Request to Rezone - Northwest Corner of Asbury Road and Evergreen_Fursou, Cheung Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone - Northwest Corner of Asbury Road and Evergreen
Drive
SUMMARY: Proof of Publication on notice of public hearing to consider a request from
Julie Cheung and Alex Fursou to rezone property at the northwest corner
of Asbury Road and Evergreen Drive from R-1 Single-Family Residential
District to R-2 Two-Family Residential District and the 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 located at the northwest corner of Asbury Road and
Evergreen Drive from R-1 Single-Family Residential District to R-2 Two-
Family Residential District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A; Super
Majority Requirement
ATTACHMENTS:
Description Type
❑ Commission Memo Staff Memo
❑ Applicant Materials Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Citizen Input Supporting Documentation
❑ Opposition Staff Memo Supporting Documentation
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall Tt-teCITor•
50 West 13uStreet UB
TR E
Dubuque,IA 52001-4864 'I I I r lJ L
(563)589-4210 phone Mnsfe+yieee on the Mississippi
(563)589-4221 fax 1Dn id1i
(563)690-6678 TDD
planning@dWoMubuque.org
November 9, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Julia Cheung and Alex Fursou
Location: Northwest corner of Asbury Road and Evergreen Drive
Description: To rezone property from R-1 Single-Family Residential District to R-2
Two-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
Julia Cheung, the applicant, spoke in favor of the request, reviewing the proposed
rezoning to R-2 Two-Family Residential District, noting she plans to construct a single-
story duplex accessing Evergreen Drive. The applicant, in response to concerns raised
by neighbors, stated that a duplex would not increase vehicle trips, lower property
values, be a safety risk to the neighborhood, or cause storm water problems.
Staff reviewed the staff report, reviewing the surrounding zoning and land use, existing
vehicle trips along Asbury Road and former zoning designations applied to the property.
Staff reviewed a handout on spot zoning and the land use designation for the property
on the 2030 Future Land Use Map of the Comprehensive Plan.
There were several public comments in opposition to the request, citing concerns about
added traffic, available on-street parking, lack of maintenance of the applicant's current
property, reduction in property values if a duplex is allowed to be built, and that R-2
zoning will negatively impact the neighborhood and increase safety concerns in the
neighborhood. Letters of opposition, photographs, and a petition in opposition were
received and filed.
The Zoning Advisory Commission discussed the request, and reviewed the
Comprehensive Plan and surrounding land use. Commissioners noted that R-2 zoning
allows the same range of uses as R-1 zoning, but adds two-family homes. The
Commission commented that the construction of a duplex on the subject property would
not appreciably change traffic, parking availability, or property values, and did not
represent a public safety issue.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request.
A super majority vote is needed for the City Council to approve the request as the
written objection of 64% of the owners of property within 200 feet has been received.
Respectfully submitted,
Y �
- Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Alvin Nash, Housing and Community Development Director
Service People Integrity Responsibility Innovation Teanwork
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 70-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST
CORNER OF ASBURY ROAD AND EVERGREEN DRIVE FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT
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 District to R-2 Two -Family Residential
District, to wit:
Lot 1 Block 2 Clover Hills Subdivision, to the centerline of the adjoining public
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 16th day of Novembe , 2015.
Roy D. Buol, Mayor
Attest:
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: November 20, 2015, and for which the charge is $15.27.
Subscribed to before me a Notary Public_ in ad for Dubuque County, Iowa,
this ,9.�-•e day of�/ 20 /..>
-22-2
otary Public in and for Dubuque County, Iowa.
'r4A Y K. 1/ESTEr1MEYER
missirm Number 164888
My Comm, Exp. FEB, 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 70-15
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY _RECLAS-
SIFYING , HEREINAF-
TER DESCRIBED PRO-
PERTY LOCATED AT
THE NORTHWEST
CORNER OF ASBURY.
ROAD AND EVER-
GREEN DRIVE FROM
R1 SINGLE-FAMILY
RESIDENTIAL DIS-
TRICT TO R-2 TWO-
FAMILY RESIDENTIAL
DISTRICT
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 here-
inafter -described pro-
perty from R-1 Single-
Family Residential Dis-
trict to R-2 Two -Family
Residential District, to
wit: ..
