Request to Rezone Lots on University Avenue by Carol SteckelPrepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13t St Telephone: 589-4121
ORDINANCE NO. 63-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 2624, 2638, 2644, 2645, 2648, 2649, 2653,
2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698 & 2714 UNIVERSITY
AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter-described property
from R-2 Two-Family Residential District to R-1 Single-family Residential District, to wit:
Lots 10, 11, 12, 13, 14, 15, 16, 17 and 18 all in the Lenox Addition; Lot 2- 2-
1A of Mineral Lot 168; Lot 1-2-1, Lot 2-2-1, 8' wide strip in Lot 1, Lot 2-1-1,
Lot 1-1-1 and Lot 2-2, all in Schiltz Place; Lot 1-1 of Mineral Lot 251, Lot 2 of
Mineral Lot 251 and Lot 2-2-2 of Sub of Mineral Lot 251A and Part of Mineral
Lot 250, Lot 3 of Mineral Lot 251, Lot 1-4 of Mineral Lot 251; Lot 2-4 of
Mineral Lot 251, Lot 2-1-2-1-1, Lot 5 of Mineral Lot 251 and Lot 1-1-2-1-1,
Lots 2-2 and 2-2-2-1-1 all in the Prysi Farm Addition, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 20th day of October, 2008.
Attest:
Roy D. Buol, Mayor:
Jeanne F. Schneider, City Clerk
Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planniniT~citvofdubuq ue.org
Dubuque
THE CITY OF
All-Ameticd City
I~UB E ~ -
~.
MlIS1CY~~11'C~ 011 the ~1SSiSSl~~71 2007
October 3, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Carol Steckel
Location: 2624, 2635, 2635 ~/2, 2638, 2644, 2645, 2648, 2649, 2653, 2654, 2661,
2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue
& Lots 1-7, 8 and 9 of Lenox Addition
Description: To rezone property from R-2 Two-Family Residential District to R-1
Single-Family Residential District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request reviewing property included in the rezoning
request, existing land use, vehicle trips on University Avenue and concerns regarding
property values and safety of proposed area if not zoned R-1.
Staff reviewed the history of the zoning applied to the subject parcels surrounding
zoning and land use and vehicle trips on University Avenue.
There were several public comments in support of the request noting that the request is
consistent with the Comprehensive Plan and complies with the established criteria for
granting a rezoning. There were two speakers who spoke in opposition to the request
because they own parcels included in the rezoning request and desire to build duplexes
on the property currently zoned R-2, and felt that the neighbors are trying to block the
construction of the duplexes.
The Zoning Advisory Commission discussed the request, noting that they are in support
of the applicant and property owners who want to rezone their property to R-1, but
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
cannot support rezoning parcels over the objection of the owners of those parcels who
want to develop under the R-2 District which has been in place for many years.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, with the condition that Lots 1-7, 8 and 9 of Lenox Addition be
excluded from the request.
A super majority vote is needed for the City Council to approve the request as
recommended by the Zoning Advisory Commission. .
A super majority vote also is needed for the City Council to approve the request as
submitted by the applicant since the Zoning Advisory Commission did not recommend
approval of the original request.
Respectfully submitted,
'~ ~ ~ ~~n-
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
lll~
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II rIl
zoos
PLANNING APPLICATION FORM
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589=4221
^Variance ^Planned District ~ ^Major Site-Plan -^Certificate of Economic Non-Viability
^Conditional Use Permit ^Preliminary Plat ^Major Final Plat ^Certificate of Appropriateness
^Appeal ^Minor Final Plat ^Simple Subdivision ^Historic Designation
^Special Exception ^Text Amendment ^Annexation ^Neighborhood Association
[~tig~ited-Setback Waiver ^Simple Site Plan ^Temporary Use Permit ^Other:
ezoning ^Minor Site Plan
Please tvoe or print leai6ly in ink /
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~
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Properly owner(s): ~~ 'fPlfbl~ NS(~il~ L- teC-- ~ / ~
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Phone:~~
Address: 171a~ G~I~I -Y17~1~' d.`~ City: j7J~ Q State: IA Zip:. S~~ ~
Fax Number: Cellular Number: E-mail Address:
~~, d t
Applicant/Agent:~ ~~\ c l~~i~ ~ \~, \ Phone:
Address: oC. C~ " 4'. l~ I~i~J ~ ~l'°irc~,p Ci wN ' IQs Zip: c~ C~~ ® I
State:
Fax Number: Cellular Number: ~ E-mail Address:
Site location/address:.~~~~Zlo~v`~~ . ~~ t-d'~ ~ Z(~ ~ ~ L! /J 1 ~./~(L...~ "~`{
Existing zoning: ~ `'"~ Proposed zoning: ~ - ~ Historic District: hl (~ Landmark: /.,/ ~
Lega[ Description (Sidwel[ parcel ID#~ or lot number/black number/subdivision):1_~'1~~ ~ - ~ g .. Q1 ~~. ` ~
~ ~ I
Total property (lot) area (square feet or acres):
Dee~s9crib(e proposal and reason`1necessary (attach~a l~ette~r of explan`a~~tyion, if~fneeded): ~p ~~.l~! P1~,/
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1, It is the propertyawner'sresponsibiiity to locate property-lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached. ~,- g - fro
,,~~
Property Owner ~ J ,~ Date: i
f
ARRlicant/Ages : Date::
FOR OFFICE USE OI)L~Y -APPLICATION SUBMITTAL CHECKLIST I l ; ~ ~, , p~
Fee: ~bU • O Received by: (.~'~p Date: g Z~ -U mocket:
^ Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
Please accept this application for rezoning from R2 to R1 of twenty five lots
predominately on the 2600 block of University. A map of the area to be rezoned is at
Tab A.
