Ordinance 33-06OFFICIAL PUBLICATION
ORDINANCE NO. 33-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 605 PERU ROAD
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS (UNDER
ORIGINAL APPLICATION FOR LI LIGHT INDUSTRIAL)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The application of Robert Clauer for reclassification of this property to
LI Light Industrial, has received a recommendation of approval from the Zoning
Advisory Commission, subject to conditions, including the condition that it be
reclassified CS Commercial Service and Wholesale District, and the applicant has
accepted the conditions.
Section 2. 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 CS Commercial Service and Wholesale
District, with conditions, to wit:
Lot 1 and Lot 2 Maple Leaf Addition No. 2, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 15th day of May, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of
rezoning of the property described as:
Lot 1 and Lot 2 Maple Leaf Addition No. 2, 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. 33-06, 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
1) The property be rezoned to CS Commercial Service and Wholesale District
2) The building height be limited to 20 feet.
3) Access is limited to Peru Road only.
4) No outside storage of unlicensed vehicles is permitted.
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) Recording. 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 thirty (30) days of the adoption of Ordinance No.
33-06.
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.
ACCEPTANCE OF ORDINANCE NO. 33-06
I, Robert L. Clauer, property owner, having read the terms and conditions
of the Memorandum of Agreement attached and made a part of the foregoing
Ordinance No. 33-06 and being familiar with the conditions thereof, hereby accept this
same and agree to the terms and conditions contained therein.
Dated in Dubuque, Iowa this 12th day of May, 2006.
By: Robert L. Clauer
Published officially in the Telegraph Herald Newspaper the 12th day of June, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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