Lot 1 Block 2 Clover
Hills Subdivision; to the
centerline of the
adjoining public 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 16th day
of November, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
the11 a TelegdraphHerald
officially
clin
newspaper on the 20th
day of November, 2015.
/s/Kevin S. Firnstahl,
it 11/20 City Clerk
Planning Services Department
THE cTTY OF Dubuque City Hall-50 West 1P Street
bftd Dubuque,IA 52001-4805
(563)589-4210 phone
UB E 1 I I I I' (563)589-4221 fax
Iece on the.ty11SS1881 1 =-.-2ou
(563)690-6678TDD
Masterpiece pp olanina0citvofdubuaue oro
PLANNING APPLYCATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
El Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition In Conservation Districts
'Al2ezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Y � a c4
Property owner(s): Phone:
✓Address: S-D
City: State: Zip: 5 z '
Fax#: Cell #: E-mail: �� � -
Applicant/Agent: Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Site location/address: 31150 A.91MJ J IzP Neighborhood Association:
Existing zoning: Proposed zoning:.Pp-A—District: 1%4 O Landmark: ❑Yes f<No
Legal Description(Sidwell parcel ID#or lot number/block number/subdivision): t p ' ZZ ` Q q — 6 Z.O
Total property(lot)area (square feet or acres): �� � �w �Y
Describe proposal and reason necessary(attach a letter of explanation, if needed):
CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required writte an gr p I materials are attached. 9
.Property Owner(s):
Date:
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee ._ �a. Re eived by: cAh Date: �—Z5' � et:
C L&r-t OZSZS
Page 1 of 6
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2001-2012•2013
Vicinity Map
�o Applicants: Julie Cheung &Alex Fursou
Location: Northwest corner of Asbury Road
and Evergreen Drive
aSeG�Y Description: To rezone property from R-1 Single
Ro Family Residential District to R-2
Two-Family Residential District
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REZONING STAFF REPORT Zoning Agenda: November 4, 2015
Property Address: 3150 Asbury Road (Parcel #10-22-109-020)
Property Owner: Julia Cheung and Alex Fursov
Applicant: Same
Proposed Land Use: Residential Proposed Zoning: R-2
Existing Land Use: Vacant/Residential Existing Zoning: R-1
i
Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1
East— Residential East — R-1
South — Residential South — R-1
West— Residential/Church West— R-1
Former Zoning: 1934 — SF Total Area: 8,396 sq.ft.
1975 — R-2
1985 — R-1
Property History: The property was originally part of the Clarence Arlen Place
subdivision and a farmstead was built here in 1861. In the 1950's the surrounding
property was subdivided and houses built on the Clover Hills Subdivision in the 1960's.
The farmstead remained on a 15,000 square foot lot and retained an 8,400 square foot
lot adjacent to the property. The subject lot has remained vacant to the present.
Physical Characteristics: The subject property is a relatively level 8,400 square foot
vacant corner lot with 75 feet of frontage along Asbury Road and 112 feet of frontage
along Evergreen Street.
Concurrence with Comprehensive Plan: The comprehensive Plan encourages
mixed use areas but also recommends that incompatible uses be buffered from each
other. The 2030 Future Land Use Map calls for this area to be developed for single- or
two-family residential use.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: ]DOT 2013 Average Daily Traffic counts indicate 14,700
vehicle trips per day on Asbury Road just west of the subject property, and 12,600
vehicle trips per day on Asbury Road east of the subject property. Asbury Road is
Rezoning Staff Report— 3150 Asbury Road
Page 2
classified as a minor arterial. The addition of one residential unit at this location
should have limited impact on overall traffic volume in the neighborhood.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water management is provided during
all phases of development.
Adjacent Properties: The subject property is located in a single-family residential
area characterized by single-story ranch style houses on standard lots. The subject
property is approximately 8,400 square feet in area with frontage on both Asbury
Road and Evergreen Street. The addition of a second unit at this location should
generate very little traffic and have little impact on density and demand for on-
street parking. Therefore, the proposed rezoning should have little impact on the
use, value and enjoyment of the adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the vacant lot located at the
corner of Asbury Road and Evergreen Street from R-1 Single-Family Residential to R-2
Two-Family Residential district. The list of uses and bulk standards is identical for both
districts with the exception that the R-2 district permits duplexes and the R-1 district
does not. The surrounding residential lots vary in size from 6,000 to 10,000 square feet
in area. Most houses in this neighborhood meet the required setbacks and have paved
drives and attached garages.