Excerpt from 6-1.1 of Ordinance No 13-85.
The Council finds that the reclassification of property is a sensitive and important .
legislative function which, in the interest of maintaining uniform zoning policies and the
integrity of the Comprehensive Plan, should only be exercised sparingly and under proper
conditions. For this reason, and because the original zoning district boundaries under
this Ordinance are presumed to be correct and appropriate, it shall hereafter be the
policy of the City Council to reclassify property only where a clear showing has been
made that the original classification was a mistake or that circumstances and conditions
affecting the property in question have so materially changed so as to demand
reclassification in the public interest.
The area in question is a mature neighborhood with affordable single family housing.
There is a mix of rental property and family homes. The circumstances and conditions
affecting these properties have changed. The following paragraphs highlight the
changes and identify how rezoning this neighborhood to R1 supports goals indentified in
the 2008 Dubuque Comprehensive Plan.
As can be seen in the following typical pictures, the area is the quintessential
neighborhood with green front yards and well maintained homes.
The lots are small and the frontages are mainly the minimum size allowed in the zoning
ordinance. The homes and lot sizes are not the size that lends them to conversion to
duplex as would have been done in the past, particularly with zoning requirements for
off street parking. New duplex type construction tends to be larger, totally filling the
lots. The requirements for off street parking combined with a larger living area results in
front yards being replaced by concrete parking. Although zoning ordinances could
provide a barri9r to this type of construction, special exceptions co??1d be anC~ have been
granted.
.~ diagram? illustrating ho4v this construction affects the foes is included ~s Tab 6. There is
no yard in front of these uweliings. Grass has been replaced with concrete totally
changing the aesthetic character of the neighborhood. Qy changing this area to ft1, Goal
1.4 in the land Use and Urban Design Goals Encourage p, eseruatian of historic crud
aesfn~ti~.: ci~c?racter crud fc?ncsion of est-%rb/ished neighbornocds would be achiQved. Goal
1.5 in the land Use and Urban Design Goals Encourage protection of e~;isting residentirsi
.areas from enc+-ocachment by incompatible development is also achieved.
The vast majority of .propel fiy owners both homeowners and tandiords supparr the
zoning change. A list afthose actively sl~pporiirtg and requesting the cl-sange is attached
as Tab L. ,4 neighborhao:l association has farmed and the residents are active. 't'his
residential aGCioi7 supports Gaal 2.7 in the Land Use and Urban Design Goals Encoc.+r-uge
neighborhood identity; planning and pride of p/crce.
This gro;~p has bean active anti presented data before this anti other boards. They have
beLn vocal an hove to preserve the character of this neighbor6tiood. - Qb D canfains
samples of these submittals.
gesidents in the neighborhood are largely composed of seniors aa7d first. time home
br?yzrs. I he area lends itself to affo?-dabifity and is fihe type of neighborhood that is
aligned ~l~rith Goal 1..10 Co,~tinue to pramotc affordable hocrsing for these r~+~ho would like
t-o pcrr-chcrse o i,ome, but rio not r/ualify fur.trssistance.
Please favorably consider this request to rezone the listed area R1. Conditions and
circumstances have changed. 1 he trend to large;~ cr~nstruction of duplexes corr?bir+ec~
with the requirement to provide off street parking cannot fit on these Infis with acct
changin the aesthetic character of the neighbari,ood. Ttse rezoning Uvauld be in
alignfi~?e?~t v+~ith the long range plan and the specific goals stated in the ~O~J8 Dubt~tic?C
Comprehensive Plan.
1 : ,~. 2646 ~-' .
2813
~t886' ,,,: 2622'.. ~ 2817 `
VAN gllftEN ~-~ 261.
,, ~ ;`
26271 '
~~ ~ i
,• 2665, /?~'~.. C-1 !
2668 2835 r•~ . ,.~ \ , -2$14
'\. /.
R 1~ 4874?. v 2085 ~'~ y •. /~' ~ ~ \~ f \ : •,r
,; ~ /.\ '~ -~~~~~\r _ ~`' 1v ~ ~~/ / `2616
~ %'
,, ° •y~ .\ 2820
207~5~ r ~ 2658 / ~ `! ~~, ~ ,2945 1` / 2~,?
2685 J!` .2864 ,` ~ / ` ` 2848 \` ,~/ / ; . ~ ~~~~ r/ I -
\\ 2886,. '~~ + 2853' ~~ ~ / .(~ `,
..;t,27a"• ~\ 2670 I ~ 28~,,~' ~\, ~' ~ ..283 ~•'f ,
r ,'\Z660 ~~ X851 • ~ \ \ ~ ,\\ • .!
'`. '2878 ii,w, / ;•\` ~ ~ \ ~ ~'~'~
k;irZ713 111 ~ y ~~\~ s ,,\;\ . ~~\\ 2844 ,~~\\\\
1290'- , '"\ 288 ` ~/ \ \ ~ \ 2820
,~ ~'"
z 4, ~ \. ~ ~, _.
