Request to Rezone 701_707 Davis StreetPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563)589-4221 fax
(563) 690-6678 TDD
planning~cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
THE CITY OF Dubuque
DUB E
Masterpiece an the Mississippi , ~ I
zoo?
February 25, 2008
Applicant: Mabreg/Karin Egan
Location: 701/707 Davis Street
Description: To rezone property from R-1 Single-Family Residential District to R-2
Two-Family Residential District to accommodate construction of a duplex.
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
Staff Member Wernimont explained that the applicants were not able to attend the
meeting due to weather. The Zoning Advisory Commission decided to hear the request.
Staff Member Wernimont reviewed the rezoning request. He explained that the current
property at 701 Davis Street has two mobile homes located on the site. He explained
that the property is non-conforming because: 1) mobile homes are not allowed in an R-
1District; 2) two separate residential units are not permitted on one lot; 3) neither
mobile home meets required setbacks; and 4) neither mobile home meets the required
off-street parking space. He explained that the applicants had been before the Zoning
Board of Adjustment in order to receive approval for setbacks for construction of a
duplex at 701 Davis Street. He explained that the Zoning Board of Adjustment has
approved the construction of a duplex. He said that the duplex would provide the
required amount of off-street parking. He explained the property at 707 Davis Street is
a duplex that is zoned R-1 Single-Family Residential District. He explained that
historically the property used to be zoned R-2 until 1985 when it was rezoned to R-1.
He explained that approval of the rezoning would bring the two properties into
conforming status.
There were no public comments.
The Zoning Advisory Commission reviewed the proposed changes to the property,
removal of the mobile homes and provisions for off-street parking. The Commission
_~...___...__...._.____.____.e.._e.___.._ ..__....._... ..__.~ ~ _._ e
Service People Integrity Responsibility Lnnovalion
The Honorable Mayor and City Council Members
Page 2
discussed placing a condition that the mobile homes would need to be removed and to
preserve as many of the trees on the site as possible.
Recommendation
By a vote of 4 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, with the following conditions: 1) That the mobile homes must be
removed from the property; and 2) to preserve as many of the trees as possible on the
site.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~ a,~,.~~./~
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
F:IUSERSUCmunson\WP\City CouncillCC 02_18_08V07_707 Davis Street Rezoning (Mabreg_Egan) CC ttr 02_05_08.doc
. _n ._....... _.. _... ........ _ _.._ ..._... _ _........_ . __. _ _.n.. .. ~._m._... .~_. ..._ ...~_,_._,
Service People Integrity Responsibility Innovation Teamwork
r Dubuque
THE CI'T'Y OF
T T ~ City of Dubuque
' ~ V B E ~' ((I ~ Planning Services Department
Masterpiece on the Mississippi z~z Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
^Variance ^Planned District
^Conditional Use Permit ^Preliminary Plat
^Appeal ^Minor Final Plat
^Special Exception ^Text Amendment
^Limited Setback Waiver ^Simple Site Plan
zoning ^Minor Site Plan
Please tvoe or r~rint leaibl~in ink
^Major Site Plan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Other:
Property owner(s): - _ Y_ - _____ - MAGi,E C~ Phone: ~ `i ~ - ~~ ?S `5 `I ~ rJ
Address: ~ u 3 S 5 V~~0. 54~ ~ •~-1~ ~ City: ~•~ I~ ~R ~ cl <,~ State: -~- Zip: L aU ~' `d
Fax Number: Mobile/Cellular Number:
-G47'G5 ~-5-`/e~
Applicant/Agent: _ f~/k ~Z i ~' Cc-, !-~•`I Phone: ~ ~ ~ S ~ " ~~` ~
Address:i~>S ~ Y~i}srr~r`i~,-r-u~J City:_~R~~- IZi~~6c State:~~ Zip: (c~'y~°;
Fax Number: Mobile/Cellular Number: '~`I ~ - +~,~ ~ ~ ` (U~d
Site location/addrevss: ~~ ~ 'Da~13 ~,~"~ ~ ~ ~ ~ I ~<~ ~ . °, `~-1-f-~-F-fi
Existing zoning: ~~ ~ Proposed zoning: ~'Z Historic District: ~ Landmark: ~~
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): /~ • 9L • 38~ • ~ ~ ~ 'r
t v • rt . moo. oc)z
Total property (lot) area (square feet or acres): ~~ ~ //o ~
Describe proposal/and reason necessary (attac/^h a le/tter of expl//anat//ion, if needed): 7 re?P~t~ '~~2
O~~er,ls ~/b.-~. s~' ~ S w~ Tis~ ,~ /GS, a~n~•b ~ 7/0 ~ Z ~ o fair. • ~ori
!eS.'d~eh~-,a.l -Fo dcco,..,oct~fe
CERTIFICA N: I/we, the undersigned, do hereby certify that: d dip lex•
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): %< <...~ ~-~ ~-- ~_~._ Date: i '' ~ }, (`' ~
Applicant/Agent: - ~ - r Date: > >- ~ > 7 ~' ~
I
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
00
Fee: DO ~ Received by: ~ Date: ~ - l ~~ocket:
^ Site/sketch plan ^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
0
~ ~
~ ~~_ ~'-' X
~
O N
O ~~ `~'- ~ '` -(3
.....
