Traut Terrace Vacating Petition 1 7 08 Dubuque
~~E cfTY o~ ~,.
TT
B ~
a~i-an~ricac~r
~._.1 ~:1 -~
1t~Saster~iece on i'h~ Mississip~ri _
,
~
zoos
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Traut Terrace
DATE: December 27, 2007
At the December 17, 2007 City Council meeting, the recommendation to vacate 7 feet
of Traut Terrace was tabled. It appeared from the City Council discussion that there
was a desire to vacate 11 feet of Traut Terrace.
City Engineer Gus Psihoyos is recommending that a public hearing be set for
January 22, 2008, to consider vacating 11 feet of Traut Terrace.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
C-~`
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF C Dubuque
~T T R ~ A~-America City
~.J 1J '
Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Man
FROM: Gus Psihoyos, City Engineer ~ -~
SUBJECT: Vacating Petition - Traut Terrace
DATE: January 2, 2008
INTRODUCTION
This is in response to a request from Greg Laufenberg for the vacating of a portion of Traut
Terrace south of Diagonal Street. This item was tabled at the December 17, 2007 City
Council meeting.
DISCUSSION
The attached plat shows the proposed vacated portion of Traut Terrace south of Diagonal
Street to be vacated. This area abuts the property at 46 Diagonal Street which is owned by
Gregory Laufenberg and Linda K. Laufenberg.
Mr. Laufenberg was approved for a special exception for front yard setbacks of 6 feet on
Diagonal Street and 4 feet on Traut Terrace at the June 28, 2007 meeting of the Zoning
Board of Adjustment of the City of Dubuque. After constructing the footing and foundation
walls of the 30- by 30-foot garage, Mr. Laufenberg realized he had constructed the footings
8 to 10 feet into the right-of-way of Traut Terrace. Therefore, he applied again to the
Zoning Board of Adjustment for a special exception fora 0-foot setback from Traut Terrace
right-of-way. This setback was approved by the City at the October 25 meeting contingent
upon receiving a revocable license for any encroachment from the City.
City Engineering and Corporate Counsel reviewed the request for a revocable license for a
10-foot encroachment into Traut Terrace right-of-way and determined that vacating a
portion of the right-of-way would be required instead of a revocable license. However,
since the property still had not been surveyed by the owner to determine the location of the
new structure on the lot, Engineering requested that the surveying be done prior to
evaluating the proposal for vacating.
A topographic survey prepared by Buesing & Associates was furnished to City Engineering
on November 15, 2007. The survey indicated the new garage foundation encroached into
the right-of-way 10.63 feet on the northeast corner and 8.07 feet on the southeast corner.
This left only 4.4 feet and 6.6 feet respectively from the edge of the Traut Terrace
pavement to the proposed 30- by 30-foot garage. Engineering feels this could create an
unsafe situation at the intersection of Diagonal Street and Traut Terrace.
The driving surface of Traut Terrace is 22 feet wide. The minimum width for a City street is
31 feet wide unless otherwise approved by City Council. City Council has approved streets
as narrow as 27 feet for affordable housing subdivisions. Allowing fora 27-foot street and
a future 4-foot sidewalk with 2-foot parkway would place the back of any future sidewalk 2
to 3 feet inside the 30- by 30-foot garage as now constructed.
Traut Terrace right-of-way is platted as 50 feet in width and dead ends 240 feet south of
Diagonal Street. It currently serves as primary access for two parcels and second access
for three others. (Mr. Laufenberg has furnished written consent for the vacating from his
abutting neighbors.) The minimal width for a fire apparatus access road is 20 feet. Since
Traut Terrance functions more like adead-end alley than a street, and Mr. Laufenberg has
already been granted a 0-foot setback, Engineering feels a reduction of 7 feet in the 50-foot
Traut Terrace right-of-way along Lot 8 of Dunn's Subdivision is acceptable.
Mr. Laufenberg had previously agreed to reduce the size of the garage by 4 feet to
accommodate vacating 7 feet of right-of-way. The distance from the existing edge of
pavement to a 26- by 30-foot garage would vary between 8.4 feet and 10.6 feet.