`,. ~ ~
~'~298 ~ 2054 \ 2034 i
~d F3~2 ~ \` ~ ~ ~ ~ ~. I ~: •~ ,ter`
ti `. 2681. • ~ ~ ~ W ~ ~+
% ^ `~ \` ~ ,._~~..,\\ 2602 / `•` ' 2646
` ~/ /'~/ `•\ `., .2870 \ ~ J
,. ., .,
•. 270.x` j 17~` ~~ \\
1 ~
Zj90 ~~ .` 1 2888 ~ ~~ ."`,1635.-•~ 2625. -. ..
~` --~
27tSr / ` /~ / 265_ ~.~,.- -~
~~-~ / ~ 2661 __ ~ . -_- _
~ .' 698 ~ 2665-:. ~ .,,,..:,,,,_;....
2729 / '' ~ I R'1 675 r, ~~ .. ~-, --, _.. ,,,,,~._
E, " ~. - ~' ' ,2098' \ ~ ;.~ %",. '
2741 ~r. 2681 ~'
.~ ` ,- zoos" •_ 26~a~r.i
z7~fa.. ~ rl ..., 2648 ^_-,_-•--•-" .r
2749 A ~~~ J"1 -r f __z~ae-___' `-~ -- ~r :~•>'
~. 'pys `~ .. ~ .. 2664-. -.
~ 2688 2870,.. -
~ ,~ x q 2GB4 _ 28x6 `~
•. ~. ~ . \ 2655 /~
v - - ~ r `Y-~.~~~_...--- ~'\_ "`~~..------"- __..-.r---_~_~_---- - CQNCEPTUAL. OEVELOPh1ENT PLAN -!~ ~ °'
" --' ~ `~`~....,~ __ ._ ~....~=,~:. `-=:'~'.'.. aor r-!, u, s ~ ar' ttrrUx nuu ~~{ -
.. _ I;I~C-~'1'-A'dL-: _ ___ --= uTraFUUrruuuc.rcvn ~I ~y
- ;:ir'i "."`C -'..~ . _•- _.. , :F/~ ,\ ,~~ ,~ 4or a ~ -- -
•f / LOC 52 i.~yl~
%•~,, •~ \ o.\ '1-71 •`, ~~%t \ °J: ~' wra a ru nc:rvamvf =[ .may ~ w
,\~i `' % • ~ ~ w wa: ano°rrm. voucrwm uc o ~
~'• +~~v'! ~~ COr 5 ~ Y' ~rp°iuor`ra rtiiir u'~v~u~nrr uc ~ ~
~ /:' `}•, ~~ ~ l0T SU ti ~'\ !.~ ~ t~ / uxe°i n.; hn v' ~,°d>q aor x-a _ _ 6I
~ \~ ~ ~\` \ : ! % .~ .,j~% wauuae enw[nrr uAUnm~orr aae - -
• % \:k! \, ~ ~ ~tiitiwx nrmauea aaorv ~f1 M
\ 4ot ae ~, '~h.~'~ • LOT 4uT y' ~ V
r ~~\ ~ '\ sou r ~•\\ ~ i \ :~j }
r LOT .% \\ ~ I.OT 9 ~. ~!" ~ ~ \' \~= ~ ~ '~ ~`~ ~ ! / , .~
,~ ~ ~ \ ~ LOT It \ ~\ ~ !
r ~~ \ /J/ j ~ % /
.~/ .4or Iz `\ ~~ / ~ %' ;:
w LOT I7 ''\' )•/ /" ( _ r _- nuu:n enriu:~arv~•un~ ~ i a
f UOC ~~ .~
..,\ ~ /f %
` '` '.• %
Y' /~
. % %'
OF 'L
TAB C
Insert Signature Sheet Here
C_'onin~cnts for the Zonin~~ Board of ~ldiustmeut Docket 4?-OS. t}3-OS and =I~?~-0~.
Fire rating. The otivners have ackno~rledged the. risk of fire and stated they- evuuld
construct fire walls. Iri acldiiiun to Iirewrtll construction meeting t}te proper [IL
specification. the Greatest rise: of transfer is the roof. The muf must also meet 11T_
fire ratings.
a. ~~ta11s. UL rea~mmended guide specification: ~'it•c~ ~•valls ~I~rttst'be
CO}?;f3'JlCtetl (sf t?Ot1-t:Ui72~Z1.Stthle 711CtfNPttIIS, hfrnC: (t fi311t?til12tF31.fti`t' PQtifl~;~ t7f
butt;°s, ut~d hcn~c: sttffic•iertt .rtt•ttetrtt•ctl crhilitt~ tertcler,fr;•e eoivtlitio€ts ttl cttlttti;~
c<rllcxp.se gJcc~ttstrurtiott ~~rt either°.sicle r,•itlt nut cc,llul~.se t~/'tlre w•~t11.
b. Room. Roof ratings are fir assenihlies not contponerlts. 'I`he t°uof assembl}•
should be LtI. Class A. Roof parapets should he installed unless the roof
deci: is non coml?ustible masonry ur gy~,sum.
