address: 1109 Fellows Street Parcel I D: 018-7007-0251 Northeast Neighborhood Overlay: ❑ ❑✓ Yes No Variance Approval Date: Contact Person: North American Signs Zoning: Commercial Historic District: ❑ ❑✓ Yes* No *Certificate of Appropriateness from the Historic Preservation Commission is required Phone Number: 574-234-5252 Email: cdp@northamericansigns.com Mailing Address: 3601 Lathrop St South Bend, IN 46628 Business Owner: Southeast Neighborhood Phone Number: 5743094449 Email: casandra.teague@gmail.com Mailing Address: 704 Roland Ct South Bend, IN 46601 Contact Person: Carmen Pruitt Company Name: North American Signs All Contractors must be licensed and/or registered. For more information visit: https.//southbendin.pov/department/community-investment/building/ Location on Property: Fellows Illumination: None Separation: 100+ (To Which Street is the sign oriented?) From another freestanding sign on site (ft) Type: Pole ❑✓ Monument Yard Sign Size: 5.5 516" 11.25 Setback: 15 Front (ft) Corner (ft) Distance To Nearest Off - Premise Advertising Sign: 100+ Linear ❑ Multi -tenant 1.75 Sign area (sq ft) Height from grade (ft) Clearance: 0 Side (ft) Rear (ft) From Ground (ft) Separation From Identified Uses*: Radial Linear Radial Separation from districts and uses specified in Section 21-1o.o7(d)(6) of the Ordinance. Page 1 of 2 Free Standing Sign Permit Checklist: 0 1, Completed Application * 2. Artwork including: ❑■ a. Sign Dimensions ❑■ b. Overall Height 0 c, Clearance ❑ 3. Site Plan including: ❑ a. Property lines ❑ b, Streets/alleys abutting property ❑ c, Location of driveway ❑ d. Dimensioned setbacks to sign ❑ 4. Foundation Detail 1. Carmen Pruitt have read and agree to the following: 1. The City of South Bend (the "City") shall be indemnified and held harmless by the Owner from any claims, damages, liabilities, losses, actions, suits, or judgments which may be brought, presented, sustained, or obtained against the City or its officials because of negligence of the sign hanger, contractor, or its agents, or by reasons of defects in the construction, or damages resulting from the collapse or failure of any sign. 2. The Owner will guarantee removal of the sign when the use which it identifies, instructs, attracts, guides, or advertises is terminated at that location; however, this will not apply to periodic changing of the sign faces for present or future tenants or owners. If the Owner is not the owner of the real property on which the sign will be placed, the Owner represents that the installation of the sign is authorized by the property owner. 3. The Owner shall maintain the sign by repainting peeled surfaces and replacing inoperative components. Should the Owner fail to maintain the sign as outlined herein within forty-five (45) days after written notice, the City shall remove the sign after first giving the owner of the sign thirty (30) days written notice of its intent to do so. Carmen Pruitt Applicant/Owner/Leasee Carmen Pruitt 5/9/2025 Name Printed Date Completed applications should be submitted via one of the following: Email: zoning@southbendin.gov or Mail: to 227 W. Jefferson Blvd., Suite 1400S, South Bend, IN 466o1 'Total fees are based on sign size and will be provided at approval. Page 2 of 2 SITE MAP NTS nnorth american signs ±15 SETBACK SALES. ALAN EIKER PM: AKT. CAD 2.14.25 DWo # 2501011-00 KEVISION PROPOSED SIGNAGE - NTS -lb r * SEE PAGE 3 FOR SIGN DETAILS PAGE 1 OF 3 SOUTH EAST NEIGHBORHOOD ' I = FELLOWS DEAN JOHNSON BLVD ,,. SOUTH BEND, IN 51- 61I ka ? ql_ All a� ONE (1) S/F NON -ILLUMINATED MONUMENT SIGN - SCALE: 3/4' = V- 0" nnorth american signs SALES: ALAN EIKER PM: ART. CAD 2.14.25 DWC-r # 2501011-00 KEVISION PAGE 3OF3 Sou I I LAs r Ni ci uom IooD h i.i.m s DI.AN Joi msoN BI VD Sou rH BEND, IN G-A P11 I . 4', ..Ate Dean Johnson Blvd 67 A