Engineering feels this clearance would provide adequate sight distance at the intersection
of Traut Terrace with Diagonal Street. Due to safety concerns at the intersection of
Diagonal Street and Traut Terrace, City Engineering recommended that only the westerly 7
feet of Traut Terrace be vacated. This will require Mr. Laufenberg to decrease the size of
the proposed 30- by 30-foot garage to 26 by 30. Discussions at the December 17, 2007
Council meeting indicated the desire of City Council to vacate 11 feet of right-of-way versus
the 7 feet that Engineering recommended, therefore, allowing the 30- by 30-foot garage to
be built. No future plans for a sidewalk along Traut Terrace were indicated by Council. A
revised plat has been prepared for vacating 11 feet of Traut Terrace versus 7 feet.
The 11-foot area proposed to be vacated is divided into one lot numbered Lot 8A of Dunn's
Subdivision in the City of Dubuque, Dubuque County, Iowa.
The vacate area is abutting residential property valued at $2.07 per square foot or $911,
plus $300 to recover the cost of coordinating and processing the request. In addition, the
petitioner is responsible for paying the publication and filing fees of $100 and the surveying
and platting costs.
RECOMMENDATION
In accordance with the discussions at the December 17, 2007 Council meeting, Traut
Terrace has been platted for vacating 11 feet of right-of-way. If this is the intent of the
Council, the area indicated by Lot 8A of Dunn's Subdivision in the City of Dubuque,
Dubuque County, Iowa, on the attached plat should be vacated, and that a public hearing
be set for the disposition of the City's interest in the subject area.
would recommend that the purchase price be established at $1,211.00, plus surveying,
platting, publication, and filing fees.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration and to set
a public hearing on January 22, 2008 for the disposition of the City's interest in the subject
area. The purchase price should be established at $1,211.00, plus surveying, platting,
publication, and filing fees.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 14-08
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOT 8A OF DUNN'S SUBDIVISION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gregory Laufenberg has requested the vacating and disposal of
a portion of Traut Terrace south of Diagonal Street; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of Traut Terrace south of Diagonal
Street and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque
County, Iowa, should be approved.
NOV1~` THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of
its interest in Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque
County, Iowa.
Section 2. That the conveyance of Lot 8A of Dunn's Subdivision in the
City of Dubuque, Dubuque County, Iowa, to Gregory Laufenberg be contingent
upon the payment of $1,211.00, publication and filing fees of $100.00 and the
surveying and platting costs.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to vacate and dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this stn day of January , 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
NORTH
i
i
i
i
i
i
i~
/~/
/~C~/C \ \ \ /I !,
i
/ / i
VACATE
TRAUT TERRACE
VICINITY MAP
i \
i ~
i
i
i~
i~
i~
I I I I
1 I
~ i I II
I I II
II I ~
/ \\ III I I i
GRAPHIC SCALE
200 100 0 100 200
DRAWING MAY HAVE BEEN REDUCED
1 INCH = 200 FEET
i
/ /
i
i i
i i
i
i ~
i ~
' ~ v
' S
i ~
~.
~~ /'i
~~
y~ / \\
~'
~ / d9o9 9G~e- ~ ~i ~ ~~~~~
O
VACAT ,AREA ~` - '
\ NJ~
~'
~-, -,
,, ,',, ,,
.,
,,
,~
.,
,,
,' ~ ,~
,~
-~ ,~- ,,
,,
,-
~ - (LAUFENB
i ~~
NOTE Plat of Survey of: Lot 8A of
THIS SURVEY
IS LOCATED IN THE 5W1/4 OF ROW
SECTION 13, T89N, R2E (DUBUQUE TWP) OE
THE 5TH P. M., IN THE CITY OF DUBUQUE,
------
-
-- Dunn'S Subdivision,
-
a -__
DUBUDUECDDNTY.IDWA -
__
in the City of Dubuque, Iowa
T CURB
STR EE
60.0' being a vacation of o portion of Traut Terrace,
M _ _ _ - - - in the City of Dubuque, lowo
~
T ROW NOTES
4'
~ _
- -~~ pIAGON AL STREET (gp 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
®
Z 2. PROPRIETOR OF LOT B OF DUNN'S SUB GREGORY AI LINDA K. LAUFENBERC
O
0
T CURB 46 DIAGNOL STREET, DUBUQUE, IOWA 52001
3. SURVEYED REOVESTEO BY: GREG LAUFENBERC
. STREE '34" E
l~ N 84.43 - - _
_ - _ - - 4. TOTAL AREA OF LOT BA OF DUNN'S SUB IS 440 50. fi.
p
1 t . V 4' - ~ ~
V 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD
LOT 1 AND NOT OF RE
3
o _ - -
O - - - - - -
a
-' PoB ~ -~ \
W CORD.