e. Firefighting access. The C)S1-IA rc:cotnr~~.ended slope ~ifa ladder is 4:t. Can
a i~venty foot (tt~•o stories) root; the base of fete ladder tivill t?e five ieai
from the tvall_'( his 4s~itl allow only ona foot of ladder access. Tltis is not
room for normal access and not even close for a fire tighter carrvin~~
eiluipntr~ttt to the raaf. ~ r
?. Sctba,?k. Zhe seti,ack proposed is xaat adrquaie for parking and access 4vitla o>.it
blocking the s%~ztt>all;.
a. The plans proposed sho~~~ a tiuilditlf; set bacl. of twenty feet fi~c~m the lot
line. A crew cab FI50 pickup is 20' It". Ne;~leciin~~ anF building access,
tine ~rehicle will be in thz: side ~,valk. y
b. If the entire length of the sethacl: is used for perking, there tti~ould riot be
any watk~vay to t~ccess thy. bttildings. Again. vehicles tvili be blocking t1~?
side~vall:.
3. Snow rernuval. Dubuque has an average sutnt~fall of 4,.6". Over seventy perct:nt
of the university Avenue i'rontagc will be driv~.w•ay in ibis 150' section. For one
side of (I,iiversit}~ Ave that equates t,~ g9 tri,.,kloads of suo~v that iturst l7~
reriutved ti°nm this area.
~;. Drainage. ~.U11at is the dr•ainag~ plan Fur these lots? VJifh only three feat of
proncr~ty to absorb the. mof run off, t~ large portiur, ~~~ill be shed to either
neighboring prupcrti~.a or the street.
T~~ D
Future Ilse.
a. The loss are presently o~~~ned by a cot•poi-~tion, Dul?uclti~ Properly
1•~Tanage.iuent, at thY end csi~the r<~enue cycle when they properhr is
depreciated; a future sale could be to n?tiltiple o~~°ners. 'T'he construction
lines will not change. Pcnc~ s or Landscaping could further restrict access.
b. If Ctniversity .eve is widened to the easement. there u-~ill not be roan? for ~;
sicle~~~atk or parking in front of tl?e building.
c. "I'he corporation is submitting this same property to the Zoning advisory
t'omniission for a zoning ci?ange to Planned Residential on :~3ugust 6,
2t)0$. `I`l?e plan prepared for advisory coma?fission is for the coi?stru€,tioz7
of apartments on the same three lots If today's variance is granted. tl?en
the proposed variance bet~~~een ~, single property o~ti°ner could be ch~2nged
to a variance h~t~veen inulti.ple o?~~uers ~~~°itl?out additional review.
"~At1~ ~
Conullents in opposition to esttiblishment of t(LC Planned Pubic LTrut Development
District by Dubuque Prop~t°ty 1~lanagenletlt. Zoning Ad~~•isorv Commission August b,
2(708.
Before cot~>trlenting on the proposed Planned Unit D~~~e_Ic?prnent District, l would first
question the atzthoi'ity to establish it. Althou~~h no development conditions for btdk
regulation were included in Lhe development plan (a requirement per 3-5.5 (E) (2) (m)) it
is inlpossihle to fathom a bull; regulation to fit the proposed construction to the existing
lot baundarics. Definin~7 new lot descriptions would violate section 2-~~.4 " lots cre.tated
aft:~l' thz effective. date hereof shall meet at least the miuinulm requirements established
by this Ordinance. (Ord. 1 ~-8;. 3-iS-199a) "1'11e ordinance states in ;-5.5 (l3) a PIED
n1a} h4 established on Ally parcel aver 2 •acres. F~ince this proposal covers a par•ctl less
than an acri; there is no authurity to establish it. '
Comnl~~rlts to the ('arleeptual Development Phut.
This prof~o~;t+,I does nofi tldhere to ganeral standard 3-5.5 '(1~) {I? {a) ``77u c~c1t4•it1~
C?tYG~l~t'~'1~17 Of tj1[' ~Lfj) Sjl(TJl b i'(Ii3Z~~CTt117i(' !11 i1J"t'., fi?~t.' Cli?t~ I) j1L' Of A'l!'llC/Lli'P,
.-.
r-rlrrti~-~' ur,trErt>> r~1~o~~e~t s7~rrr~~, tt'crltu• c'ircr~lariura crt7cl ger-rc~rul lcn~crttt ~l~ith
t?itjairritt lcs~tc~ rrsc~s•, ttrlc'l shall he ir~~tc~vu1ec1 it?ta llrz nei~~hhru-j~njrul. " -! he
ftltiri~e.u units in this pr~7posal e?:ee~d thi< d~:nsity of <tn~~ other r~sidentiat zoning
clistrici a~~ailahle arld irT no imagination clutch the density in the neighborhood. t1
1'CgL1~~tCd Varlanec t0 build tht'i:e tlt~o fanl(1\' StrttCtures on tlli three IOtS llli'ci1C"t}'
zonal R-? Las denied by the Toning P,oard of Adjustment Docltict 42-05. ~3-08
and ~~-08 un ,1uly 29, 2005. The lot sizes tivcre too small and tale sick ti=ard
setbacks too close. This proposal otlly extlands the area of oxc~~ssive dcttsit7 that
En~as previotisl~ denied.
