Traut Terrace_Diagonal Street Vacating Petition Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Traut Terrace
DATE: January 15, 2008
A public hearing was held on December 17, 2007, on a vacating petition from Greg
Laufenberg for a portion of Traut Terrace south of Diagonal Street. The item was tabled
after City Council Member discussions indicating a desire to vacate 11' of right-of-way
versus the 7' that the City Engineering Department recommended.
City staff has prepared a revised plat vacating 11' of Traut Terrace. Should the City
Council decide that this is the appropriate course of action, City staff is recommending a
purchase price of $1,211, plus surveying, platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ~ ~ .
SUBJECT: Vacating Petition - Traut Terrace
DATE: January 14, 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 held 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 plat and resolution vacating the property should be submitted to the City
Council for consideration and approval along with a resolution disposing of the property for
a purchase price of $1,211.00, plus surveying, platting, publication, and filing fees.
Prepared by Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589.4270
RESOLUTION NO. 29-08
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF TRAUT
TERRACE SOUTH OF DIAGONAL STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 19"' day of December, 2007, prepared by Buesing & Associates, describing the
proposed vacated portion of Traut Terrace south of Diagonal Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 19"' day of December, 2007, prepared by Buesing
& Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 22nd day of January, 2008.
Ric W. Jones, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589270
Retum to: Ronald J. Tumer, City of Dubuque, 50 W. 13th Sheet, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 30-08
RESOLUTION VACATING A PORTION OF TRAUT TERRACE SOUTH OF
DIAGONAL STREET
Whereas, Gregory and Linda K. Laufenberg have requested the vacating 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of
Traut Terrace south of Diagonal Street is no longer required for public use and vacating of said
portion of Traut Terrace south of Diagonal Street, known as Lot 8A of Dunn's Subdivision in
the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 8A of Dunn's Subdivision in the City of
Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 22nd day of January, 2008
Ric W. Jones, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 569-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 31-08
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 8A OF DUNN'S
SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on the 11m day of January, 2008, the City Council of the City of Dubuque, Iowa
met on the 22nd day of January, 2008, at 6:30 p.m. in the Historic Federal Building, 350 West
6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as:
Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for easement as
noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 8A of
Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Gregory and Linda K.
Laufenberg be and the same is hereby approved for the sum of $1,211.00, plus the cost of
surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed,
and the City C-erk be and is hereby authorized and directed to deliver said deed of
conveyance to Gregory and Linda K. Laufenberg upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder
and Dubuque County Auditor.
Passed, approved and adopted this 22nd day of January, 2008.
Ric W. Jones, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC
City Clerk
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of Property - Traut Terrace (Laufenberg)
DATE: January 16, 2008
Planning Services Manager Laura Carstens has provided information relating to the
City's policy that it is the responsibility of each property owner to determine the location
of his or her lot line. Also included is a January 8, 2008 memo from Assistant Planner
Guy Hemenway outlining the process undertaken by Mr. Greg Laufenberg to build the
detached garage on his property at 46 Diagonal Street.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
DuB E
Masterpiece on the Mississippi
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2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~~'
SUBJECT: Sale of Property -- Traut Terrace (Laufenberg)
DATE: January 14, 2008
INTRODUCTION
At the January 22, 2008 meeting, the City Council has scheduled a public hearing on
the request of Gregory and Linda Laufenberg to purchase 11 feet of public right-of-way
on Traut Terrace to construct a garage adjacent to their home at 49 Diagonal Street.
This request was tabled at the December 17, 2007 meeting, where there were
questions as to who is responsible for locating property lines. This memorandum
transmits information on the City's policy for location of property lines and the process
for the Laufenberg garage project.
DISCUSSION
The City's policy is that it is the responsibility of each property owner to determine the
location of his or her lot lines. This policy is on the City's website.
Enclosed is the handout entitled "The Citizen's Guide to Establishing Property Lines".
This handout is available at the Planning Services Office and is distributed at City Expo.
It states that it is the property owner's responsibility to locate property lines.
The handout and website recommend that property owners check their abstract, find the
property pins located at the corners of the lot, contact the City Assessor's Office for
more information regarding lot dimensions, or consider hiring a licensed land surveyor
to survey their property boundaries.
The City has a survey crew to survey streets and public property. The City does not
have a survey crew to survey private property. The Planning Services Department does
not require a survey for a special exception because of the cost for a licensed land
surveyor.
Sale of Property -- Traut Terrace (Laufenberg)
Page 2
Enclosed is a memorandum from Assistant Planner Guy Hemenway that describes the
process for the Laufenberg garage project. The Laufenbergs have been granted two
special exceptions for their garage project by the Zoning Board of Adjustment.
Mr. Hemenway assisted the Laufenbergs with their applications, and reviewed the City
policy that was their responsibility to determine the location of their lot lines. The
application instructions for a special exception state: "Please note: It is your
responsibility to locate your property lines and to check your abstract for easements and
restrictive covenants."
RECOMMENDATION
I recommend that you share this information with the City Council prior to the public
hearing on the sale of property on Traut Terrace. Please contact me with any questions.
Enclosures
cc Gus Psihoyos, City Engineer
Rich Russell, Building Services Manager
The Citizen's Guide to
Establishing Property Lines
Establishing the location of your property lines is necessary prior to adding on to your house, erecting
an accessory structure such as a garage or storage shed, building a fence or pouring a driveway. The
Zoning Ordinance requires that you build a required distance from your property lines, so it is very impor-
tant to know their exact location.
The City does not locate property lines on private property. Please note: It is the property owner's
responsibility to locate property lines and to check your abstract for easements and restrictive covenants.