ROW Distance from Existing Building
\ R
CP O
a \ N 27'02'30" W ~, ~
' \~ per Plat recorded with Instrument
~4. 32854, Book 34, Poge 110, Dubuque LEGEND
~ \ 41.79
(42.0) O,
LOT 8 /County Recorder OApj11
nljjj111 •
u
a
es
~on
a
~
e a
/
\
o \ LOT 8A ~ (
r
L
s
lE
w
is
ioreD)
7.39'(7.39'~j1n111>Il~jlnll
\ /
\
\ AREA = 440 SQ.FT. ~ ~j1111~Pjj111)II~ ~ PLASNC CAP• MARKED RKOE~KEOR A5487'
D
~
~
ti \
S 6t) t)'37" ~ SURVEYED BOUNDARY UNE
111II1
~~ PROPERTY LINE
\
N \ ~ O2' _
~ s CENTER LINE
~
VI
\ ~ 1 QT "f ROW - RICNT OF WAV
1. L , r`~•,
U \ \ cF v ~~ !!(!!!!!!!!///!/!!/!//!!/!!!!G!/!!!/L E%ISTINC BUILDING
~
LOT 1-9
~ \ ~ _ E%ISTING FENCE
\ ~ EXISTING BUILDIN -~-} t c) K RECORD DIMEN90N
^
;_, LQT 7 St.
~ ~ \
_ W/AI N7TM ANGLE IRON
P
n f~
~~/ Ar
\\ ~
r Y OB POINT OF BEGINNING
~~ \\
-
~
L ~,
\
's ~'o~\ \
I!(fftllllU-
F`~ _ LOT 1-3 Ill 0' 20 40'
tl
^
s
~~ ~
\
~
_
ullnnlulnllu
\
-
``
,~ \
o ~o
- a. y~
\
T 2-3 SCALE: 1" = 40'
~ Illuluunult
i LOT 2-9 ~ ~O, \ ~t3`O
ROW Distance from Existing Building
1 ~ t;~ •
\ \ per Plot recorded with Instrument K
I o•tn
LOT 2-6 J ~ 32854, Book 34, Poge 110, Dubuque
\ O \ C
St). BOLT ounty Recorder
~
LOT 1-6 \
~UESING
\
D, \ LQT 4 ASSOCIATES INC.
\
'
SNCINELI
RS AND SURVEYORS
\
~~``
``~I11'~IIIANDlll7~7~~ii,
`~
~ I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORN WAS PERFORMED BY ME OR 1212 LOCUST $T, DUBUQUE, IA
\ (563) 556-4389
\~
(,~.•' ••.. S(_
~i~'
=h. L ~
V ~ TERRY L
'
j UNDER MY DIRECT PERSONA SUPERVISION AND THAT 1 AM A DULY
LAND SUR
R IGDER 7HE LAWS OF 7HE STATE OF IOWA. \ \ DRAWN BY: JCH CHECKED BY: TLK
.
.
=- KOELKER gin-
J• ~
/`Z / ~7
Y L ER \ SURVEY GATE: 11/8/07
15487 e
's
'~,•• ~~`~ (DATE)
LICENSE NU R 15487 LO
MY LICENSE RENEWA \ PLOT DATE: 12/19/07
T 5
\
"'/~~
~"\\`\\\
N L DATE IS DECEMBER 31, 2007 DWG. No. 07256-01 SCALE: 1" = 4p'
1P1"`
I7II!III~II 11 SHEETS COVERED By TH15 SEAL : SHEET 1 k 2 ^ ~ ~ r ~ ~
O
_____ ROW ---
STREET CURB
Plat of Existing Site Survey of:
Lot 8 of Dunn's Subdivision,
in the City of Dubuque, Iowa
0' 20' 40'
SCALE: 1" = 40'
C \\ \~ \\
~ ~ \
~~o
\ ~
\ ~ ~~, \ ~
a ~~ \ v \ \
\ t~` ~
\~ EXISTING BUILDING \~ ~\, \~
~. \
~~ ~a~
~ ~~ ~
~ \
\~ ~ \\
~UEASI~NNG
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, IA
(563) 556-4389
IDRAWN BY: JCH CHECKED BY: TLK
SURVEY DATE: 11/8/07
PLOT DATE: 11/15/07
DWG. N0. 07256-Ot SCALE: 1" = 40'
SHEET 1 OF 1
-- ~ - DIAGONAL STREET (60TROW~