2. Ties proposal sloes not adhere. to +~enertl sta;Ldard 3-5.5 (I3) {1} {h~ "tlrc P(TI)
sI7a71 lctkc' iota ecrz.~~ielc~rativ~~ tdzc ini~cut its existi;~u ,ctre~ets rrftc~ utilitir~s. "
c~. Two of tile. fees dri•~'e~~1•ays in thy; propos:~rl conflict ~~ith i~ltersectioris on
~~an t~uren and (levelly; and Iran Buren and hrebraska. A Hurd aecr~ss is to
tltc busy University Avenue. `i'he proposal did not include `"1'rnlx~.~•ecl
trccesc trt ~tltlic f•iglrt oJ'trcr)•, inc•ht~lirt~~ aj~j~~•nxitlurtc ~'~tclc~s, t~'itljic•
p~•o•jec>'iv~rs crrrtl ~eitej-ul i,rcli~ulioyt ~/ tr-c{fJic• r~~jttf'r3l rltec~sur•es. "ass
requirad'ry ;-S.5 (l:} (2) (g). TJle negatii~e impact ofthis an velliclc and
pedeskriarl traffic vras not considered or mitigated. );<lehing a vehicle into
an intersection is not good tratlic cotztrol,
b. There tiE-ill he a negative impact on utilities. Stor-rn vvatcr runoff and sno~~~°
melt will be greatly increased. By doubling the. number ol~ fami!_y unit
strtlcttires and earning over tivhai is now allowed will greatly impact run
011: "fh~:. coalicient of runoff (selloff/rain} is O.t)0 to I.00 tbr• roofs and
pay ernent. The coefficient for light vegetation is 0.15 to 0.'f5. Ruuaff ti-on1
this area could incrctlse liy tv~:c~ to six times. The natural drainage is ti•onr
east to west. 'I he impact of rtrrxltt~can not be accurately assessed because
the propos~ll did not iT7clude "I (ic'atillit ofexistirr,~ irtf•crstr•trcture crtt~l
TA Q D
Iltilili~s, iturhrclirlg: slrcc•L~~ tt~ilh upjtrcFhrialcr gt~rcles. si~etiratks, access
drives; irctter', surrilcny.salt°er uncl.stctrttt e2~tt~er clrcrinuge .r}~.stett2s, ia~Frerc~
ca~pl•oljriule " as required by ~->.; (1:) ('?) (t). Also not included are
"L.t•islirtg ce~ltivtrr's oJ'tfic• Ilr`r7lx'rty lcrkcstl u1 rerulcrr cotlicnu• itllet nctls' " as
t~equired by 3-~.5 (E} (2) (i'). The-sanitary sewer nuts not evaluated as
required in the submission of the conceptual development plan.
l-his proposal does not define the ttalure ofdevetopmettt or address any of the
specitic standards required by ;-5.:i (D) (2).
(u1 A4u~-irltllm lutlcl ecrri'ra~~e of u111~uilcljttgs ntlcl inrpc'rtrteu5le a;zzas slsah
ht' esluhli ht~<l.
{h1 lllinjrttuttl n~en, sl?tree sllcrll Ge c=sttrhlisht~d atlcl cctrPtittuccf Ilruitltet,altc'e [~f
f11e OIJL'17 .SjJC1C'C' s11C111 l)E' ~7t'01'I[lC'Cl Itl 111£ SJ7YCl~1G 1'UL) OrCl114QPJGC'. ("Uj)t,'i1
sltuce" tlreut?r luttcl urea rtf the PI iC) tzctl cctt-e~recl by flllilclirl~s, jtcn'kitz~~ cu~
1'NIIiC'111tH' 1tIC1tIE'NPtTjf2~rC71'G'l!A', l)1111t1c111C1i12~r,Slorltl 1V111C'F'ClC1E't'711{)11 hCfsIP1;~
t`EC't't'~Ut1011["t{ Ut1Cl ~1('[lL'S1rIt117 Cit'@CIS, tIC11Ut'CII,fCfrlllrC'S. S1dCl1 t[.1 lt~Lttei' CY111t'SES,
ti~ucPCl/cltlcls. hltrf/a'. t~tc•.. c1t'icl pt'jt>cuc~ t'crl•rLs•. fcrtzt~.)
~t~) 1t 111Itt311/t17 it11t'i'lUi' Ctft(Il)LT11i1N1t'i' selbucks slr~rll he cstcll~lishecl.
{Gf) ~?11'l1C11fF'BS, 1)11181' 1ltc1tl JYR~'lC-ft1tF711`t'. CXljllCet111c1 Q_t"IS111Jt,T 5'til~lE-fC?Itlll)'
d~rcllilas t111rs'! be cldecflutlelt'srrc'c'n~cl u,~cllcrtul.~'c°upel'l.
(~) ~S'i~;rt re~tllcttjntts•fnt' 1~Ire PUP d[~helalattrclat s1u111 he eslGrblisr'~ea.
(f) Pror%,cintl file tlae cottljtulecl 111ajr11et1urlc~c, a~'ull itttprvvc~r;tt~tlts sltull he
tnttc'Cl tt~ilftin the nrclir7itut~c~ ca'tcthlisllitt; /IIe PL'I) clistricl.
