Proposed Condominium_440 Raymond Place InformationTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Letter regarding Proposed Condominium Project, 440 Raymond Place
DATE: May 27, 2008
Tom and Mark Schreiber attended the May 19, 2008 City Council meeting and
submitted concerns about a proposed six-unit condominium at 440 Raymond Place.
Planning Services Manager Laura Carstens has provided some background
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
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Letter regarding Proposed Condominium Project, 440 Raymond Place
DATE: May 23, 2008
INTRODUCTION
This memorandum provides a response to a letter from Tom Schreiber and Mark
Schreiber regarding a pro~osed six-unit condominium at 440 Raymond Place, which is
a referral from the May 19"City Council meeting.
BACKGROUND
On March 27, 2008, the Zoning Board of Adjustment approved a special exception for a
six-unit condominium at 440 Raymond Place. The property owner is proposing to build
a 6-unit condominium building 2 feet from the front property line, 20 feet required, in an
R-3 Moderate Density Multi-Family Residential zoning district. R-3 allows housing with
1 to 6 units. The subject property has been zoned for multi-family residential since 1934.
Site Characteristics: The subject property is three vacant lots located on the east side of
Raymond Place between Cooper Place and Maiden Lane. The property is located in a
mixed residential neighborhood made up of single-family homes, duplexes, and
apartment buildings. Most of the structures in this neighborhood do not meet current
required setbacks. The property is bordered to the north by a vacant lot owned by the
City of Dubuque, to the east by 5t" Street and a duplex, to the south by a townhouse,
and to the west by Raymond Place. The front of the property has a small level building
pad (approximately 1/3 of the lot) and then drops over 100 feet to the rear of the lot. All
the structures on the east side of the Raymond Place have front yard setbacks that vary
from 0 feet to 4 feet.
Mark Schreiber resides at 505 Cooper Place, across the street from the project. Tom
Schreiber resides at 416 Raymond Place. Their mother, Patricia Schreiber, lives at 418
Raymond Place, which is the other half of the duplex where Tom Schreiber resides. The
duplex at 416-418 Raymond Place is adjacent to the project site.
Setback: The proposed condominium will have a similar setback as the adjacent
structure at 416-418 Raymond Place and will not block the view to the sidewalk and
street. Moving the proposed structure closer to the front property will have less of an
impact on the view to the river from the rear of the 416-418 Raymond Place, than if the
Letter regarding Proposed Condominium, 440 Raymond Place
Page 2
structure were to meet the required setback. 505 Cooper Place looks over a vacant lot
to the river. With the construction of the condo, 505 Cooper Place will have a restricted
view of the river.
Regardless of setback, views currently enjoyed by the Schreiber households at 416-418
Raymond Place and 505 Cooper Place would be impacted by any structure built on 440
Raymond Place. This would include asingle-family home or duplex, which could be built
to the same size as the proposed condo project.
DISCUSSION
Below are my responses to the issues raised by Tom Schreiber and Mark Schreiber:
We have discussed this project with a certified appraiser. It is a fact that there
will be significant diminished value for our properties, our mother's, and
neighboring homes if construction which extends over the edge of the bluff is
permitted. (see pictures #1a before and 7b after, 2a before and 2b after)
This argument appears to rest on the perceived value of the view enjoyed by the
Schreibers from their properties on Raymond Place and Cooper Place. Since none of
the Schreibers own the view shed over 440 Raymond Place, it is difficult to determine
how they can have diminished property values with the loss of a view they don't own or
have a legal right to.
The attorney for the property owner of 440 Raymond Place told the Zoning Board of
Adjustment that the condominium would not affect property values.
Section 5-3.7 of the City's Zoning Ordinance states that one of the requirements for
granting a special exception is "That the specific proposed exception will not be
injurious to the use and enjoyment of other property in the immediate vicinity for the
purposes already permitted, and will not substantially diminish and impair property
values within the neighborhood." The Zoning Board of Adjustment considered this
requirement in granting the special exception.
• Raymond Place is in a Conservation District. Unfortunately, the city may have
improperly allowed a small single family home to be removed from this property,
and this has led to our present hardship. We now ask the city to correct this
oversight by only allowing construction of a dwelling which approximates the
footprint of the previous home. (see picture #3)
The property is located in the Fourth Street Neighborhood Conservation District, which
was created in 1975. The City Attorney's Office has reviewed the demolition permit
process.
A permit for demolition of asingle-family dwelling at 428 Raymond Place was issued in
1995. The ordinance in effect at the time required the Building Commissioner to notify
Letter regarding Proposed Condominium, 440 Raymond Place
Page 3
the City Council immediately of a request for
Council to take up the matter at the next meeting.
or withhold approval for a specific period up to
historical or architectural significance. If no acti
meeting, the permit was to be issued. In no event
more than 90 days.
i demolition permit and required the
The Council could approve the permit
90 days, but only if the building had
~n was taken by the Council at the
could the permit issuance be delayed
It is not clear whether the Council was notified but there is no record of any action by
the Council. The structure had no historical or architectural significance. Even if the
demolition had been done without a permit, the statute of limitations for prosecution is
one year.
The footprint of the single family dwelling that existed at 428 Raymond Place prior to
1995 could have been expanded to the square footage of the proposed six-unit
condominium and converted to amulti-family structure. To tie the current property
owner of 440 Raymond Place to the footprint of the previous single family home at 428
Raymond Place is not reasonable.
