Five Points Development_Midwest Property_Whitty Letter
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August 4, 2008
Barry A. Lindahl, Esq.
Harbor View Place
300 Main Street, Suite 330
Dubuque, IA 52001-6944
Dear Barry:
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We are writing to you as counsel for Midwest Property Group, Ltd., the developer of the Walgreens at 20`n
and Elm.
Enclosed is a letter that has been sent to the City Council. In addition, I will attend the City Council meeting
tonight to speak against Action Item 3, if permitted to do so by the Mayor.
If you have any questions regarding this matter, please call.
Best regards,
O'CONNOR & THOMAS, P.C.
``4 'chard K. Whitty
RKW/ajh
Enclosure
cc: Jeanne Schneider
Michael Van Milligen
Richard K. Whitty ( ext. 230 ~ rwhitty@octhomaslaw.com
Dubuque Building ~ 700 Locust Street, Suite 200 ~ P.O. Box 599 ~ Dubuque, Iowa 52004-0599 ~ Phone 563.557.8400 ~ Fax 563.556.1867
JOHN C. O~CONNOR CHAD C. LEITCH * JAMES E. GOODMAN, JR. * PETER D. ARI.ING*§t EMILY E. REINERS
BRENDAN T. QUANN RICHARD K. WHITTY DAVIN C. CURTISS *'~ JOSHUA P. WEIDEMANN GREG A. REHMKE
A. JOHN ARENZ ~$ STEPHEN C. KRUMPE *~ PAUL J. SIGWARTH t CHRISTOPHER C. FRY THOMAS S. COLLINS, OF COUNSEL
AU attottteys licensed in Iowa ~ * Also licensed in Illinois ~ t Also licensed in Wisconsin ~ § Also 1uensed in Minnesota
$ Certified in Civil Trial Advocacy 6Y Naaoncd Board of Trial Advocacy
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08/04!2008 12:12 6307893385 MIDWEST PROPERTY GRP PAGE 02
MIDWEST PROPERTY G ;®UP, LTD.
920 North York Road, Sa~ite 300
Hinsdal®, Illinois 60521-3699
630!7$9-3355
Fax: 630/7893$$5
August 4, 2008
The Honorable Mayor Roy D. Buol
And City Council Members
City of Dubuque
City Hall
50 West 13th Street
Dubuque, Iowa 5200.
Re: New Walgreen's Store #1 x.942
345 East 20th Street. Dubuqueue Iowa
Dear Mayor Buol and Honorable City Council Members:
On Friday, August 1, Kevin S. Firnstahl, Assistant City Clerk of Dubuque, Iowa, sent us a
copy of the Dubuque City Council Agenda for Monday, August 4, 2008.
Upon review of the action items on the agenda, we were surprised to find a request by
the Dubuque Historical Preservation Commission ("HPC") for permission to conduct
advisory design review for the Walgreen's project at Elm and 20th in the City of
Dubuque. As acknowledged by the HPC in its July 2~., 2008 letter to you, the project
~~
site ... is not /orated in a historic preservation district and would not' normally be
reviewed by the HPC'.
To give a IitCle history of this project, our firm worked with the seller and numerous City
staff members to design a site plan that met the pedestrian friendly guidelines for this
area and also met the requirement for Walgreen's to operate a store here.
Tn fact, in order to move the building to the properly line on 20th Street to create a
more pedestrian friendly store, we needed to go to the Zoning Board of Adjustment in
October and November 2007 for variances which were approved at public hearings.
As part of working with City staff on site plan layout, we also incorporated some design
features, such as brick and stone colors to fit in with similar "Dubuque"' colors. These
features were in fact presented atone of the 2007 hearings.
08f04f2008 12:12 6307893385 MIDWEST PROPERTI' GRP PAGE 03
M~ R!a~~$ RU, L'P,
The Honorable Mayor Roy D. Buol
And City Council Members
City of Dubuque
Page Two of Two
August 4, 2008
Prior to any involvement or interest shown by HPC, we, the Developer, and the Sellers,
Gronen Properties, had already made the determination that one specific building was
not to be knocked down which required the allowance of extra time to assure the
proper relocation of this particular structure.
After receiving the approvals required for the project, we closed on the properly,
demolished the structures on the site, save one, and submitted for full building permit.
We received the permit comments, which werE relatively standard. Having addressed
those comments, we resubmitted far permit(s) so we can start and meet a Walgreen's
dictated delivery date of early Spring 2009 which is a tight schedule.
Additionally, we signed contracts for the construction of this approved Walgreen's store
and placed material orders for steel, brick, etc. Considerable dollars have already been
expended to get to this phase of the construction project.
We have spent a lot of time and substantially changed our plans in order to work with
City staff to achieve a pedestrian friendly store here which has delayed our schedule
and added costs to the project. This project has been public knowledge for close to a
year. To allow HPC, at this phase of the constructian project, advisory design review
authority would be unfair and would adversely impact our vested properly rights
greatly.
We respectfully request that the Dubuque Historical Preservation Commission's request
for permission to conduct advisory design review of the Walgreen's project at Elm and
20th be denied.
Sincerely,
OPERTY GROUP, I~TD.
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