The addition of a second unit at this location should generate very little traffic and have
little impact on density and demand for on-street parking. The subject lot is
approximately 8,400 square feet in area when the R-2 district permits a duplex to be
located on a property with a minimum of 6,000 square feet of lot area. Either a duplex
or single family home in this district has to be setback a minimum of 6 feet from the
adjacent residential properties and a minimum of 20 feet from both the Asbury Road
and Evergreen Street frontages. Therefore, the proposed rezoning should have little
impact on the use, value and enjoyment of the adjacent properties.
Staff recommends the Commission review Article 9-5 of the Unified Development Code
regarding reclassification of property.
Prepared by: Reviewed: / Date: 101Z?7 /$
Section 2-Land Use Regulations Article 5:Zoning Districts
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 hous-
ing 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 dis-
hict is for low density single-and two-family dwellings and related recreational,reli-
Single-family gious and educational facilities.
detached dwelling
5-3.1 Principal Permitted Uses
The following uses are permitted in the R-2 District:
1. Cemetery,mausoleum,or columbarium
2. Place of religious exercise or assembly
3. Public or private park,golf course,or similar natural recreation area
4. Public,private,or parochial school,approved by the State of Iowa(K-12)
V5. Railroad or public or quasi-public utility,including substation
6. Single-family detached dwelling
7. Townhouse(maximum two dwelling units)
8. Two-family dwelling(duplex)
5-3.2 Conditional Uses
Two-family The following conditional uses may be permitted in the R-2 District,subject to the provi-
dwelling sions of Section 8-5:
1. Bed and breakfast home
2. Hospice
3. Licensed adult day services
4. Licensed child care center
5. Keeping of hens
m
6. Mortuary,funeral home,or crematorium
7. Off street parking
pd-1 8. Tour home
9, Tourist home
��., . 10. Wind energy conversion system
5-3.3 Accessory Uses
Bed and The following uses are permitted as accessory uses as provided in Section 3-7:
1. Detached garage
breakfast home
2. Fence
3. Garage sale; no more than three per calendar year or three consecutive days per sale
4. Home-based business
5. Noncommercial garden,greenhouse or nursery
6. Off street parking and storage of vehicles
7. Satellite receiving dish
8. Solar collector
9. Sport, recreation,or outdoor cooking equipment
10. Storage building
11. Tennis court,swimming pool or similar permanent facility
12. Wind turbine(building-mounted)
Wind energy 5-3.4 Temporary Uses
conversion system Temporary uses shall be regulated in conformance with the provisions of Section 3-19.
nicrnroe
Dus
Section 2—Land Use Regulations Article 5: Zoning Districts
5-3.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-3.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-3.7 Bulk Regulations
Min Lot
R-2 Residential Area
® '
(square .
Permitted Uses
Place of religious exercise or 20,000 100 40 20 --- 20 20 75
assembly,School
Single-family detached dwelling 5,000 50 40 20 50 6 20 30
Townhouse(two du max) 3,000/du 25/du 40 20 50 6/0 20/0 30
Two-family dwelling 6,000 50 40 20 50 6 20 30
Conditional Uses _
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Hospice 5,000 50 40 20 -- 6 20 30
Licensed adult day services, 5,000 50 40 20 --- 6 20 30
Licensed child care center
Mortuary,funeral home,or 20,000 100 40 20 --- 20 20 30
crematorium
Maybe erected to a height not exceeding 75 feet,provided that such buildings shall provide at least one additional foot of
yard space on all sides foreach additional footbywhich such building exceeds the maximum height limit ofthe district in
which it is located.
* See Section 3-17 for adjustment of minimum front yard setbacks.
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DUB E
Understanding Spot Zoning
Issues in Land Use Law & Zoning
Understanding Spot Zoning
hyDanWShapiro, Esq.
