HomeMy WebLinkAboutSidewalk Cafe Permit - The Cellar Wine Bar & Kitchen
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU
CITY HALL
215 S. MARTIN LUTHER KING JR. BLVD.,
SUITE 400
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
December 9, 2025
Mr. Shawn Todd
The Cellar Wine Bar & Kitchen
702 E. Jefferson Blvd.
South Bend, IN 46617
info@sbcellarwine.com
RE: Sidewalk Café Permit – The Cellar Wine Bar & Kitchen
Dear Mr. Todd:
At its December 9, 2025 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/ Hillary Horvath
Hillary Horvath, Clerk
Enclosures
HH
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE:
TO:
March 13, 2025 Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk
SUBJECT:
LOCATION:
SIDEWALK CAFÉ RECOMMENDATION –
The Cellar Wine Bar & Kitchen
702 E. Jefferson Blvd
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 affectingthe use and maintenance of such business.
2.Outdoor cafés and seating areas shall be so located as to maintain maximumsidewalk width and clearance for wheelchair accessibility which shall exclude thatportion of a sidewalk reserved as a protected bike lane. Sidewalk clearance isrequired between outdoor café structures, landscaping or other barriers and the
curb or the closest edge of the separated bike lane. Maximum sidewalk wheelchairclearance is presumed to be at least five (5) feet (sixty (60) inches) consistent withPublic Right-of-Way Accessibility Guidelines (PROWAG). However, under limitedcircumstances, where strict compliance with the five (5) feet pedestrian sidewalkADA access would prevent, substantially impair, or render unfeasible the existence
of a viable sidewalk café, then the pedestrian ADA sidewalk access area may bereduced from five (5) feet but to no less than four (4) feet to allow for a sidewalkcafé. The request for a reduction of sidewalk width clearance will be approved onlyif it is determined to be non-detrimental to the health, safety, or general welfare ofthe public, including persons with disabilities. The City's ADA Coordinator should
be consulted where an exception is not clear or obvious. These requests must bereviewed in the context of all requests, or potential requests, for use of publicsidewalk within the entire block. The request for a reduction of sidewalk widthclearance may be approved only if it is determined to be non-detrimental to thehealth, 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 Recommendation COMMUNITY INVESTMENT: Favorable recommendation contingent upon meeting minimum ADA clearances. FIRE: Favorable recommendation POLICE: Favorable recommendation
December 9, 2025