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Plat of Survey of Jaeger & Jaeger PlaceCopyrighted April 18, 2022 City of Dubuque Consent Items # 16. City Council Meeting ITEM TITLE: Plat of Survey of Jaeger & Jaeger Place SUMMARY: Zoning Advisory Commission recommending approval of the Plat of Survey of Jaeger & Jaeger Place as submitted subject to waiving the bulk regulations for lot area, lot coverage, and rear yard setbacks for the property at 1363 Iowa Street. RESOLUTION Approving the Simple Subdivision Plat: Jaeger & Jaeger Place, Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Application Supporting Documentation Subdivision Plat Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB� �I�AN01gf®d 1(563) I1 I 589-4210 phone I 1 (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi zoo7�zoiz•zo13 2017*2019 planning@cityofdubuque.org April 11, 2022 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Terry Koelker, Buesing & Associates Location: 1363 Iowa Street Description: To approve the Plat of Survey of Jaeger & Jaeger Place 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. nicr,iccinn Terry Koelker, Buesing & Associates, 1212 Locust Street, spoke on behalf of the property owner, Fortin Real Estate, LLC. He explained that this is a simple subdivision that would start with two lots and end with two lots. He stated the reason is to add parking spaces to Lot 1, making it larger, thereby making Lot 2 smaller. The Commission questioned whether the property owner was planning to sell the property. Mr. Koelker confirmed the property has recently been sold to from Jaeger & Jaeger, LLC to Fortin Real Estate, LLC. Staff Member Moon detailed the staff report. She explained that while this is a simple subdivision, which would generally be reviewed and approved by staff, this subdivision requires waiving of bulk standards, which requires the Commission's review. Moon explained that this subdivision would reallocate 855 square feet from the Iowa Street property to the Loras Boulevard property for parking. She noted that the Zoning Board of Adjustment recently granted a parking variance for the removal of two parking spaces from the 1363 Iowa Street property. Moon stated that the Commission is being asked to approve the plat and waive three bulk standards: lot area, lot coverage, and rear yard setback. She pointed out the access easement connecting the rear of the subject property to Loras Boulevard. There were no public comments. The Zoning Advisory Commission discussed the request finding it appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the simple subdivision as submitted subject to waiving the bulk regulations for lot area, lot coverage, and rear yard setbacks for the property at 1363 Iowa Street. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Terry Koelker, Buesing & Associates, 1212 Locust Street, Dubuque IA 52001 Jaeger & Jaeger, LLC, 16144 Majestic Drive, Dubuque IA, 52002 Fortin Real Estate, LLC, 16728 Budd Road, Dubuque, IA 52002 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13t" St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 1311 St (563) 589-4121 RESOLUTION NO. 130-22 A RESOLUTION APPROVING THE SIMPLE SUBDIVISION PLAT: JAEGER & JAEGER PLACE, DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Simple Subdivision Plat Jaeger & Jaeger Place, Dubuque, Iowa; and Whereas, said Simple Subdivision Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Simple Subdivision Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 5-7 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Bulk regulations is waived for lot area, lot coverage and rear yard setback for multi -family development in the OR -Office Residential zoning district. Section 2. That the Simple Subdivision Plat Jaeger & Jaeger Place, Dubuque, Iowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 18th day of April, 2022. Plat of Survey of: Jaeger & Jaeger Place, Dubuque, Iowa Page 2 ATTEST: By: VLl LL,11m . //Y d L4 Adrienne N. Breitfelder, City Clerk Dubuque THE CITY OF `i U"Tu"'T E 2007-2012-2013 Masterpiece an the Mississippi 2017*2019 PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Conditional Use Permit ❑Major Final Plat ❑Appeal ❑Minor Final Plat ❑Special Exception ❑Simple Site Plan ❑Limited Setback Waiver ❑Minor Site Plan ❑Rezoning/PUD/ID ❑Major Site Plan Please type or print legibly in ink 0611 Simple Subdivision []Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Property owner(s): I Phone: _Sb 3— 3 �7 S� Address:�1 `fj City: Stater Zip: A — Address: #: Cell #: Applicant/Agent: 7-"it f S �n �c� , Phone: J1/ Address: City: j%fkjLJStjate(l: �! Zi 5 p, 111 ip¢tf4 JAL.J�ft. f Fax #: Cell #: E-mail: Site location/address:' 363 Iowa Street Neighborhood Association: �A Existing zoning: OR Proposed zoning: N/A District: Landmark: ❑ Yes 0 No City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 plannin a,!