November 7th,2013
Occasionally,planning boards or commissions are faced with a petitioner's request to re-zone
property only to be challenged with an objector's claim that doing so would constitute illegal spot
zoning. The plan commission often has a quandary, approve the development and risk malting an
improper,if not illegal decision, or deny the development which would have financially improved the
community. To better assist with this difficult decision,it is beneficial for the commission to
understand exactly what"spot zoning"is.
What Constitutes Spot Zoning
The"classic" definition of spot zoning is"the
process of singling out a small parcel of land fora
use classification totally different from that of the
surrounding area for the benefit of the owner of • • `
such property into the detriment of other owners.
Spot zoning is,in fact,often thought of as the very y
antithesis of plan zoning.When considering spot
zoning,courts will generally determine whether
the zoning relates to the compatibility of the
zoning of surrounding uses. Other factors may
include;the characteristics of the land,the size of -
the parcel, and the degree of the"public benefit." illumation hyPaul Hoffman forPlannersWeh
Perhaps the most important criteria in
determining spot zoning is the extent to which the disputed zoning is consistent with the
municipality's comprehensive plan.
http://plannersweb.com/2013/11/understanding-spot-zoning-2/7print=true 11/04/2015
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0 1 2 4 Miles Adopted by City Council April 2.2007
Base data opposed by Dubuque County GIs
HIPlanning SaNdeslLand Useo030 Future Land Use Map
Dear neighbors,
We are writing to explain the letter you recently received from the City of
Dubuque about the proposed zoning change of our lot (3150 Asbury Rd).
The property we own is a double lot. Our house stands on. one lot, and the
other lot-located at the corner of Asbury Rd. and Evergreen—is vacant.
We plan to rezone the vacant lot
to R-2 (two-family residential), which would allow us to build a duplex on it.
The new structure would be a ranch-style construction with driveway access
off of Evergreen. J
This changes wili�ri®faffect y®u-iii any way. - -
There will be no extra traffic , it will not decrease the value of your home .
If our request to rezone to R-2 is denied, our second option is to subdivide
the empty lot into two smaller lots and build a two-story home on each lot.
This would not require any zoning change as this land is already zoned R-1
(one-family residential). We have met with City Planning and they have con-
firmed that the vacant lot is large enough to be split into two separate resi-
dential lots. This change does not require notification or approval from other
residences.
Having two two-story homes on this land may be less desirable for the
neighborhood, because most of the surrounding homes are ranches and
also because it may have a more crowded appearance. This is why we
have chosen to pursue the duplex option. We hope you agree and will not_
oppose the R-2 zoning so we can proceed with this more visually pleasing
option.
Thank you for your consideration.
Respectfully,
Alex and Julia
Owners of 3150 Asbury Rd.
Estimate From
E:STIMATEFOR: Estimate # 93120
STORE#3057 DUBQ PHONE: (563)556-5222 Page 18 of 18
Estimate, Guest 5300 Dodge Street FAX: (563)556-2743
100 Main St Dubuque,IA 52003
Dubuque, IA 52001-7629
Ph: (563) 588-6789 ESTIMATE BY ESTIMATE DATE
PROJECT DESCRIPTION:
Meadowlane Duplex MARK H. 09/05/15
SKU NUMBER DESCRIPTION QTY TO ORDER ADDITIONAL ITEM INFORMATION
701-1183 3/8 SATURN 270SQFT/ROLL REBOND 8LB 1440 SQFT
705-6502 WOOD TACKSTRIP 7/8 IN. #18919 100/CTN 2 EACH
705-6496 #200 HOT MELT TAPE #98019 66' ROLL 2 EACH
705-6476 NON-FLAM CRPT SEAM SEALER#75919 SOZ 2 EACH
729-1548 HAMPTON 12FT VINYL M4013 CHARCOAL 600 SQFT ON SALE THIRD 09/13/15
709-2215 LOW GLOSS SEAM SEALER DT65-MENARD 1 EACH
711-3143 72" CARPET GRIP W/TEETH PEWTER 43886 1 EACH
*** If purchased today, you save $3,275.89 **•
Thisisanestimatc.Ilisgivenonly for general price information.This is not an offer and there can be no legally binding contract between TODAY'S SUB-TOTAL: 79,049.14
theparties based upon this estimate.The prices stated herein are subject to change depending upon the market conditions.The prices stated
on this estimate am not firm for any time period unless specifically written otherwise on this form and are not inclusive of taxes,delivery, REGULAR SUB-TOTAL: 82,325.03
packaging or any other charges which may or may not need to be added when ultimately purchasing products from this estimate.
