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Final Plat - East Dubuque No. 3 / 232 E. 14th Street_Dubuque Housing Initiatives Copyrighted July 17, 2017 City of Dubuque Consent Items # 17. ITEM TITLE: Final Plat- East Dubuque No. 3 /232 E. 14th Street SUMMARY: Zoning Advisory Commission recommending approval of the Final Plat for East Dubuque No. 3 /232 E. 14th Street as requested by Community Housing Initiatives, Inc. RESOLUTION Approving the Final Plat of Ease Dubuque No. 3, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Vicinity Map Supporting Documentation Staff Materials Supporting Documentation Resolution Resolutions Planning Services Department Dubuque City Hall-50 West 13th Street THE CITY OF Dubuque,-421 ,1 52001-4864 uB ,IAmeticaC (563) 0 phone j,—JD/ (563)589-4221 fax (563)690-6678 TDD planning@cityofdubuque.org Masterpiece on the Mississippi ,.,,,.,,,a,,, „ July 10, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: David Harris / Community Housing Initiatives, Inc. Location: 232 E. 14th Street Description: Final Plat of East Dubuque No. 3 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 The applicant was not in attendance. Staff reviewed the staff report, noting that the submitted Final Plat subdivides an existing four dwelling unit apartment building that Community Housing Initiatives is in the process of rehabbing into four townhouses. Staff indicated that the residential building is a legally non-conforming use in the C-4 District because there is no ground floor commercial use; however, replatting the property will not increase the non- conformity. Staff recommended approval. There were no public comments. The Zoning Advisory Commission discussed the request, and felt it was appropriate. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Z6 ' E Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Alvin Nash, Housing and Community Development Director Service People Integrity Responsibility Innovation Teamwork THE CITY OF City of Dubuque DT T� E Planning Services Department lJ Dubuque,IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210Fax: 563-5894221 plann ina(a)citvofdubupue.org PLANNING APPLICATION 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 choose one 01-limited Setback Waiver []Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print leaibly in ink Property owner(s):community housing initiatives inc Phone: 712 262 5640 Address:PO box 473 ,,,.spencer State Zip:51301 Fax#:712 580 3082 cell #: E-mail: jennyk@chihousing.com Applicant/Agent: david harrls Phone: Address:1600 w 32nd c .dubuque --___State: " Zip: zip:52001 Fax#: cell#:563 599 1424 E-mail: housingharris@gmaii.eom Site location/address:232-234-242-246 a 14th st Neighborhood Association: NSA Existing zoning: C—q - Proposed zoning:-AVIA District: /V/A Landmark: ❑Yes ® No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision):see attached Total property(lot)area(square feet or acres):2909.7 sq ft Describe proposal and reason necessary(attach a letter of explanation,if needed): rehab of existing apt. units and resale as individually-owed town homes for owner occupants 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 written and graphic materials are attached. Property Owner(s): community housing initiatives inc Date: \ �r Applicant/Agent: � C Date: FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Fee:�.Received by: Date: �o ✓�/ 7 Docket: RECORDER'S INDEX LOCATION: EASERLY 56' F LOT 52 EAST DUBUQUE. AN ADDITION TO THE CITY OF DUBUQUE REGUESTOR: DAVID HARRIS PROPRIETOR: COMMUNITY HOUSING INITIATIVES, INC. SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING, INC. RETURN T0: PAO? SCHNEIDER BOX 128FARLEY, IOWA Ph#563-744-3831 0avesByousq.net FINAL PLAT EAST DUBUQUE No . 