3030 Brunskill rezoningCity Hail
(563) 589-4210 office
(563) 5894221 fax
plalming~cityofdubuque.org
December 11, 2001
The Honomble Mayorand City Council Members
City of Dubuque
City Hall-50W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Paula Behr, American Realty/Patzer Investments, LLC
Location: 3030 Brunskill Road
Description: To rezone from PUD Planned Unit Development 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, noting there is sufficient lot area for the keeping of
two horses and there is an existing barn on the property.
Staff reviewed the surrounding zoning and land use. Staff also reviewed the previous
rezoning request submitted. Staff noted a petition in support of the R-1 rezoning and
conditional use permit request to allow two horses on the property had been received by the
Zoning Board of Adjustment. Staff reported that the Zoning Board of Adjustment had
approved the conditional use permit request on November 29, 2001, subject to R-1 rezoning.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed rezoning
will not adversely impact adjacent property.
Recommendation
By a vote of 7-0, 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,
Eugene Bird, Jr., Chairperso
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Jmnovafion Teamwork
Prepared by: Laura Caretens, CitY Planner Address: City Hall= 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 79--01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE
OF ORDINANCES OF THE CITY OF DUBUQUE BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3030 BRUNSKILL ROAD FROM PUD PLANNED UNIT
DEVELOPMENT 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 Planned
Unit Development to Single-Family Residential:
Lot I of M.L. 230, Lot A, Lot 5 and the northerly ~ of Lot 4, Lot 1 of Lot 2 (except
S 34' thereof) and south ~ of Lot 4, all in Parsonville, a subdivision of M.L. 299 in
Section 27, T89N, P,2E, to the center line 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:
by law.
This ordinance shall take effect immediately upon publication, as provided
Passed, approved and adopted this 17th day of
December, '2001'
Terrance M. Duggan, Mayor
Affest
Jeanne F. Schneider, City Clerk
'l'errance M. Dugga ~
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
[]Vadance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
~-,~l~z°ning
nned District
[] Preliminary Plat
[] Minor Final Plat
m Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
n Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Othen
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s)::s~_--~z~,,- _~.~,~-.,~.~Jf'~; L L c
/
Fax NumbeE ~ ~g -.~/- ~ ~ ~ Mobile/Cellular NumbeE
Fax Number: ~ 3 - ~ - ~ ~ ~ ~ Mobile/Cellular Number: ~
Existing zoning: ~ ~0 Croposed zoning: ~ I Histodc Oistdct: .A J~
keflal description (Sidwell Parcel ID number or lot number/block number/subdivision):
Phone:
~,~ ~,~o ~.~-
State:~,2...~ Zip:
Total property (lot) area (square feet or acres):/2.5~] ,~.~,~- ~', ~. ?~.D Number of lots:
CERTIFICATION: I/we, the Undersigned, do hereby certify that:
becomes public record
2. Fees are not refundable and payment does not g~a'r~,~ee approval; and
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
Date: /,~') -".,/,~'-~1
Date: ./_,0 --/c?- ~)/
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee:~¢ ~:rc3o,~' Received by: ~gk,,'-g-/''4-,'~'~-'''~'~-~ Date: [0 ~- ~ ~ ~ ( Docket:
~ Property ownership list [] Site/sketch plan [] Floor plan [] Plat [] Conceptual development plan
[] Improvement plans [] Design review project description ~2 Photo [] Other:
Total Purposed Acreage to be Rezoned from PUD to R1
The following legal descriptions apply;
Lot 1 of Patzer Place
Lot 5 of Parsonville
Lot A of Parsonville
Lot 1 of Mineral Lot 230
Vacated Grace Street in Parsonville
Vacated Church Street in Parsonville
10-27-451-010
10-27-451-009
~{0-27-378-002
~lv~-27-378-001
/19-27-451-001
v1'0-27-451-002
33,923 sq.ft.
20,345 sq.f~.
8.5 acre
.98 acre
600'x 25'-15,000sq
311'x 25'- 7,775sq
Reason of Request to Rezone from PUD to RI.
Potential Purchaser is purchasing the above property along with the adjacent 1.34
acreage now zoned RI(house and garage area-Lot 2 of Patzer Place).
Purchaser would like to have 1-2 horses on the proposed property and ability to
use the now existing barn, which is in good condition. Proposed property would be used
to house horses and allow owner to ride on her own land.
Purchaser would be responsible to make sure all perimeters are fenced. Purchase
of all the property at 3030 Brunskill Road, Dubuque, Iowa, is subject to rezoning of
PUD property to R1.
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J
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N
AG
PR
Proposed Area to be Rezoned
Applicant: Patzer Investment, LLC
Paula Behr, American Realty
Location: 3030 Brunskill Road
Description: To rezone property
from PUD Planned Unit Develop-
ment District to R-1 Single-Family
Residential District.