The availability ofmaterials is subject to inventory conditions.MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY
THE GUEST WHO RELIES ON PRICES SET FORTH HEREIN OR ON THE AVAILABILITY OF ANY OF THE MATERIALS
STATED HEREIN.All information on this loon,other than price,has been provided by guest and Mcnards is not responsible for any en'ors GUEST COPY
in the information on this estimate,including but not limited to quantity,dimension and quality.Please examine this estimate carefully.
MENARDS MAKES NO REPRESENTATIONS,ORAL,WRITTEN OR OTHERWISE THAT THE MATERIALS LISTED ARE PAGE 18 OF 18
SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE GUEST. BECAUSE OF WIDE VARIATIONS IN CODES,
'If[ERE ARE NO REPRESENTATIONS THAT THE MATERIALS LISTED HEREIN MEET YOUR CODE REQUIREMENTS.
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OCT 2 g 2015
CITY OF DUBUQUE ,2
PLANNING SERVICES DEPARTMENT
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NOV - 2 M5
October 30, 2015
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
Zoning Advisory Commission
RE: Applicant Julie Cheung&Alex Fursou
Location: Northwest corner of Asbury Road and Evergreen Drive
To whom it may concern:
It has come to our attention that there is a request to build a 2-family townhouse or duplex at the
corner of Evergreen Drive which would only be 2 houses away from where we live.
My family has only lived on Evergreen Drive for 1%:years now and we absolutely love it. The neighbors
are very friendly,there's not a whole lot of traffic. We moved away from the North end of town to get
away from the crime,the traffic and also to be in a clean, nice neighborhood. The only complaint that I
have is the applicants usually have a hay field for grass. It looks horrible, never cut and there's usually a
lot of garbage outside. So I can only imagine what would happen if they were able to build a duplex
what the landscaping would look like then. They can't even maintain their own yard now. It was only a
couple of weeks ago that they finally started doing some landscaping and it's probably because they are
requesting to build.
We don't need to have a duplex built near us for several reasons. The traffic getting in and out of our
own driveways because of the additional parking this building will need. Plus, having a duplex in the
middle of our beautiful homes,will only decrease the value of them. We have a beautiful neighborhood
and trustworthy neighbors,where we can leave our front door open. With a duplex being so close, our
doors will be shut. This is the first neighborhood that I've actually felt safe living in. Please don't take
that away from my family.
I firmly believe these applicants are just out to make money and don't care what the neighbors think or
how It will affect all of us in the future.
Thank you for your time and consideration to deny the applicants request.
Sincerely,
ane E. Eggers
2220 Evergreen Dr
Dubuque, IA 52001
563-581-0867 cell
� 0E 19
October 30, 2015 =- 2D
PLANNING SERVICES DEECITY OF PARTMENT
Dear Zoning Advisory Commission Members,
We are writing you to voice our strong objections to rezone the property at the
northwest corner of Asbury Road and Evergreen Drive.We have lived in our home
at 2230 Evergreen Drive for forty and a half years,and have enjoyed the mix of
residents living in the neighborhood.The mix includes families with children of
varying ages,retired couples,and elderly individuals.
A change in zoning would not impact our neighborhood in a positive manner. If you
drive around the neighborhood,you will see that most property owners take pride
in the appearance of their homes and yards. A major exception would be the owners
of the property looking to be rezoned.
The previous owner had taken great pride in the appearance of the property,while
the current owner(s) take no pride at all. Everything is overgrown and never
trimmed.The grass is not mowed on a regular basis,and when it is, it is blown into
the streets. Downed tree limbs have been thrown over the sewer drain and left _.
there for long periods of time. Snow is seldom removed in a timely manner.Adding
another building wood only increase the amount of neglect,but also add to the ever-
increasing traffic burden at the intersection of Asbury and Evergreen.
