HomeMy WebLinkAboutSidewalk Cafe Permit - Renewal - The Early Bird Eatery
April 28, 2026
Ms. Jennifer Stone
The Early Bird Eatery
117 E. Wayne St.
South Bend, IN 46601
jenn@theearlybirdeatery.com
RE: Sidewalk Café Permit – 2026-2027
Dear Ms. Stone:
At its April 28, 2026 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.
Sincerely,
/s/ Hillary Horvath
Hillary Horvath, Clerk
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE:
TO:
March 31, 2026
Kyle Ludlow, Engineering Department
Derek Erquhart, Fire Department
Chris Dressel, Community Investment
Brad Rohrscheib, Police Department
FROM: Hillary Horvath, Clerk
SUBJECT:
LOCATION:
SIDEWALK CAFÉ RECOMMENDATION –
The Early Bird Eatery
117 E Wayne 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 alo
ng the sidewalk.
PUBLIC WORKS: Favorable recommendation
COMMUNITY INVESTMENT: Favorable - contingent on meeting the minimum ADA clearances
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
April 28, 2026