&ofdubuque org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition [_]Port of Dubuque /Chaplain Schmitt Island Design Review Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1024411011 Total property (lot) area (square feet or acres): 2,350 sq. f. (05 acres) Describe proposal and reason necessary (attach a letter of explanation, if needed): Requesting to subdivide an existing parcel thereby creating a substandard lot with respect to the density, lot coverage, and rear setback bulk standards. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the 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 ua antee approval; and 4. All additional required written sand graphic ma ri Is re att h Property Owner(s):' ,` ,, L=�-%%� y Date: Applicant/Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: $29$Received by: Date: ocket: 1A 1, 7 9 We owned 140 Loras Boulevard.. It was a 7-plex that was landlocked with no parking on the Street due to it facing Loras and no parking in its alley or on any sides. It had 5 2 BR units plus 21BR units, Typically, 10-12 adults occupy the Loras building, and there are usthe residents have ually about 10 cars thatyP yt to park. Parking is free forth of Loras, but since St. Pat's Church and the rectory own the area just to the north, the only real parking for Loras is North of Loras On Iowa Street or one block North on 15t' Street. We purchased 1363 Iowa because it had garage that was dilapidated and needed tearing down. We felt that by picking up that extra 26 feet of lineal footage in the alley, combining It with the lineal footage behind Loras would allow for a parking lot for 140 Loras residents. 1563 Iowa does not have a bad Parking problem because it has only 3 1BR units, so it his generally been occupied by only a total of B People and either 2-3 cars, depending upon who the residents were. presently, 1 person on Iowa works days so she doesn't need a permit to park right in front raf Iowa in the evening. One resident has a metered street permit from the city. One other resident. is mostly away in the daytime, but if he is home, he parks Y block north on the free parking on Iowa. We tore down the old garage, applied for a permit and built a parking lot, working with Bob Chisel and Max Srnith. We were able to get it so that 140 Loras has at bast 6 parking spaces. Two couples park tandem and then two singles park in the middle two stalls. By doing the parking lot this way, 6/10 residents have off-street parking, which alleviates the shortage of parking that the building had prior to us purchasing the building. We have done about $150,000 of improvements to the Loras building since purchasing it in 2010, and it is considered contributing to the Jackson Park Historic District. e are getting chase to retirement age, and we wish to Mart selling buildings. We had a replat done because we had an offer to purchase 1363 Iowa Street back in May 2021. We had to obtain signatures from 22 people in between the two buildings we own, the rowhouses, to be able to do the replat because an out-of-date easement needed to be terminated. It took us nearly 9 months now and that sale could not go through because once we got those signatures, we were told there are: variances needed. We now have a new buyer that would buy both: buildings, but forthepermanent allocation of the parking, the Loras building has 10 cars, so it needs the 6 spaces way more than the Iowa building who only has B cars. We want the replat so that the parking lot is owned entirely by Loras, We believe that these improvements improve or keep with the exiting usage for both buildings, and that no neighbors object to this, especially since we just met'With there all and explained our intention and they signed Gaff on it. We visited with Wally Wernimont, and he agrees with our -thinking. We come now and formally petition for these variances. Thank you. Jackie Jaeger 563_543-2478 Robert Jaeger 563-513-12 8 Jaeger & Jaeger, LLC Terry KoetKer, 13uesing & associates did the replatting and repined the entire block. of 1300.1400 Iowa Street all the way back to the alley behind it in conjunction with this process. 