In addition, R-2 zoning allows for future potential uses that would totally upset the
make-up of our residential neighborhood. Property owners have little protection
against certain types of uses that could take place in years to come.
Please do not allow this zoning request to take place.We want the integrity of our
neighborhood maintained,as well as our property values protected.
Thank you for your consideration in this matter.
Sincerely,
4
David and Sharon McLaughlin
November 2, 2015
Dear Zoning Advisory Commission,
I am disheartened to feel the necessity to write to you in order to express my concern about a rezoning
proposal on the northwest corner of Asbury Road and Evergreen Drive.This proposal is to change the
property from an R-1 to an R-2 zone.
I have lived at 2210 Evergreen Dr. for 34 years which is adjacent from the property being discussed for
rezoning. My concerns about this change are 3 fold:
i
1. This change will very likely impact the character of our neighborhood. As long as we have lived in
our home we have been surrounded by single family residences. This is one of the reasons we
initially purchased our home,as well as made several renovations to address our changing needs
in a home.The rezoning would change this character of the neighborhood impacting may people
who live in the area.
2. Our street has become very busy as a shortcut between Asbury Road and Kaufmann. It is very
difficult for us to safely pull out of our driveway due to the traffic turning off of Asbury Rd.
Additional buildings, with a driveway on Evergreen,will decrease the visibility to turn onto Asbury
Rd. and will increase this safety issue. Perhaps a stop light will be needed to improve this
situation at this corner.
3. My last concern is regarding our neighbors across the street, the Kahlers, and their welfare.The
proposed structure that will be built on the lot is designed to obstruct their view out of their large
picture window which overlooks the property. The back of the proposed structure will be only a
few steps apart from the side of the house where the picture window is, therefore, blocking the
view- Kahlers will always be looking at the back of the new structure instead of looking at a more
scenic view. I can only imagine how this will negatively impact their enjoyment of the
neighborhood.
In a letter that we received from Alex and Julia on Monday, November 2nd, they state,"This changes will
not affect you in any way.There will be no extra traffic, it will not decrease the value of your home." But
I wonder, how do they know how this will impact me as their neighbor, I am the only one who would
know how these changes affect me. I believe the extra traffic, the off street parking, the lower visibility
to turn onto Asbury from Evergreen will impact me. It will create an unsafe corner, even more prone to
car accidents and injury to the drivers and passengers.
Also in the letter from Alex and Julia it states,"If our request to rezone to R-2 is denied, our second
option is to subdivide the empty lot into two smaller lots and build a two-story home on each lot"I am
sorry there seems to be a need by them to try to intimidate me to not use my constitutional right of free
speech. I appreciate this opportunity to express my concerns to you regarding this spot zoning decision.
Th�ank you,
/ ��qq�� ,////
A 4'44
Donna M. Shaw
2210 Evergreen Dr.
Dubuque, Iowa
November 2,2015
Dear Zoning Advisory Commission:
My name is Robert Shaw. My wife and I have lived at 2210 Evergreen Drive in Dubuque for 34 years. Our house is
just across the street to the East and a little north of the lot we are talking about today. I appreciate the
opportunity to say a few words about this rezoning request.
We have looked at all of the information that is available;we have talked to some of our neighbors,and have met
with the City Planning Services Department at City Hall. We appreciated the time the City Planner took to explain
his findings and answer our questions.
I still have some concerns about the zoning change request and the plans that the property owners have for the
property if it is rezoned.
One major concern is with the traffic and additional on-street parking from any new residents of a duplex or other
new homes that might be built on the corner of Asbury Rd and Evergreen Drive.There is such a short distance
between Asbury Rd and our driveway that cars from Asbury Rd have very little time to see us backing out of our
driveway when they come around the corner,and we also need as much open street area as possible to be able to
see these cars when they are turning.This safety concern was not addressed in the City Planners report and it is a
daily worry for us.
My wife and I expressed other traffic concerns when the current property owners brought a previous rezoning
request to the Zoning Advisory Commission.The traffic during morning, noon,and evening rush hours on Asbury
Road is often backed up from JFK Road past and to the East of our Evergreen Dr intersection;at other times,the
lights at JFK and the lights at Carter Rd seem to send alternating lines of cars past the corner making it hard to find
a space to make a left turn onto Asbury safely.