Proposed Ama
to be Rezoned
REZONING STAFF REPORT Zoning Agenda: December 5, 2001
Property Address:
Property Owner.
Applicant:
3030 Brunskill Road
Patzer Investments, LLC
Paula Behr
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Single-Family with Horaes
Proposed Zoning: R-1
ResidentialNacant
Existing Zoning: PUD
North - Mobile home park/
Vacant/wooded hillside
East - Single-family residential
South - Multi-family residential
West- Wooded hillside/railroad right-of-way/
Catfish Creek valley
Adjacent Zoning: North - PPJR-4
East - R-1
South - PR
West - AG
1934 - County; 1975 - AG/R-2;
1985 - AG/R-1
Total Area: 12.6 acres
Property History: The bulk of the property has served as cultivated and fallow
agricultural land with a single-family farmstead since the late 1800s. There are several
single-family homes that were built to the east of the property along Brunskill Road in
the 1950s. Subsequently, a trailer park was developed along the northern portion of
the property and in the 1980s and 1990s, a planned residential development with
condominiums and duplexes was built along the south property line. The Brunskill
Road area has historically been farmsteads with large farm fields and several single-
family homes fronting Brunskill Road. The zoning in this area has generally been
agricultural and single and multi-family residential.
Physical Characteristics: The property is an approximately 12.5-acre flag-shaped
parcel consisting of seven lots, three of which front Brunskill Road and provide access
to the bulk of the property, which lies behind the single-family residences along
Brunskill Road. The rear of the property slopes steeply to the Catfish Creek valley and
a railroad right-of-way.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
REZONING STAFF REPORT
Page 2
Traffic Pattems/Counts: Single-family residential development represents the
lowest potential increase to traffic for this area.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided a minimum of 3.5 acres is maintained for the keeping of horses at this
location.
Adjacent Properties: The subject parcel is adequately buffered from adjacent
residential property, which should not be significantly impacted,
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 12.5-acra
parcel from Planned Unit Development to R-1 Single-Family Residential zoning district.
The applicant is also seeking to obtain a conditional use permit to place two horses on
the property.
The Zoning Board of Adjustment will review the conditional use permit request.
Conditional uses for horses in an R-1 District require a minimum of 3.5 acres for two
horses (two-horse maximum permitted) and that an enclosure of 150 square feet or
greater be provided for the horses. The conditional use process requires written
notification and neighbors within 200 feet will have the opportunity to speak at the
public hearing.
Single-family residential development, and the keeping of horses on this 12.5 acre
parcel, represents a Iow intensity use and should have very limited impact on the
adjacent properties. The traffic generated by a single-family residence at this location
should be minimal and should have little impact on the existing traffic along Brunskill
Road.
Prepared by: ~ Reviewed: ~ Date:~
Planning Services Department
50 West 13th Street
Dubuque, Iowa 520014864
Phone (319) 589-4210
Fax (319) 589-4221
ZONING BOARD OF ADJUSTMENT
NOTICE OF DECISION
DOCKET:
APPLICANT:
LOCATION:
95-01
Paula Behr, American Realty/Patzer Investments, LLC.
3030 Brunskill Road
DATE OF PUBLIC HEARING/DECISION: November 29, 2001
The Zoning Board of Adjustment of the City of Dubuque, Iowa hereby renders and gives
notice of its decision on the above-captioned application in conformance with Section 5 of
the Zoning Ordinance.
APPLICATION: The applicant seeks a conditional use permit to allow 2 horses on the
property, contingent on rezoning the property from PUD Planned Unit Development District
to R-1 Single-Family Residential zoning district.
PUBLIC HEARING: After notice, as required by law, a Public Hearing was held on
November 29, 2001. Minutes of the meeting and copies of materials submitted in evidence
are on file in the Office of Planning Services, City Hall, Dubuque, Iowa.
FINDINGS: Based on the specific information presented at the Public Meeting and
contained in the application, and in accordance with the applicable standards in the Zoning
Ordinance, the Board has determined that the application will meet the standards
governing the granting of a conditional use permit as set forth in Section 5-3.4(C) of the
Zoning Ordinance.
DECISION: By a vote of 5 to 0, as indicated in the minutes, the Board approves the
conditional use permit, contingent upon approval of the rezoning ~equest.
VALIDITY: This Conditional Use Permit granted by the Board shall be valid for a period of
six (6) months from the date on which the Board grants the Permit, unless within such six
(6) month period a building permit is obtained and the erection or alteration of a structure
is started, or an occupancy permit is obtained, if required, and the use is commenced. The
Board may grant a maximum of two (2) extensions not exceeding six (6) months each,
upon written application, without notice of hearing.
By
Kyle L. Kritz, Associate Planner
Date
Service People Integrity Resvonsibilitv Innovation Teamwork
DM-~