Here are two methods that may help you establish your property lines:
1) Locate the metal "pins" that designate the corners of your property. These "pins" may be iron pipes,
iron rods or "T" bars and have a cap on them identifying the licensed surveyor who performed the
survey. Sometimes they may be buried and can be located with a metal detector. A plat of your
property will indicate the location of each pin (at the property corners) and lists the dimensions of all
property lines. The recorded plat should be included in the abstract of your property. The Dubuque
County Recorder's Office also has a copy of all recorded plats. NOTE: Mortgage inspections made
for lending institutions do not establish property lines.
2) The only accurate way to establish or verify your property corners if you cannot find the original sur-
vey pins, is to obtain a survey from a licensed land surveyor. Names of licensed surveyors can be
found under "surveyors-land" in the Yellow Pages of the phone book. Most licensed surveyors will
provide an estimate for the cost of the survey.
Please note that there may be utility and access easements or private covenants that may impact the
development of your property that will not be indicated on a survey plat. For information on underground
utilities, call Iowa One-Call at 800-292-8989. If you have any questions regarding zoning and setback
regulations, please contact the Planning Services Department.
THE GTY OF
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Planning Services Department
50 W. 13th Street
Dubuque lA 52001-4864
(563) 5$9-4210
Fax: (563) 589-4221
E-mail: planning~citYof+aubuq~
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THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi
2007
January 8, 2008
TO: Laura Carstens, Planning Services M,a,~na~ger
FROM: Guy Hemenway, Assistant Planner~~~
SUBJECT: Process for Laufenberg Garage Project at 46 Diagonal Street
INTRODUCTION
This memo outlines the process undertaken by Mr. Greg Laufenberg to build a detached
garage on his property at 46 Diagonal Street.
BACKGROUND
In early May 2007, Mr. Laufenberg approached the Planning Services Department with a
proposal to build a 30-foot by 30-foot detached garage on his property at 46 Diagonal
Street. The property is an irregular shaped corner lot with two frontages -one along
Diagonal Street and one along Traut Terrace. At that time, Mr. Laufenberg was informed
that the setback for the proposed garage was 20 feet from the property line along both
street frontages and six feet from the side yard property line. Because of the lot size and
shape Mr. Laufenberg found it advantageous to position the garage within the required
setbacks. Staff informed him that he would have to apply for, and be granted, either a
limited setback waiver or a special exception.
Mr. Laufenberg initially decided to apply for a limited setback waiver. However, after further
consideration, he decided the garage needed to be closer to the property line than the 13-
foot 6-inch minimum setback permitted by the limited setback waiver. Therefore, he applied
for a special exception asking to be two feet from the front property line along Traut Terrace
and six feet from the front property line along Diagonal Street. The guidelines included with
the special exception application state clearly that it is the responsibility of the property
owner to locate their property lines and to check their abstract for easements and restrictive
covenants. Staff also verbally inform applicants of this requirement.
Mr. Laufenberg submitted an application for a special exception on May 29, 2007 for the
June 28, 2007 Zoning Board of Adjustment (ZBA) meeting. Requirements for submission of
a special exception application stipulate that the applicant must provide a scaled diagram of
the site showing the lot lines and the footprint of the proposed structure on the lot with
dimensions indicating the buildings setbacks from the property lines. I have attached the
drawing submitted with Mr. Laufenberg's application. It clearly indicates, based on the
Process for Laufenberg Garage Project at 46 Diagonal Street
January 7, 2008
Page 2
established scale, that the property line is approximately 15 feet back from the edge of the
pavement along Traut Terrace. This means that, as Mr. Laufenberg requested to be two
feet back from his property line, the garage would be located a minimum of 17 feet back
from the edge of the pavement along Traut Terrace.
Mr. Laufenberg's request was approved by the ZBA and he subsequently applied for a
building permit. After a routine site inspection Building Inspector Dennis Hackbarth noted
that the footings for the garage appeared to be closer to the property line than what was
approved by the ZBA. He alerted Jane Smith in the Engineering Department of a possible
encroachment and she was able to determine that Mr. Laufenberg had excavated and
placed footings approximately 10 feet out into the public right-of-way.
When informed that he had installed the footings for the garage in violation of the approved
special exception and onto the City right-of-way, Mr. Laufenberg reapplied for a special
exception from the ZBA. He was approved at the October 25, 2007 ZBA meeting to
building his garage 0 feet from the front property line along Traut Terrace. The ZBA,
however, cannot approve encroachment onto the public right-of-way. Therefore, Mr.
Laufenberg contacted the Engineering Department and began the vacation process asking
to purchase a portion of the public right-of-way.
It appears that Mr. Laufenberg failed to properly locate his property lines prior to submitting
the special exception application and beginning his building project.
CONCLUSION
City Planning staff strive to facilitate building projects for homeowners some of which may
require ZBA approval or administrative waivers. Staff policy to date does not require each
homeowner to obtain a property survey. Property surveys are expensive and, in some
instances, may exceed the cost of the project itself. In some situations; however, especially
where there may be a dispute as to the location of the property line between neighbors,
staff and/or the ZBA have required a survey.
All special exception applications alert the property owner to the fact that it is their
responsibility to determine lot lines in the field. Staff always reiterates this fact when
working with the applicant. Staff also has available a brochure entitled the "Citizen's Guide
to Establishing Property Lines" to aid property owners efforts in the field. Therefore, it is
contingent upon each property owner to verify their lot line locations in the field prior to filing
an application and beginning a building project.
This memo is provided for your information.
GH/mkr