I worry that a duplex might not fit in with the single family homes in our neighborhood.I wonder why Julie and
Alex want to put a duplex there.We gave the Planning Office a copy of a letter from these property owners where
they say that if the zoning isn't changed to R-2 they may be forced to build some two story houses that wouldn't
look as nice in the neighborhood as the duplex. We felt as though we were being cautioned not to come and give
our opinion today;we hope that wasn't the meaning of the letter.The current neighborhood has existed in its
current single home form for at least as long as we have lived there and I worry about changing that.
i
We have seen a possible plan for a duplex to be built on the lot if it is rezoned. I worry that our neighbors across
the street will have their south picture window view blocked with this building as it is pictured.
If the property is rezoned for a duplex,I hope that Julie and Alex will think about their neighbors in planning for
any buildings,and keeping the property looking nice. Notes from the previous rezoning meeting should have a
statement in them from the current owners to the effect that this isn't even a real neighborhood so why should
these changes matter to us?We hope that they can see that this is a nice neighborhood and the neighborhood
does matter to us.
Thankyou urtime.
Robert E Shaw,2210 Evergreen Dr., Dubuque, IA
Bill Kahler 22
To: Bill Kahler(BKahler@Flexsteel.com) D 11212
� V D
Subject: Zoning Change Opposition Letter 11
NOV - 2 2015 11
October 29, 2015
CITY OF DUBUQUE
Zoning Commission Members : PLANNING SERVICES DEPARTMENT
We are writing to you because we are very concerned and oppose the re-zoning request that is being heard by the
Zoning Commission on Wednesday, November 4,2015 for the corner lot located at Asbury Road and Evergreen Drive.
Our family has lived adjacent to the property proposed for re-zoning for 32 years and we have raised our children and
now enjoy watching our small grandchildren play in our yard and learning to ride bikes and drive their little motorized
toy car up and down the sidewalks and driveway.This is what a neighborhood setting is supposed to be.Our family
room that we have,enjoy every night and is where we "hang-out",watch N, read and relax is at the Southwest end
of our house and faces the proposed lot. If this re-zoning were to pass, it would be the end of our"quality of life" of
being able to sit and look out a picture window at the people walking by on Asbury Road,the changing of the seasons
and being able to have our windows open and enjoy the fresh air and breezes that make this room such a luxury. If
the rezoning passes, we could be looking at a possible 2-story(up to 30' )building located just 6 feet from our
property which would more than likely have 2 central air conditioning units running during the warmer weather
months.
Other concerns are snow removal and drainage/run-off. Where would the snow be "pushed", plowed, or piled for
what could be 4 off street parking places.This could also be a potential visibility problem for parking/and or vehicle
traffic coming down Evergreen or attempting to enter onto Asbury.As for drainage and run-off,the property sits a
little higher than our property and with a basement under any building, is the down spouts going to empty toward
our property. I paid quite a bit of money to have a contractor waterproof the areas of our basement for what was
then sufficient coverage and protection so that we could finish off our basement living area. I also, at that time paid
to have the downspout all ran underground and out to the curbing to help ensure water protection. If this re-zoning
passes,what assurance do I have in the future of water problems or is that something I would have to pursue legally?
Finally, another major concern of the neighborhood is the upkeep and future upkeep of a building and property if
this rezoning is granted.The property owners moved in over 4 years ago and have done nothing in the way of
improvement or maintaining what they have now.This does not do much for the overall look or property values of
the neighborhood.
I am not sure if this request is considered "Spot Zoning" but spot zoning should be for public purpose and result in
public benefit and not solely the personal benefit of the property owner requesting the rezoning. We believe that the
rezoning will have a significant impact on the character and quality of our neighborhood. If the property owners want
to do something with their empty lot, let them sell it as a R-1, as the neighborhood is and should remain.
We appreciate your thoughtful consideration of this matter.
Bill and Barb Kahler
2205 Evergreen Dr.
Dubuque,lowa 52001
(563) 556-0830
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NOV - 2 2015
We opposeCITY ,
PLANNIUE
NG SERVICES DEPARTMENT
We, the following neighbors, oppose the rezoning request from Julia
Cheung and Alexander Fursov, 3150 Asbury Road, to rezone said
property from R-1 (single-family residential district) to R-2 (two-family
residential district).