f6 N N fa 0 p
Q W fA
~ o c ca c
n
~ ~
w ~ ~ ~ m ,
O Nv ~
v ~ Y
~ ~ N ~ ~
', +
~ N ~ N >, ~' O
i ~ ~ ~ ~ ~ ~ N
~ M ~ ~.: .. O~~ p ~
~ ~ ~
_r
~
~ ^ ~ N
V O
''' ~ ~ E
U f/) H
z !1~'y- ~ ~ U U ~- N U
Q J ~ ~ ~ ~
REZONING STAFF REPORT Zoning Agenda: February 6, 2008
Property Address: 701/707 Davis Street
Property Owner: Mabreg/Karin Egan
Applicant: Mabreg/Karin Egan
Proposed Land Use: Residential
Existing Land Use:
Adjacent Land Use:
Residential
North - MF Residential
East -Residential
South -Residential
West -Residential
Proposed Zoning:R-2
Existing Zoning:R-1
Adjacent Zoning: North - PR/R-4
East -R-1
South -R-1
West -R-1
Former Zoning: 1934 -Two-Family; 1975 - R-2; 1985 - R-1
Total Area: 12,000 square feet
Property History: The property was subdivided into two residential lots circa 1900 and a
two-story frame home built on the eastern-most lot shortly thereafter. A mobile home
was moved to the western most lost in 1959 and a second mobile home was moved to
the lot in 1964. Prior to 1985 the two-story residence on the eastern-most lot was
converted to a duplex.
Physical Characteristics: The subject lots total approximately 12,000 square feet in
area and the entire property has approximately 100 feet of frontage on Hogrefe Street,
115 feet of frontage along Burden Avenue and 100 feet of frontage along Davis Street
(which is 20 feet wide and deemed an alley at this location). The property slopes gently
from its high point in the southeast corner dropping approximately 10 feet in elevation to
the northwest corner at the intersection of Hogrefe Street and Burden Avenue.
Currently, there is no paved off-street parking on the western-most lot.
Concurrence with Comprehensive Plan: The comprehensive plan calls for this area
to be developed for single- and multi-family residential. The Comprehensive Plan also
encourages the concept of mixed-use development to create diverse, self-sufficient
neighborhoods and encourages in-fill development.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report - 701/707 Davis Street Page 2
Traffic Patterns/Counts: There are no traffic counts available for the streets in this
area, however, replacing two single-family units with a duplex should have very
little impact on the overall traffic in the neighborhood.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development.
Adjacent Properties: The residence at 707 Davis Street is currently a legally non-
conforming duplex and the property at 701 Davis Street has two deteriorated,
legally non-conforming mobile homes on the lot. Removing the mobile homes and
replacing them with a new duplex should have an overall positive impact on the
adjacent residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone two lots located at the corner of
Hogrefe Street and Burden Avenue from R-1 Single-Family Residential District to R-2
Two-Family Residential District. Each lot is approximately 6,000 square feet in area.
The eastern-most lot accommodates an existing duplex and the western-most lot has
two legally non-conforming mobile homes on it. The mobile homes are non-conforming
in that: 1) mobile homes are not allowed in an R-1 District; 2) two separate residential
units are not permitted on one lot; 3) neither mobile home meets the required setbacks;
and 4) neither mobile home provides the two required paved off-street parking spaces.
The adjacent properties are primarily single-family residences built on standard 5,000 to
6,000 square foot lots. Directly north of the subject lots across Hogrefe Street is a 28-
unit Planned Residential development. The rezoning of this property from R-1 to R-2
should have very limited impact on the adjacent residential properties. It will, however,
serve to make a legally non-conforming duplex conforming and facilitate the removal of
two blighted mobile homes from a single lot. They will be replaced with a new duplex
which will provide the required amount of off-street parking. Redevelopment of this
property should have little impact on traffic in the neighborhood and should have a
positive impact on the value of the subject property and the adjacent properties.
Staff recommends the Zoning Advisory Commission review the criteria established in
Section 6-1.1 of the Zoning Ordinance regarding rezoning.
Prepared by: ~~ ~..~~., Reviewed: 7 ~ Date: ~' zg' a8
F:\USERS\Kmunson\WP\Boards-Commissions C\Staff Reports C Staff R orts 2008\701 707 Davis Rezoning
01 29 08.doc
Prepared by: Laura Carstens. City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO.12-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 701/707 DAVIS STREET FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT, WITH
CONDITIONS.
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 R-1
Single-Family Residential District to R-2 Two-Family Residential District, with conditions to wit:
Lot 104, Lot 103 and the west 7 feet of Lot 102 O'Neill's Riverview Subdivision, and to
the centerline 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. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 3rd day of March 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERSUNELINDAIWP\COUNCIL\ORDINANCES\701 & 707 davis r-1 to r-2 ord.doc
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning
of the property described as:
Lot 104, Lot 103 and the west 7 feet of Lot 102 O'Neill's
Riverview Subdivision, and to the center line of the adjoining
public right-of--way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. ~-08, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed
to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That the mobile homes must be removed from the property.
2) That existing trees on the property be preserved to the extent feasible.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance standards in Section A
above) if the property owner fails to complete any of the conditions or provisions of
this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D) Recordin4. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. ~~ -08.
E) Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
Mar 03 08 1U:24a
ACCEPTANCE OF ORDINANCE NO . ~a _08
p.4
i, Karin Egan, representing Mabreg LLC, property owner, read the terms and
conditions of the foregoing Ordinance No. !~ _08 and beirsg familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this ~- day of ~,•-~:~ , 2008.
K n Egan
F:WSERS1MElINQA1WP1COlfNCIL1pRDINANCES1701 6707 davis r-1 to r-2 ord 022-,0$,doC