Request to Rezone 2529 Marywood Drive_Hearing Copyrighted
April 15, 2024
City of Dubuque Public Hearings # 01.
City Council Meeting
ITEM TITLE: Requestto Rezone 2529 Marywood Drive
SUM MARY: Proof of publication on notice of public hearing to consider a request
from the Pregnancy Center to rezone 2529 Marywood Drive from R-1
Single-Family Residential to R-2 Two-Family Residential, and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City Of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter
described property from R-1 Single-Family Residential to R-2 Two-
Family Residential
SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA
DISPOSITION:
ATTACHMENTS:
Description Type
ZAC Memo to CC Supporting Documentation
Planning Application Staff Memo
Vicinity Map Supporting Documentation
Staff Report Staff Memo
Zoning Districts Supporting Documentation
Ordinance Ordinance
Planning Services Department dubu�ue
City Hall THE CITY OF +�
50 West 13th Street u�;�!!�ti�
Dubuque,IA 52001-4864 �T T� � 1`� r, Ij'I
(563)589-4210 phone U � � ,
(563)589-4221 fax za��.zo�z•zoi3
(563)690-6678 TDD Masterpiece on the Mississippi 2017*2�19
plannin�@cityof dubuque�or�
April 5, 2024
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: The Pregnancy Center
Location: 2529 Marywood Drive
Description: To rezone property from R-1 Single-Family Residential to R-2 Two-Family
Residential
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request
at their meeting on April 3, 2024. The application, staff report, and related materials are
attached for your review.
Discussion
Dakota Schilling, 12346 Swiss Valley Road, spoke on behalf of the request, stating that
they're looking to rezone the property in order to create two residential rental units on the
property.
The Commission asked if Schilling owned the subject property, and he stated not yet and
that that the sale was contingent on approval of the rezoning request.
There was no public input.
Staff detailed the staff report noting that the property was annexed around 1960 to 1963,
that the dwelling was built in 1963 and the church in 1973, and that the property was
zoned as R-2 in 1975 and was downzoned to R-1 by 1985. Staff noted that the existing
site contains two structures which share utilities, which make it difficult to reuse the
existing structures as anything other than another church or one single-family residence.
Staff explained how rezoning to R-2 would allow both buildings to be utilized as
residences on a single lot, and that without the rezoning the owner would have to
subdivide and separate utilities which is cost prohibitive. Staff noted that without rezoning
it could continue to be used as a church and rectory, that the property would have a
parking credit given its former use as a church, and that one letter of opposition was
submitted. Staff noted that it appeared the author of the submitted letter may have
misunderstood the request as it mentions they are opposed to the use of a property as a
medical clinic. Staff clarified that the proposal is not to establish a clinic, and that a clinic
is not a permitted use in the R-2 Zoning district.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
The Commission sought to clarify whether a clinic would be allowed in an R-2 zone. Staff
stated that a clinic would not be a permitted use in the R-2 zoning district. The
Commission clarified that according to the application, The Clarity Clinic is the current
owner and is seeking to sell the property. Staff concurred, stating that the concerns
outlined in the letter of opposition likely stemmed from the property being owned by The
Clarity Clinic.
The Zoning Advisory Commission discussed the request, finding it appropriate.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
�� � 1
�
d j`� ��. '�
Matt Mulligan, Chairperso
Zoning Advisory Com ' sion
Attachments
Service People Integrity Responsibility Innovation Teamwork
THE CITY C7F City oF Dubuque
Planning Services DepartmenY
�T �� � Dubuque, IA 5Z001-4845
U Phone: 563-589-4210
Fax: 563-589-4221
11/If�5te1�71E'C�U17 f�I�Mi4SISSIF7�71 planninqCc�citvofdubupue.orq
a � •
Zonin�_Advisory Zonina Baard of De�ela ment Services His�aric Preservation Commissian
Cornmission Adiustment
❑ Annexation ❑ Demolition Review
❑ Amended PUD ❑ CondiEsonal Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan
X❑ Rezoning/PUD�1D ❑ Special �xception ❑ Site Plan Simple ❑ Certificate of Eeonomic Non-Viadility
❑T�xt Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of
❑ 5imple Suhdivision ❑ Appeal ❑ 5ite Plan Major Appropriateness
❑ Preliminary Plat ❑ Simple Subdivision ❑Advisory Design Review(Public
❑ Major Final Plat ❑Te[nporary lJse Permit Projects)
❑ Minor Final Plat ❑ Rort of��buque/ ❑ Historic Designation
❑ Waiver from Site Chaplain Schmitt Island
Design Standards Design Review
. , - � . . . -.
