Loading...
HomeMy WebLinkAboutSidewalk Cafe Permit - 1211 Mishawaka Ave. - Cloud Walking Coffee June 23, 2026 Johannes Jacobus Westerink Cloud Walking Coffee 1211 Mishawka Ave. South Bend, IN 46615 jjwesteri@gmail.com RE: Sidewalk Café Permit – Cloud Walking Coffee Dear Johannes: At its June 23, 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: May 8, 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 – Cloud Walking Coffee 1211 Mishawaka Ave. 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 Recommendation FIRE: Favorable Recommendation (clear path in front of entrance must be maintained) POLICE: Favorable recommendation Wednesday, May 6, 2026 Sidewalk Café Permit Restaurant/Business Information Thank you for your interest in having a sidewalk café outside your business. Enclosed are the Sidewalk Café Application AND Agreement needed to secure your permit to occupy a portion of the City’s public right-of-way. Process Once your application is received, it will be reviewed by City personnel and presented at a City of South Bend Board of Public Works meeting for approval. Once approved, a signed copy of your permit and agreement will be emailed or mailed to you. Note: A permit for a sidewalk café is valid for two years from the date that it was approved. Sidewalk cafes can operate any time of the year. Application Checklist Below is a checklist of items that need to be included with your submittal: Completed and signed Sidewalk Café Permit Agreement (this form) Completed and signed Agreement for Temporary Use of the Public Sidewalk (also included) Site plan depicting the proposed sidewalk café showing placement and dimensions Certificate of insurance ($1,000,000/occurrence and $300,000/person naming the City of South Bend as an additional insured) $10 application fee. Make checks payable to City of South Bend. Cash and credit card payments can also be made by coming in to City Hall or calling City of South Bend Engineering at 574.235.9251, respectively.  Payment by mail or in-person may be done at: City of South Bend – Board of Public Works 215 S. Dr. Martin Luther King, Jr. Blvd., Ste 400 South Bend, IN 46601 Questions? 1 The City of South Bend looks forward to working with you! If you have any questions, contact Engineering at PWEngineering@southbendin.gov or 574.235.9251. Name of Restaurant/Business Cloud Walking Coffee Business Address 1211 Mishawaka Ave South Bend, Indiana, 46615 Mailing Address (if different)1211 Mishawaka Ave South Bend, IN, 46615 What are the days and hours that the sidewalk café will be open? Saturday & Sunday 8am-6pm, Mon-Thur 7am-6pm, Friday 7am-9pm Applicant Information Applicant Legal Name Johannes Jacobus Westerink Phone Number (574) 850-5070 Email jjwesteri@gmail.com Title Owner Site plan depicting the proposed sidewalk café showing placement/dimensions Certificate of Insurance PDF EOI-Frodo.pdf PDF COI-Frodo.pdf Affirmation I, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I 2 further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk café as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. Signature Date Wednesday, May 6, 2026 Terms and Conditions Accepted Agreement for the Temporary Use of the Public Sidewalk for a Sidewalk Café This Agreement is entered into this day of Wednesday, May 6, 2026 by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, “City”) and Johannes Jacobus Westerink, (hereinafter, “Permittee”). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk café in front of Permittee’s business at: Business Name: Cloud Walking Coffee Address: {addressOf} Email Address: jjwesteri@gmail.com Contact Phone: (574) 850-5070 WHEREAS, the site for the proposed sidewalk café has been reviewed by the City’s Board of Public Works, and it has been determined that allowing Permittee 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 café will be in compliance with the guidelines for that area, and the City has approved the perimeter design of the proposed sidewalk café; and WHEREAS, the City has determined that operation of a sidewalk café 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 location depicted in the attached site map. 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 café in front of the above referred to address during the 3 hours of: Days/Hours of Sidewalk Café Operation: Saturday & Sunday 8am-6pm, Mon-Thur 7am-6pm, Friday 7am- 9pm 3) The term of the permit shall be for two years from the date of issuance. 4) Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as required by 18-15 of the Municipal Code. 5) 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 café in front of any other business other than Permittee’s. 6) The placement of the sidewalk café 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 café 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 café 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 café. 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 café 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 Agreement, the City, by its Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 14) Should Permittee fail to comply with any of the terms or conditions of this Agreement, the City, by its 4 Board of Public Works, may revoke the permit to utilize the public sidewalks as granted herein. 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, this Agreement was executed on the date first written above. Permittee Signature Name Johannes Jacobus Westerink Title Owner Date Wednesday, May 6, 2026 5 05/01/2026 MCGOWAN INSURANCE GROUP - SC345 MASSACHUSETTS AVE STE 250INDIANAPOLIS IN 46204 6514597 donegalclservicecenter@donegalgroup.com ATLANTIC STATES INSURANCE COMPANY NAIC#22586 (833) 470-4767 03/01/2026 03/01/2027 Frodo Lives LLC1211 MISHAWAKA AVESOUTH BEND IN 46615-1127 1211 MISHAWAKA AVE SOUTH BEND IN 46615-1127 X $1,166,400 $1,000Building Limit of Insurance-Replacement Cost w/ inflation guard: 8% X X X Revolving Loan Fund IICity of South Bend 227 W Jefferson Blvd Ste 1400SSouth Bend IN 46601