These proposed condos adjoin a Historic District along Bluff Street. They are
totally out of character and out of proportion both with homes in the
Conservation District on top of the bluff as well as with buildings immediately
below in the Historic Preservation District. They would detract from the 4th Street
Elevator at the top of this same bluff, which is a designated National Historic
Landmark. This is going to totally alter the view from the cable car, and dominate
the view from downtown (see pictures #4a, 4b, 5a, 5b, 6a, and 6b). If this
development is allowed to happen, a ripple effect will likely ensue. Tom
Schreiber will need to similarly extend his house out 40 feet over the edge of the
bluff to preserve his view. At that point there is only one landowner between his
house and the cable car. Sooner or later that landowner will follow suit, and the
view from the cable car will be cut in half. Since it is a designated National
Historic Landmark, no compensatory alterations could be made to that structure.
(see pictures #2a and 2b, this picture also replicates the impact as seen from
the elevator if that were to happen)
The Fourth Street Neighborhood Conservation District has an eclectic variety of
architectural styles; no one style predominates. There are no architectural design
guidelines for Conservation Districts. Demolition requests are reviewed by the Historic
Preservation Commission in a Conservation District; new construction is not.
Architectural design guidelines similar to those in the Historic Districts can be developed
if the City Council wants to have guidelines for these areas.
The special exception granted for 440 Raymond Place was to allow enclosure of the off-
street parking for the condominium's six units to be built 2 feet from the front property
line. The six-unit condominium can be built without the special exception, in which case
the off-street parking would be a parking lot instead of a garage.
Letter regarding Proposed Condominium, 440 Raymond Place
Page 4
The special exception allows the condominium to be built closer to the street, in line with
the Schreibers' duplex at 416-418 Raymond Place. The special exception therefore
reduces the view shed impact fo this property.
The City does not have a view shed protection ordinance. The property was for sale.
The Schreibers had an opportunity to purchase the property, or to acquire an easement
from the previous owner, to protect their views.
Whatever is built at 440 Raymond Place will be visible from the Fenelon Place Elevator.
This does not mean there would be a negative impact on the cable car; it only means a
new structure would be visible.
Dubuque has a City Council appointed Bluff Advisory Committee. Our city has
empowered a group of citizens who have volunteered their time to study the
bluffs, their history and stability, and we've entrusted them to make
recommendations about development both because of problems which have
already occurred and preservation of our historic bluffs. This committee's most
recent recommendation called for a fifty foot setback from the edge of the bluff.
This proposed development extends forty feet BEYOND the edge of the bluff.
This is a ninety foot differential from the current recommendation! (picture #3)
The Bluffland Advisory Committee has reduced their proposed 50-foot setback from the
top of the bluff to 15 feet for this area, and to prohibit cantilevered structures. In
combination, this 15-foot setback and prohibition on cantilevered construction would
make the existing properties on the east side of Raymond Place non-conforming. For
example, the Fenelon Place Elevator and the Schreiber's duplex at 416-418 Raymond
Place both have cantilevered decks. For 440 Raymond Place, this 15-foot setback and
prohibition on cantilevered construction could mean a taking of the property, meaning
the City of Dubuque could have to buy the property.
Because of the scale of this project which extends out over the edge of the bluff,
there will be substantial tree loss and subsequent erosion and instability may
ensue. The construction itself will lead to significant amounts of material sliding
down the bluff affecting homes below. The drilling of pilings at the bluff edge may
lead to more bluff destabilization (see picture #7 and 8). Definite examples of
this would be the bluff damage at Eagle Point Park, the retaining wall collapse
on Grove Terrace, and the instability and repair of a wall on Thomas Place.
Hanging such a massive structure out thirty to forty feet over the bluff face
presents a grave concern in light of these recent bluff problems. From a safety
standpoint, the city needs a comprehensive plan which would protect its citizens.
And while this plan is being developed, we ask for your protection.
Many property owners remove trees and vegetation from their yards, including bluff
properties. Aerial photographs from 2007 show the trees were removed recently from
Letter regarding Proposed Condominium, 440 Raymond Place
Page 5
the bluff between the Fenelon Place Elevator and the Schreiber's duplex at 416-418
Raymond Place. The City does not regulate cutting of trees and vegetation on private
property.
Single-family and duplex structures are not subject to site plan review. If less than an
acre is disturbed, storm water is not reviewed. Building permits are required. Asingle-
family home or duplex the size, scale, and design of the proposed six-unit condominium
could be built on the subject property.
The proposed six-unit condominium is more heavily regulated than single-family and
duplex structures. For the condo project, an engineered site plan will be required to be
submitted for review by City departments. Storm water will be addressed during the site
plan review. The Building Official has authority to require (and has said he would
require) an engineering study of the structural stability. of the bluff prior to issuing a
building permit for construction on the bluff.
The bluff damage below Eagle Point Park and the retaining wall problems are unrelated
to the type of construction proposed by the owners of 440 Raymond Place.
CONCLUSION
Tom Schreiber and Mark Schreiber have presented several options for moratoriums.
The question of a moratorium will be dealt with separately by the City Council.
Please let me know if you need any additional information or have any questions.
cc Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Rich Russell, Building Services Manager
Gus Psihoyos, City Engineer
F:lUSERS/LCARSTEN/WP?COUNCIU05 23 08 Memo MVM Schreiber Letter Condominium.doc