2 < x cq cu CD p— it 00 ,Lava tuwci autm'rckimag VC11mIlLtO131111ple L0LaP11y1AV1S1U11 u��/����z rcom5/rercn-/o 6� Subject: 1363 IoNva Street - Parking, Variance & Simple Lot SplittDivision From: Shena Moon <Smoon@cityofdubuque,org> vw Date: 2/25/2022, 3:29 PM CC: Wally NVerairriont <Wwemimo@-cityofdubuque.org>, Terry Koelker <tIkoelkerCabuesing.CoM> fill Hi Jackie, Our office has been working with Terry Koelker(Buesirg) to process your subdivision plat (Jaeger & Jaeger Place).AsI understand it, you were able to discuss the process with Wally and Terry last Friday. As a follow-up tothat discussion, Wally requested that I provide you with the two applications you will need to process the plat as proposed. Please note, we advise to proceed with the Parking Variance first and then proceed with the Simple Lot Split/Division. I've attached the Variance Handout for the parking variance. Please review the information in the packet and then you will need to complete the application page which is the last page of the document, I've filled |n some of the information already so please fi|| |n'Lho nmrno|n|ng information and have the application signed and returned boour office. Anapplication fee |oalso due atthe time ofsubrnytta|(we acdaptcredit card, cash, orchecks made payable to the City of Dubuque). The fee for this application is $374 + $2 per public notice required, Fora Variance application the Unified Development Codes requires us to notify all property owners within 20V of the subject property. We have determined that 18 property owners are located with 200' of the subject site and therefore the total application fee will ba$41O. � The Variance will require review bvthe Zoning Board ofAdjustments which |saquasi-judicial board comprised of five members. Theymeeting regularly onthe 4th Thursday ofevery month. In the chart below, I've provided the dates for upcoming meetings along with the submittal deadline dates. Slim p litLe Lot S /Division: |����1��mpleLot handout for the lot divisions. Please complete the application page which kathe last page ofthe document. I've filled insome mfthe information already aoplease fill in the remaining information and have the application signed and returned to our office. | want topoint out that the application may seem olittle misleading because itisgeared toward simple lot splits when the new parcels created are standard lots meeting all the required development standards. Because the new parcel you are proposing to create would be a substandard lot with respect to the lot density, lot coverage, and rear setbacks, your plat will require review by the City's Zoning Advisory Commission (ZAC) and City Council. Anapplication fee of$298 also due at the time of submittal (we accept credit card, cash, or checks made payable to the City ofOubuqual. m Below I've provided the upcoming dates for the IACand the City CounciUmeeting dates that would follow the ZACda1es. As I mentioned above, we recommend proceeding with the Zoning Board of Adjustment first and these dates below would follow the dates above. Zoning Board of Zoning Advisory City Council Meeting Submittal Deadline Adjustment Meeting Commission Meeting Date Date Please feel free to reach out to Wally or me if you have any questions. 1of2 _ 2/25/2022,3`39F Addendum to Planning Application Form — Simple Subdivision To: City of Dubuque — Planning Services Department Attn: Shena Moon, Associate Planner I City of Dubuque I smoon(a-,cityofdubug ue.org Re: 1363 Iowa Street, Dubuque, IA 52001 The owner of the property at 1363 Iowa Street, Dubuque, IA 52001 effective March 15, 2022 is Fortin Real Estate, LLC. Fortin Real Estate, LLC will continue with the Application for Simple Subdivision started by Jaeger & Jaeger, LLC. The contact information for Fortin Real Estate, LLC is listed below. Jackie Jaeger from Jaeger & Jaeger, LLC, the former owner of the property and original applicant, will remain involved in the process to assist Patrick Forting of Fortin Real Estate, LLC. Fgirlkin,Real Estate, LLC, March 15, 2022 a v P tri k Fortin, Member anager Fortin Real Estate, LLC 16728 Budd Road Dubuque, IA 52002 fortinenterpriseLdgmail.com 563- 581-3375 Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa INDEX LEGEND Location: Jaeger & Jaeger Place SE1/4 of Section 24, T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Jackie Jaeger Proprietors of Lot 2 & Lot 1-1 N2/5 City Lot 461: Fortin Real Estate, LLC, an Iowa Limited Liability Co. 16728 Budd Road, Dubuque, IA 52002 Surveyor. Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tikoelker@buesing.com (563) 5564389 NOTE THIS SURVEY IS COMPRISED OF: LOT 2 OF N2/5 OF CITY LOT 461 & LOT 1-1 OF N2/5 OF CITY LOT 461, IN THE CITY OF DUBUQUE, IOWA PREPARED BY. BUESING & ASSOCIATES DUBUQUE, IOWA PHONE: / �kt- 'A �o�� O / 0 \ 630 01 2', Ag'k / INGRESS &XREGRESS EASEMENT\-0�2G� PER BOOK 17, PAGE 152 / LEGEND • FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) ® PLACED CUT "X" O PLACED 5/8"IRON REROD W/ORANGE "KOELKER PLASTIC CAP MARKED 15487" SURVEYED BOUNDARY LINE PROPERTY LINE ROW RIGHT OF WAY LINE IP IRON PIPE SF SQUARE FEET RECORD DIMENSION ��\O\\��°111LAND V O TERRY L. ° e KOELKER e 0 15487 * �f /���bj�i�.e.e O �a _OT 1 871 SF �J OT )F L—Ty LOT 461 WIDE GPS G QER y N � T o�F � vo� ]of N25 OF CITY i�o� 2G� V0A A6� OF p0 g2- S: 1212 LOCUST STREET, 556-4389 �'ilk s o:g r CD ............ J�1 LOT 2 LOT 1,491 SF 3 00� o 1 \ �QaNt \ OESP\5 �QaNt ZO 5 NOO 0 G�� 0 E v M� 15 OE(PasGp,\� O a � o a 0-F ��rn a > o0 � i C roo rna_ l0� , tom_ > NO'( N 0' 15' 30' 60' NOTES SCALE: 1" = 30' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF PERIMETER SURVEYED IS 0.169 ACRES (7,362 SF). 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 4. BEAR IS BASED ON NAD 83, ZONE 1401, IOWA NORTH COORDINATES I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICE LAND R U DER THE LAWS OF E STAT OF IOWA. TERRY L. VOELKER (DATE) LICENSE NUMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 SHEETS COVERED BY THIS SEAL : SHEET 1 & 2 ENGINEERS AND SURYEYORS 1212 LOCUST ST. DUBUQUE, IA (563) 556-4389 SURVEY DATE: 6/23/21 PLOT DATE: DWG. NO. 21170-01 SCALE: 1" _ SHEET 1 OF 3 i Surveyor's Certificate Sheet 2 of 3 Dubuque, Iowa I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lots 1-1 of the N2/5 of City Lot 461 and Lot 2 of the N2/5 of City Lot 461, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as JAEGER & JAEGER PLACE, in the City of Dubuque, Dubuque County, Iowa. Total area of JAEGER & JAEGER PLACE is 0.169 acres (7,362 square feet). Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of -way of record and not of record, the plat of which is attached hereto and made a part of this certificate. BY: 1 / ;4z .4)2-1�t— TerryTlker Licensed Land Surveyor License No. 15487 3 Date License Renewal Date: 12/31/23 Owner's Consent Dubuque, Iowa 2 2022 The foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. FortG��a�l Es ,LLC Patrick Fortin, Member State of Iowa ) County of Dubuque ) ss: On this L 7 " day of 610,Hh , AD 2022, before me the undersigned, A Notary Public in and for the State of Iowa, personally appeared Partrick Fortin, to me personally known, who, being duly sworn did say that he is a Member of Fortin Real Estate, LLC and that the above instrument was signed on behalf of said limited liability company by authority of its Board of Directors, and that said Patrick Fortin, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. G'c LU / AL J/ L�gfj6 otaryPulllic in and for the State of Iowa My Commission Expires `1-1 $ - ZO ZZ Sheet 3 of 3 /' City of Dubuque Zoning Advisory Commission Dubuque, Iowa 2022 The foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa was reviewed and approved by the Zoning Advisory Commission of the City of Dubuque, Iowa, on the date first written above. /r V—d— Chairpe s City of Dubuque Zoning Advisory Commission City of Dubuque, Iowa Dubuque, Iowa y/ i 9 , 2022 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa, as appears heretofore has been filed on ITT day of r;1 , 2022 as resolution # 130-aa in the office of the City Clerk of Dubuque, Iowa, and fhat the City Council of the City of Dubuque, Iowa, approves said plat. Mayor of the ti�ef'Dubuque, IA A" /�j Clerk of the City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa , 2022 The foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. City Assessor of the City of Dubuque, Iowa Countv Auditor's Certificate Dubuque, Iowa 2022 The foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this day of , 2022. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa Recorder's Certificate Dubuque, Iowa , 2022 The foregoing Plat of Survey of: JAEGER & JAEGER PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder Dubuque THE CITY OF AIIRmerica City DUB E 1I��j► 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map o �? F N� P� gSeURrR ENNSYLVAN AAVE DODGEJS/T �/ �n SwgRTFRiq VicinityMap Applicant: Terry Koelken - Buesing & Associates Location: 1363 Iowa Street Request type: Simple Subdivision Description: Requesting to subdivide an existing parcel thereby creating a substandard lot with respect to the density, lot coverage, and rear setback bulk standards. ® Subject property 0 15 30 60 `NN\ Feet / V 1:428 THE C Dubuque DUUB-k All-buica City Masterpiece on the Mississippi � pp 13 zo°''o 2017*20*2019 TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: March 30, 2022 RE: Jaeger & Jaeger Place Subdivision Plat Dubuque, IA INTRODUCTION The submitted Jaeger & Jaeger Place simple subdivision' plat proposes to reconfigure the property at 1363 Iowa Street as well as the adjacent property at 140 Loras Boulevard. The property at 1363 Iowa Street is improved with a three-story brick building containing 3 residential units. The building was construct in 1880 and 2 paved parking spaces are onsite. The property at 140 Loras Boulevard is improved with a three-story brick building that was constructed in 1900 which contains 7 residential units and there are 2 parking spaces onsite. The existing site configuration is shown in the image below. 