~. 'Elie proposal does uof contain sketches of the d+:velopmeut as required 'by 3-5.~
(2) (h) or proposed cJevelopment conditions for bull., sign atld parting regulation
as required b}~ ~-5.5 (?} (m). `i'bis haves the proposed uti[ihl distri~.t open to
future devcloprnent that is not detuied. Tf "u lnc•u1io11 t,ICrp ur [lt,IC~r.fr<arljtl; d1
rn~;~liruprjute scale sFunt~ilas; the ~rcilc~ru! luculiort ctrlcl rc;Icr~iot't uTtl7ehrohertt~ to
slarroutlclitz~= clreas. inc'ludiltg 1llt~ zltttilzr~ n1lcl /atld use pullerrl r~f'clcljace111
htc?Etel'ties, the et'istitlg street si~s7e111 irI 11tc crt'ec?, cttl~f 1[tculitttl n}`~Iteclrbt'htlblir
f~?cjlilje.r " as rc:quirecl by 3-5.5 C2) (n) were included it would shon~ that this
developnlaut is incompatible n~ith t}le. si~lgh fantit}' housing in this ar;:a.
Conclusion. `I'hz c§ue. diligence required [3~~ cit;t code to apply dot the PUD dwclopnte~tu
vvas not cotnplzted. The Conceptual Dcvelctpmettt Plan was a single la}`out drawing not
the fourtee=~ requirements specilicall~ identified in 3-5.5 {fs) ('2 ). If it had bzeu cc~mph~ted,
it t~'ould only dePirnnstrate that this devtylopnient is inccmlpatible ~~~ith the s~ttroutlding
area.
TA II D
The following signed persons are in favor of rezoning
the following properties on University Avenue from R-2 to
R-l: 235, 2635%2(lots 1-7,8,9,), 2645, 2649, 2653, 2661,
2665, 2685, lot between 2685 ~ 2691, 2691, 2624, 2638,
2644, 2645, 2654, 2662, 2670, 2688, 2696, 2698, 2714.
Name Address Phone
_~S ~E ~ I~ a l~_~~r, i ~/~ ~.-C~U C. l ~~ n l Iii? /~' i~ ~ -i ~,~ ~ ~ C .~1
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The following signed persons are in favor of rezoning
the following properties on University 1~venue from .I~.-2 to
R-1: 2 35, 26351~~(Iots 1-7,x,9,), 2645, 2649, 2653, 2661,
2665, 265, lot between 265 ~ 2691, 2691, 2624, 263,
2644, 264, 2654,.2662, 2670, 26~-~~-~269~;~ 69~, 2714.
Name ~_~~._c ~-~~°~ Address,-,x-.~,~~~-~ . ~:,_~~-~.
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The following signed persons are in favor of rezoning. .
the following properties on University Avenue from.I~~2 to
R- l : 23 ~, 263 51/2(lots 1-7, ~, 9,}, 2645, 2649, 2653, 2661,
2665, 2685, lot between 2685 ~ 2691, 2691, 2624, 2638,
2644, 2648, 2654, 2662, 2670, 2688, 2696, 2698, 2714.
Name Address ~ Phone
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p p ~Y
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would like to have my
rezoned from R-2 to
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r
n
I ` (,'(~~ ~ ~', S would like to have my
property C~ (~~/ fl-P -~~ ~~~ rezoned from R-2 to ,
R- l .
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prope~y ~~ ~~ l~tU~'~~.~`~c
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would like to have my
rezoned from R-2 to
~~~ . ~~a
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I , ~~~ ~~_ ~ ~~~ ~,~~;; -,~- would like to have my
property ,.~r/, ~/ ~,~~,~,~~, ~,.~ xezoned from R-2 to
R-1.
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h
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would like to have my
rezoned from R-2 to
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property ~C ~i ~' L~ ~~~'~~ ~~y,~. ~~ rezoned from R-2 to
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property ~~o ~~~ ~~~i l.~ ~1 ~~i ~l rezoned from R-2 to
l
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~4 ~- Cam'
I ~h ~-~ ~- ~ ~ ~, I4 would like to have my
property ~ ~ (~ C ,fin, ~~ ~ r-s~ `~-I~~ .~ ~~e rezoned from R-2 to
R-1.
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would like to have my
rezoned from R-2 to
I ~ ~~ ~~~ ,~~ L~;~ ~d would like to have my
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property ~~ ~1 ~ ` ~,~~~~~ ~~~~'~; l~l ~ re2oned from R-2 to
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property
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would like to have my
rezoned from R-2 to
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N DD,u,,b~uqu~e
THE CITY OF NI
DUB E t - : r
Masterpiece on the Mississippi zoos
Vicinity Map
Applicant: Carol Steckel
f,.
;~,
Location: 2624, 2635, 2635 '/2, 2638, 2644,
2645, 2648, 2649, 2653, 2654, 2661, 2662,
2665, 2670, 2685, 2688, 2691, 2696, 2698,
2714 University Avenue & Lots 1-7, 8 and 9
of Lenox Addition
Description: To rezone property from R-2
Two-Family Residential District to R-1 Single-
Family Residential District.