A. Property Irtformation
Site Location/Address:2529 Marywood Dri�e
Legal Descriptian/Parcel ID#/Subdi�ision: ���53�J4�36
ExisCing Zoning: R-� Proposed Zoning; R-2 Site Area (sguare Feet/a�res): O.2 aC�"@S
Historic District: n�a _andmark: ❑ Yes � f�o
B. Describe proposaf artd reason far application (attach a letter af explanation, if nacessary):
To rezone�roperty from R-1 Sinqle Family to R-2 Two Family Residential.
C. Applicant/Agent Informatio `!f4�� �
Name; Y!d� ^ c�✓ Phone: � � ����'���
Address: �� cl��v City; ��
Stat��Zip:��'z;� / Email, � � u+✓'� � . c�
D, Property Owner(s) Informatinn ��'Z �� � �e'`� v `/J� ' ��
N m . The Pregnancy Cen�er dba The C[arity inic . �3} 556-5250
a e(s), Phone.
Add�ess: 3365 Hillcrest Road �;�,: Dubuque
state; �A z�P: �2002 Ema;i; medical@clarityclinic.com
�. Certification: 1�we, the undersigned,do hereby certify�acknawledge that;
1. Payment does not guarantee appro�al and fees are nonrefundable;
2.All additiortal required written and graphic materials are attachecf;
3.It is the properry owner's responsibility ta locate property lines and to review the abstract far easemenYs and restrictive
ca�enants; and
4.The information submitt herei is true and� rrect to the best of my/our knowledge and upon s mit�al ecomes
public record. f� � � �
Applicant/Agent: -�_ C�ate: -� l�
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Property Owner(s); `. f.,. ;�. �; 4....... ._-�`- Date- i
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.• ��.� Applicant: The Pregnancy Center Dba The Clarity
—� � Clinic
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� � Location: 2529 Marywood Drive
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f�F3 � Description: To rezone property from R-1 Single-
` Family Residential to R-2 Two-Family Residential.
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REZONING STAFF REPORT Zoning Agenda: April 3, 2024
Property Address: 2529 Marywood Drive
Property Owner: The Pregnancy Center Dba The Clarity Clinic
Applicant: The Pregnancy Center Dba The Clarity Clinic
Description: To rezone property from R-1 Single-Family Residential to R-2 Two
Family Residential.
Proposed Land Use: Residential Proposed Zoning: R-2
Existing Land Use: Residential/Place of Religious Exercise Existing Zoning: R-1
Adjacent Land Use: Adjacent Zoning:
North — Residential North — R-1
East— Residential East— R-1
South — Residential South — R-1
West— Residential West— R-1
Former Zoning: Prior to 1975 — SF
1975 — R-2 Two-Family Residential
1985 — R-1 Single-Family Residential
Total Area: .2 acres / 9,430 sq. ft.
Property History: The subject property is comprised of one lot and is improved with a split
foyer single-family residential dwelling built in 1963 and a walkout church building built in
1973. The dwelling was utilized as the rectory, and the church building was used for
religious assembly and gatherings. The property is considered legally non-conforming' with
respect to off-street parking. The property was originally annexed between 1960 and 1963.
It was zoned as SF (`single-family' prior to 1975), was later zoned R-2 in the 1975 zoning
map and has been zoned as R-1 since 1985.
Physical Characteristics: The subject property is approximately .2 acres (9,430 sq. ft) in
area. The property is a corner lot and has frontage along both Crissy Drive and Marywood
Drive. The site provides three off-street parking spaces. The site slopes downhill from the
highpoint along the north side of the property toward the Marywood right-of-way to the
south. There is a drainage catchment system on the north side of the property. The
surrounding development consists of low-density residential uses on all sides.
� NONCONFORMING CHARACTERISTICS OF USE: Whenever,due to the adoption or amendment of this title,off street parking,
paving of parking area,landscaping,screening,and similar site improvements do not conform to the requirements of this title,the
deficiencies shall be considered lawful nonconforming characteristics of such use.
Rezoning Staff Report: 2529 Marywood Drive Page 2
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Aerial Site Image
Concurrence with Comprehensive Plan: The Comprehensive Plan encourages a mix of
housing affordable for all segments of Dubuque's population throughout the community.
The City's Future Land Use Map identifies the subject property as Single-Family
Residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the subject property.