1363 Iowa Street & 140 Loras Boulevard A Current parcel configuration • �e 140 Loras Blvd 1375 3'3 1 L �, • 1363 Iowa Sr.: Yf , i 1351 The Unified Development Code Chapter 11 defines a Simple Subdivision as `Any subdivision or consolidation of property in which no new streets, public or private, are proposed, which does not require the construction of any public improvements, and which creates fewer than three lots." Staff Memo — Jaeger & Jaeger Place Subdivision Plat, Dubuque, IA The proposed plat would subdivide a portion of the 1363 Iowa Street property and reallocate it to the 140 Loras Boulevard property. The property owner is seeking to reconfigure the parcels in order to more adequately align the existing parking spaces with the parking space demand for each property. Although the status -quo of total parking spaces in the neighborhood would not be impacted, because the proposed subdivision would remove the existing parking from 1363 Iowa Street, a Parking Variance request was submitted and reviewed by the Zoning Board of Adjustment at their meeting on March 24, 2022. At that meeting the Zoning Board of Adjustment approved the Parking Variance. The image below and attached subdivision plat depict the proposed reconfiguration. 1363 Iowa Street & 140 Leras Boulevard 1219 New parcel configuration 53?OrL \\ 140 Loras Blvd „5 r 1373 - y n' �9563 � 1355 r . DISCUSSION The properties at 1363 Iowa Street and 140 Loras Boulevard are under common ownership. The proposed subdivision would reallocate approximately 855 square feet of the western portion of 1363 Iowa Street to the 140 Loras Boulevard property. The subject properties are both located within the OR — Office Residential zoning district within the City of Dubuque. The Zoning Advisory Commission and City Council are the reviewing authorities for simple subdivisions that require a waiver of bulk regulations. The Zoning Advisory Commission shall review the plat to determine whether it is in substantial conformance with the Unified Development Code and has the authority to waive bulk regulations. 2 Staff Memo — Jaeger & Jaeger Place Subdivision Plat, Dubuque, IA The Unified Development Code outlines bulk regulations for OR Office Residential zoning district. These regulations address minimum lot frontage, required lot area per unit, maximum lot coverage, setbacks, and maximum height. It is not uncommon for properties in the neighborhood of the subject subdivision to be legally non -conforming with respect to the code required bulk regulations. For example, the property at 140 Loras Boulevard is legally non -conforming with respect to the bulk regulations for lot area, lot coverage, and front setback. Because the proposed subdivision would not create a condition that would increase these legally non -conforming conditions, a waiver of bulk regulations is not required for that property. The property at 1363 Iowa Street is currently legally non -conforming with respect to lot area and lot frontage. While the proposed subdivision plat will not affect the lot frontage, the lot area will increase the existing non -conformities and create two new non -confirming conditions related to lot coverage and rear yard setback. Consequently, a waiver from the bulk regulations is required in order to approve the proposed subdivision plat. Below is a chart identifying the current code required bulk regulations, the current conditions on the site and the proposed new condition resulting from the subdivision plat for 1363 Iowa Street. 1363 Iowa Lot Area 1,200 sq. ft of site area required per dwelling unit Approximately 780 sq. ft. per dwelling unit Approximately 560 sq. ft. per dwelling unit Lot Coverage 50% lot coverage Approximately 44% Approximately 70% Rear Yard Setback 10 feet 45 feet 7.75 feet Lot Frontage 50 feet 20.8 feet No change The City's Comprehensive Plan identifies the future land use for the subject properties as Mixed Use which includes a mix of land uses such as residential and commercial, and a mix of housing types from single-family homes to multi -family units. The subject properties are both currently multi -family residential uses, and the proposed simple subdivision will not result in a change of the residential use. As requested, the proposed subdivision will have little effect on the status of the subject lots or surrounding properties. Except for the aforementioned non -conforming conditions on the 1363 Iowa Street property, the Jaeger & Jaeger Place subdivision plat will comply with all aspects of the City of Dubuque's subdivision regulations contained in the Unified Development Code and the land use goals within the City's Comprehensive Plan. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Jaeger & Jaeger Place subdivision plat and recommends approval as submitted of the Simple Subdivision subject to waiving the bulk regulations for lot area, lot coverage, and rear yard setback for the property at 1363 Iowa Street. Enclosure 3