Proposed Area to be Rezoned
Zoning Boundary
/~
I
/4~~
/ r-~~
p'CLAIMER: TNs IMarmellon was .. , .... uelny the
Dubuque Mee GeoQephlc IMormetlan System (DAGIS), wMch
Includes tlNe croelad M' DoU fM CNy of Dubuque end
Dubuque County, I1 Is understood Mel, wNla IM Clty M
Dubuque end perddpNhg eyendes utllzed the meN crerent
end eteunle IMonnetian wNlebk, DAGIS end its supplaro do
nM wemN tM eaure~y or ctsronry o} the IMomgtlm or dale
wMNned Mreln. The City end pedkipetlny eyendas shell not
be MM lebb for erry dlreq, Indlroct, InddeMN, aomequaMlN,
punitive, ar epedN tlemeyea, whNMrtoreaeeebk or
uM..., ~..., edslny out tithe euthodxed or uneulhodzed
use of This tide ar tM imMNty to use lNS dNe or out of ery
broach of wsmMy whatsoever.
Planning ServicesNicinity Maps/ZAC/Steckel Rezoning 09_09_08
REZONING ~TAFP REPORT
Zoning Agenda: October 1, 2008
Property Addresses: 2624, 2635, 2635 ~/, 2638, 2644, 2645, 2648, 2649, 2653, 2654,
2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714 University Avenue & Lots1-7,
8 and 9 of Lenox Addition
Property Owners: Multiple
Applicant: Carol Steckel
Proposed Land Use: Residential
Existing Land Use: Residential/Vacant
Proposed Zoning: R-1
Existing Zoning: R-2
Adjacent Land Use: North -Residential Adjacent Zoning: North - R-1/R-2
East -Commercial East - C-1
South -Residential South - R-1
West -Vacant/Office West - OR/C-1
Former Zoning: 1934 -Single-Family/Multi-Family and Business B; 1975 - R-4;
1985 - R-2 Total Area: Approx. 5 Acres
Property History: These properties originally were subdivided circa 1890 as part of the
Lenox, Brunskill and Shiltz Subdivisions. The property was developed for a combination
of residential and commercial uses as it was located along old Highway 20. Highway 20
subsequently was rerouted and the street was renamed University Avenue. Most of the
houses in this neighborhood were built from 1900 to 1930 as single-family homes.
There is still one original commercial structure left within the subject area. A portion of
the property was developed for a mobile home park circa 1950.
Physical Characteristics: The subject properties total approximately 5 acres in area and
consist of 26 platted lots that are located on either side of University Avenue between
the Van Buren and Ethel Street intersections. A portion of the properties drain their
storm water to the north to properties along Beverly Street and others drain to
University Avenue. University Avenue slopes from the high point at the north end of
the subject area to the low point at the south end of the subject area. Currently, there
are three vacant lots in the subject area. The remaining lots are built with single-family
homes and several duplexes.
Concurrence with Comprehensive Plan: The Future Land Use map for the subject
area recommends single ortwo-family residential development. The Comprehensive
Plan land use goals recommend promoting inclusive and economically integrated
neighborhoods that allow a diverse mix of residents and housing types, providing a
range of housing options throughout the community, preserving the historic and
Rezoning Staff Report -Steckel Rezoning Request
Page 2
aesthetic character of and function of established neighborhoods and encouraging
neighborhood identity, planning and pride of place.
_._
Impact of equest on:
Utilities: Existing utilities are adequate to serve the site and rezoning should have
limited impact on future utility demands.
Traffic Patterns/Counts: The Iowa Department of Transportation average daily
traffic counts for 2005 indicate 9,900 vehicle trips per day along University Avenue
just east of the subject area and 7,500 vehicle trips per day along University
Avenue just west of the subject property. Rezoning the subject area should have
little impact on the overall traffic volumes in this neighborhood.
Public Services: Existing public services are adequate to serve the site and the
proposed rezoning should have little effect on public services.
Environment: Staff does not anticipate any adverse impact to the environment as
most all of the properties in the subject area are developed. Any future
development of the vacant lots or redevelopment of existing properties within the
subject area will have to provide adequate erosion control and storm water control
during all phases of development.
Adjacent Properties: The proposed rezoning should have limited impact on
adjacent properties because most of the properties within the subject area are
developed. 'The potential development of the three vacant lots or redevelopment
of existing lots would also have limited impact on adjacent properties.
CIP Investments: None proposed.
__
__
Staff Analysis: The applicant is proposing to rezone 26 lots located along University
Avenue from R-2 Two-Family Residential district to R-1 Single-Family Residential
district. Currently, there are 15 single-family homes, 6 detached garages, 3 duplexes
(two of which currently may be being used as asingle-family home), and 3 vacant lots
in the subject area. The abutting properties, both north and south of the subject area
along Beverly Avenue and New Haven Street are primarily single-family residences.
The properly to the west of the subject area consists of a vacant lot zoned OR Office
Residential district and an office building and associated parking lot zoned C-1
Neighborhood Commercial district. To the east of the subject area are several office
buildings and a tanning salon. Development activity in the subject area has been very
limited within the past several years.
Rezoning Staff Report -Steckel Rezoning Request
Page 3
Most of the lots in the subject area along the north side of University Avenue are less
than 6,000 square feet in area; and, therefore, could not accommodate a new duplex or
duplex conversion under current zoning requirements without a special exception from
the Zoning Board of Adjustment. Most of the lots on the south side of University
Avenue are in excess of 6,000 square feet and could be converted to duplexes if the
required amount of parking were to be created. Most of the residential structures in the
subject area are legally non-conforming in that they do not meet current required
setbacks for either the existing R-2 or the proposed R-1 district standards.