Traffic Patterns/Counts: The area has not had a recent traffic count. In 1975 the lowa
Department of Transportation (IDOT) categorized Marywood Drive as `local' with 240
vehicle trips and Crissy Drive as `local' with 720 vehicle trips per day. The proposed
rezoning could, at maximum development, provide four total units. Given a dwelling is less
impactful to the neighborhood than a church, rezoning from R-1 to R-2 should have little
impact on traffic patterns or counts in the neighborhood.
Rezoning Staff Report: 2529 Marywood Drive Page 3
Public Services: Existing public services are adequate to serve the subject property
regardless of how it may be utilized or redeveloped.
Environment: The subject property consists of one lot which is improved with a dwelling
and a church. The property would be limited to 40% lot coverage with structures and any
redevelopment of the site would be subject to review by the city's Development Review
Team (DRT) which ensures the work is compliant with city codes and that any potential
effects on the environment would be mitigated. Therefore, the proposed rezoning is not
anticipated to have an any adverse impacts on the environment.
Adjacent Properties: The subject property is surrounded by residential development. The
proposed rezoning would allow a dwelling unit within the existing dwelling and within a
former church building. Given a dwelling is less impactful to the neighborhood than a
church, rezoning should have little negative impact on adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant proposes to rezone the subject property located at 2525
Marywood Drive from R-1 Single-Family Residential to R-2 Two-Family Residential in order
to create a dwelling unit within the existing church building. The subject property is
comprised of one 9,430 sq. ft. corner lot and is improved with a split foyer dwelling to the
south and an attached walkout church-building to the north. The dwelling was constructed
in 1963 and the church building was constructed in 1973. The dwelling was utilized as the
rectory and the church building was used for religious assembly and gatherings. The
property was originally annexed between 1960 and 1963. It was zoned as SF (`single-
family' prior to 1975), was later zoned as R-2 in the 1975 zoning map and has been zoned
as R-1 since 1985. The site is considered legally non-conforming with respect to off-street
parking but does provide two off-street spaces. The site slopes downhill from the highpoint
to the north to the Marywood right-of-way to the south. There is a drainage catchment
system on the north side of the property. The surrounding development consists of low-
density residential uses on all sides.
The R-2 zoning district permits the same uses as the R-1 zoning district and adds two-unit
townhomes and duplexes to the list of permitted uses. The chart below provides a side-by-
side summary of the Principal Permitted Uses in both zoning districts. The uses highlighted
in yellow are permitted in each zoning district. A copy of the full summary of each zoning
district is attached to this report.
Chart provided on the following page.
Rezoning Staff Report: 2529 Marywood Drive Page 4
. . - .
R-1 Zonin District R-2 Zonin District
Cemetery, mausoleum, or columbarium. Cemetery, mausoleum, or columbarium.
Communit ardens. Communit ardens.
Golf course. Golf course.
Parks, public or private, and similar natural Parks, public or private, and similar natural recreation areas.
recreation areas.
Place of religious exercise or assembly. Place of religious exercise or assembly.
Public, private or parochial school approved Public, private, or parochial school, approved by the state of
b the state of lowa K- 12 . lowa K- 12 .
Railroad or public or quasi-public utility, Railroad or public or quasi-public utility, including substation.
includin substation.
Sin le-famil detached dwellin . Sin le-famil detached dwellin .
Townhouse(maximum 2 dwelling units).
Two-famil dwellin duplex .
The area has not had a recent traffic count. In 1975 the lowa Department of Transportation
(IDOT) categorized Marywood Drive as `local' with 240 vehicle trips and Crissy Drive as
`local' with 720 vehicle trips per day. The proposed rezoning could, at maximum
development, provide four total units. Given a dwelling is less impactful to the
neighborhood than a church, rezoning from R-1 to R-2 should have little impact on traffic
patterns or counts in the neighborhood.
The subject property consists of one lot which is improved with a dwelling and a church.
The property would be limited to 40% lot coverage with structures and any redevelopment
of the site would be subject to review by the city's Development Review Team (DRT)which
ensures the work is compliant with city codes and that any potential effects on the
environment would be mitigated. Therefore, the proposed rezoning is not anticipated to
have an any adverse impacts on the environment.
The Comprehensive Plan encourages a mix of housing affordable for all segments of
Dubuque's population throughout the community. The City's Future Land Use Map
identifies the subject property as Single-Family Residential.
The subject property is surrounded by residential development. The proposed rezoning
would allow a dwelling unit within the existing dwelling and within a former church building.