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THE CITY
OF
DUB E MEMORANDUM
November 5, 2015
TO: Laura Carstens, Planning Services Manager
FROM: Guy Hemenway, Assistant Planner
SUBJECT: Percentage of Opposition for Proposed Rezoning at the Northwest corner of Asbury
Road and Evergreen Drive (Parcel# 10-22-109-020)from R-1 Single-Family Residential District to
R-2 Two-Family Residential District.
Planning Services staff has reviewed letters and a petition submitted by neighboring property owners
opposed to rezoning the property at the northwest corner of Asbury Road and Evergreen Drive
(Parcel # 10-22-109-020). The request is to rezone the property from R-1 Single-Family Residential
district to R-2 Two-Family Residential district. By a vote of 5 to 1 the Zoning Advisory Commission
recommended approval of the request to rezone the property at their November 4, 2015 meeting.
The area of the property owned by persons opposed to the request equals 64.8% of the private
property within 200 feet of the subject lot. Therefore, it will require a super-majority of the City
Council to approve the rezoning request.
This memo is provided for your information.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: November 6, 2015, and for which the charge is $21.53.
Subscribed to before me;
this /p$"-- day of
Notary Public in and for Dubuque County, Iowa,
,20/3 .
nmis ion
Conlrnis iren ?...furnbor
Clr rn
CITY OF DUBUQUE,
IOWA I
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dybu
que City Council will
conduct a public
hearing at a meeting to
commence at 6:30 p.m.
on Monday, November
16, 2015, in the Historic
Federal Building Coun-
cil
Chambers (second
floor), 350 West 6th
Street, on the
following:
REZONINGS
Request from Julie
Cheung and Alex Fur-
sou to rezone property
at the NorthwestI
corner of Asbury Road
and Evergreen Drive 1
from R-1, Single -Family
Residential District to R-
2 Two -Family Residen-
tiali
District.
Request from MV
Residential Develop-
` ment, LLC . to rezone
property at the North-
west corner of Univer-
sity Avenue and Alta
Vista from R-2 Two -
Family Residential Dis-
trict to OR Office
Residential District.
Written comments
regarding the ',above
public hearings may be
submitted to the City
Clerk's Office, 50 W.
13th St., Dubuque, IA
52001 on or before said
time of public hearing. I
At said time and place .l
of public hearings all
interested citizens and
parties will be given an
opportunity to be
heard for or against
said actions.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office, and may be
viewed during regular'
working hours or at
http://publicagenda.cit 'I
yofdubuque.org/.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589-4100 or TTY (563)
690-6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl,
CMC, City Clerk
at 13/6
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Julie Cheung and Alex Fursou
3150 Asbury Road
Dubuque IA 52001
Dubuque
klIttd
AllAmerica City
111/1!
2007 • 2012 • 2013
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
THE CITY OF
DUB
F
Masterpiece on the Mississippi
November 6, 2015
The City Council will consider your request to rezone property located at the northwest
corner of Asbury Road and Evergreen Drive at a public hearing on Monday, November
16, 2015. Please attend this meeting, or send a representative to the meeting in your
place to present your request and answer questions. City Council meetings begin at
6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office),
350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
cc: Kevin Firnstahl, City Clerk
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Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website
From: "Citizen Support Center" <dubuqueia@mycusthelp.net>
To: <kfirnsta@cityofdubuque.org>
Date: 11/16/2015 12:39 PM
Subject: "Contact Us" inquiry from City of Dubuque website
Contact Us
Name: David & Sharon McLaughlin
Phone:
Email: Wooddbq@aol.com
City Department: City Council
Page 1 of 1
Message: Re: Rezone corner of Asbury Rd. And Evergreen Dr. When considering this item on tonight's agenda, we would
like you to consider the following: Five neighbors spoke against the change in zoning, more than five neighbors wrote letters
against it, and over sixty people in the area signed petitions against it, and one zoning commission member voted against it.
Only the property owner spoke for it. We believe majority voices should be given greater consideration.
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