Currently, there are 3 vacant lots in the subject area. The owners of two of these
vacant lots (Lots 1-7 and Lot 9 of Lenox Addition) have been granted a special
exception to place a duplex on a substandard lot-both have less than the 6,000 square
feet required, by the Zoning Board of Adjustment. They have also been approved to
demolish an existing duplex at 2635 University Avenue, located between the two vacant
lots, and replace it with a new duplex on a substandard lot. If the rezoning is
approved, duplexes will no longer be permitted to be built on these three lots. The
other vacant lot is also less than 6,000 square feet in area. Therefore, it would require
Zoning Board of Adjustment approval for a duplex. There is one lot in the subject area
on the north side of University Avenue with asingle-family home that could be
converted to a duplex or redeveloped for a new duplex, because it has the required
amount of lot area. Nine of the eleven lots in the subject area on the south side of
University Avenue could also be converted or redeveloped for duplexes because they
also have the required amount of square footage. Currently there is one duplex and
two structures configured as duplexes that would be made nonconforming if the
rezoning were to be approved. Legal non-conforming status would have little impact on
existing duplexes.
Rezoning this properly would have very little impact on the subject properties, adjacent
residential properties north and south of the subject properly and also on the adjacent
commercial and office properties. There is the possibility, however, that the vacant
lots within the subject area could accommodate duplexes, or that some of the other
properties could be converted to duplexes under the current R-2 zoning. If a number of
these properties were to be redeveloped this could slightly increase the overall density
and traffic in the neighborhood. Note that if these properties were to be redeveloped
for either single-family homes or duplexes they would have to provide two paved off-
street parking spaces per unit
Currently, the properties at both the east and west end of the subject area are close to
commercial and office land uses. R-2 zoning often serves as a buffer between more
intense residential or commercial uses and single-family residential development.
University Avenue at this location is a major arterial and carries between 7,500 and
9,900 vehicle trips per day. Most of the properties within the subject area have
driveway access onto University Avenue, except for the lots that border either Prissy or
Brown Streets, which have access to the side street.
Rezoning Staff Report -Steckel Rezoning Request
Page 4
Staff recommends the Commission review the criteria established in Section 6-6.1
regarding reclassification of property.
Prepared by: ~k~i~~.~-~1 Reviewed: ~ L Date: `~2~/~
F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\Staff Reports\ZP,C Staff Reports 20 51Steckel rezoning stf rpt 09_23_08.doc
~~~l~~ r
IN.~ i ~I•lC~c.lv~~
~~. ~ ~ S
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. 08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 2624, 2635, 2635'/2, 2638, 2644, 2645, 2648,
2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714
UNIVERSITY AVENUE & LOTS 1-7, 8 AND 9 OF LENOX ADDITION FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter-described property
from R-2 Two-Family Residential District to R-1 Single-family Residential District, to wit:
Lots 1-7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 all in the Lenox Addition;
Lot 2- 2-1A of Mineral Lot 168; Lot 1-2-1, Lot 2-2-1, 8' wide strip in Lot 1, Lot
2-1-1, Lot 1-1-1 and Lot 2-2, all in Schiltz Place; Lot 1-1 of Mineral Lot 251,
Lot 2 of Mineral Lot 251 and Lot 2-2-2 of Sub of Mineral Lot 251A and Part
of Mineral Lot 250, Lot 3 of Mineral Lot 251, Lot 1-4 of Mineral Lot 251; Lot
2-4 of Mineral Lot 251, Lot 2-1-2-1-1, Lot 5 of Mineral Lot 251 and Lot 1-1-2-
1-1, Lots 2-2 and 2-2-2-1-1 all in the Prysi Farm Addition, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2008.
Roy D. Buol, Mayor:
Attest:
Jeanne F. Schneider, City Clerk
!'l j h 1 ' l I = I !~ 1~~ ~L~ ~ ~V~~ 1~ ~~ ~
~ ~ l ,~~ i ~ XC_ L ~f T'i_~
LL~~~
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. 08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 2624, 2635, 2635'/2, 2638, 2644, 2645, 2648,
2649, 2653, 2654, 2661, 2662, 2665, 2670, 2685, 2688, 2691, 2696, 2698, 2714
UNIVERSITY AVENUE & LOTS 1-7, 8 AND 9 OF LENOX ADDITION FROM R-2 TWO-
FAMILY RESIDENTIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter-described property
from R-2 Two-Family Residential District to R-1 Single-family Residential District, to wit:
Lots 10, 11, 12, 13, 14, 15, 16, 17 and 18 all in the Lenox Addition; Lot 2- 2-
1A of Mineral Lot 168; Lot 1-2-1, Lot 2-2-1, 8' wide strip in Lot 1, Lot 2-1-1,
Lot 1-1-1 and Lot 2-2, all in Schiltz Place; Lot 1-1 of Mineral Lot 251, Lot 2 of
Mineral Lot 251 and Lot 2-2-2 of Sub of Mineral Lot 251A and Part of Mineral
Lot 250, Lot 3 of Mineral Lot 251, Lot 1-4 of Mineral Lot 251; Lot 2-4 of
Mineral Lot 251, Lot 2-1-2-1-1, Lot 5 of Mineral Lot 251 and Lot 1-1-2-1-1,
Lots 2-2 and 2-2-2-1-1 all in the Prysi Farm Addition, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2008.
Attest:
Roy D. Buol, Mayor:
Jeanne F. Schneider, City Clerk