Given a dwelling is less impactful to the neighborhood than a church, rezoning should have
little negative impact on adjacent properties.
Planning staff recommends that the Zoning Advisory Commission review the information
provided and make a recommendation on the requested rezoning to the City Council in
accordance with Chapter 9 of the Unified Development Code and the criteria established
for granting a zoning reclassification.
� � I/��
Prepared by: ��� ����� —fZeviewed by: {'�'�-- Date: 3/27/2024
16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL:
The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the
encroachment of incompatible uses.The principal use of land in this district is for low density single-family dwellings and related
recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009)
16-5-2-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-1 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private or parochial school approved by the state of lowa (K- 12).
Railroad or public or quasi-public utility, including substation.
Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020)
16-5-2-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-1 district, subject to the provisions of section16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
Keeping of horses or ponies.
Licensed adult day services.
Licensed childcare center.
Mortuary,funeral home, or crematorium.
Off street parking.
Tour home.
Tourist home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014)
16-5-3: R-2 TWO-FAMILY RESIDENTIAL:
The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities
and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities
of a low density residential neighborhood. The principal use of land in this district is for low density single-and two-family dwellings
and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009)
16-5-3-1: PRINCIPAL PERMITTED USES:
The following uses are permitted in the R-2 district:
Cemetery, mausoleum, or columbarium.
Community gardens.
Golf course.
Parks, public or private, and similar natural recreation areas.
Place of religious exercise or assembly.
Public, private, or parochial school, approved by the state of lowa (K- 12).
Railroad or public or quasi-public utility, including substation.
Single-family detached dwelling.
Townhouse(maximum 2 dwelling units).
Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020)
16-5-3-2: CONDITIONAL USES:
The following conditional uses may be permitted in the R-2 district, subject to the provisions of section16-8-5 of this title:
Accessory dwelling unit.
Bed and breakfast home.
Hospice.
Licensed adult day services.
Licensed childcare center.
Mortuary,funeral home, or crematorium.
Off street parking.
Tour home.
Tourist home.
Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014; Ord. 20-22, 5-20-2022)
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 563-589-4121
ORDINANCE NO. 8 - 24
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY RESIDENTIAL
TO R-2 TWO-FAMILY RESIDENTIAL
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter —described
property from R-1 Single -Family Residential to R-2 Two -Family Residential, to wit:
LOT 7 Block 21 Clover Hills Subdivision, and to the centerline of the adjacent
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That 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 15th day of April, 2024.
r
Brad M. Cava nCg; Mayor
Attest:
S& 00��
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
04/05/2024
and for which the charge is 40.30
Subscribed to before me, a Notary PuBIic in and for
Dubuque County, Iowa,
this 8th day of April, 2024
Notary ' is in and for Dubuque County, Iowa.
P � � JANET K. PAPE
s
a' Commission Number 199659
zy` My Commission Expires
12/1112025
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 15th day of April, 2024,
at 6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
REZONINGS
1. "Request from Jordan Rettenmaier, Rettenmaier Properties
to rezone property located at 1100 Lincoln Avenue from R-2A
Alternate Two -Family Residential and C-1 Neighborhood Shopping
Center to R-3 Moderate Density Multi -Family Residential.
2. "Request from The Pregnancy Center Dba The Clarity Clinic
to rezone property located at 2529 Marywood Drive from R-1
Single -Family Residential to R-2 Two -Family Residential.
TEXT AMENDMENT
1. "Request from the City of Dubuque to amend the Unified
Development Code to remove the off-street parking requirements
for properties located within the Jackson Park and Cathedral
Historic Districts.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Adrienne N. Breitfelder, CMC
City Clerk
1t 4/5
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
04/19/2024
and for which the charge is 19.87
a.`f 5/MAZ-9‘4.
Subscribed to before me, a Notary Pu lic in and for
Dubuque County, Iowa,
this l9th day of April, 2024
Notary Pf in and for Dubuque County, Iowa.
8 . JANET K. PAPE
rCommission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 8 - 24
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, is hereby amended by
reclassifying the hereinafterdescribed property from R-1
Single -Family Residential to R-2 Two -Family Residential, to
wit:
LOT 7 Block 21 Clover Hills Subdivision, and to the
centerline of the adjacent right-of-way, all in the City of
Dubuque, Iowa.
Section 2. That 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 15th day of April, 2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 19th day of April, 2024.
/s/Adrienne N. Breitfelder, CMC, City Clerk
It 4/19