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA . THE EASTERLY 56 FEET OF LOT 52 IN EAST DUBUQUE, AN ADDITION IN THE CITY OF DUBUQUE, C`DUBUQUE COUNTY, IOWA \ E?i T'EPLV N>L= G` 51 ELFT D1310LE LUG.RJN 3' \ \ Gi 51 � �cST G00VOU� \ / % 0A RNER EASTNW 71 NIG NOTE: THE NORTHERLV AND EASTERLY �jS LOTCOR52'yEEAST DUBUQUE BUILDING PUBLICARE RIGHTTNOFRWAYED FAL/ SET S IN WITNESS BUILDING WITNESSPOINTS LINE AS INDICATED BELOW. / 1.00' NORTHERLY AND \ EASTERLY \\ Q SET 1/2'—\ 69 12 N 006 \1 Q REBAA w/ N AO +- N N_ o #144YELL0W CAP 17(TYP.) ,,v/92 12 \ NNm N o k \\ v O m :\ Or Al E p/.. NN N j N`l7✓ .N� ` Q NW CORNER---. H6@,LOTo ` o m ' Ok EAST DUBUQUE N, ' O�_ie SET NAG NAIL \ q,NN, o0 (TYP.) \\ O✓ N 5ti \ \ \ N L,pT_1 4C \\ Eos c.euOUE H OG O \ FOUNO'"T, i9' 569 w-' BE CORNER E2 ` LOT 52 � O\ �� MonsE L -s._P EAST DUBUQUE \ PIPO \ ,o Na m \\ J \\ 59li?FFP cY 'ALF Lc. Si Cu5'JOUE \\\ \ \\ 1111NMEPL I4F \ C \ SE CORNERLO EAST DUBUQUE Q ,ygisai5ry, ( I hereby certify that this slandurvey work documentperformed was SCHNEIDER SURVEY DESCRIPTION: 0 LAND 5, prepared and the related survey work was perfprmee Land Surveying Y me or under direct personal supervision and that Y 9 SEE SHEET 2 =yE D� I duly li e�is d Lane Surveyor under the laws of 6 L ne St to pa•d. Planning.Inc. _=„ DAVID P.O. Box 320 m % J SC814E4 O]R L PP #1 3-) 4a 353fe Ih TOTAL AREA � Davie P. Schneider P.L.S. #1441] Data; daveaeyousd.net 2909.7 SO.FT. IOWP �fyi' NY license renewal date is December 31. 203]. Pro ect: 2222 Survey Date:5/2fi 203] "Y3sprlm�,ae�+" Pages or sheets covered by this seal: THIS SHEET ONLY Sheet: 1 of 5 THE CTTv of Dubuque DUB E i Masterpiece on the Mississippi 2097 3012 2013 Vicinity Map r eas Applicant to , ,��- Property City of Dubuque \ Applicant: Community Housing Initiatives, Inc. Location: 232 East 14th Street t m> 1 r Description: Final Plat of East Dubuque No. 3 Legend * ® Applicant Property City limits DIER This IMomelonaasodoodled using Ne Duducure Ares Geographic lMamreOor3ye 7 ,WhichWcluEetecrEyEONIMClyfNineq—rod buqueCwntioundershoodthad.winletheChlyof n trl Ourqua and peMegoral agencies Ilalnut In Ncurrent pl - • 'Lk - \ „r, - and accurate Worried..11a l DMAS and!Its upoers do 'V nM warnNlhee¢ureryorcv ry fN t honor Este •/ contained babledn qu Cy and pen Vfr9agenciesmell not A "hold 4or shf ia,rymag l.w tl' 're 11 sequeMel N unions,arsp,short ages wM1MM 1 bl us a of ens data ensng mlolln use tl unauthorized any r\ 4 usrr ens fEela mthe lneE,or. use tMS date or oW of any Ercecn of wenenry wnetzoev<r. pleat�"(by City of Du THE CITY OF Dubuque DuB E FII-Fmerlca City Masterpiece on the Mississippi 111111 ,�.I„I�„13 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner x•1. X. SUBJECT: Final Plat of East Dubuque No. 3 DATE: June 7, 2017 INTRODUCTION The submitted Final Plat of East Dubuque No. 3 subdivides an existing parcel of property into four lots to facilitate the conversion of an existing four dwelling unit apartment building into four townhouses. The subject property is located at the southeast corner of East 14th and Jackson Streets. DISCUSSION The submitted Final Plat of East Dubuque No. 3 subdivides an existing 20,909 square foot property into four townhouse lots. The subject property is currently a four-unit apartment building that is being rehabbed by Community Housing Initiatives, Inc. The subject property is currently zoned C-4 Downtown Commercial District. The C-4 District only allows residential uses above the first floor. The existing four-unit apartment building is a legally established non-conforming use. As such, it may remain and continue to be used as a residence until it is removed. The conversion of the four apartments into townhouses does not increase the non-conformity of the property and is permitted by the Unified Development Code. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the submitted Final Plat of East Dubuque No. 3 and recommend approval of the plat as it is in compliance with the Unified Development Code. KLK/mkr Enclosure 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@citvofdubuque.orQ David Harris 1600 W. 32nd Street Dubuque IA 52001 RE: City Council Consideration of Plat Dear Applicant: Dubuque ***** All-Arne/Ica City 11111' 2007 • 2012 • 2013 THE CITY OF DUB Masterpiece on the Mississippi July 6, 2017 The City Council will consider your request to plat property located at 232 E. 14th Street at a public meeting on Monday, July 17, 2017, at 6:00 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of. the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. 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 Community Housing Initiatives, Inc., P 0 Box 473, Spencer IA 51301 Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 256-17 RESOLUTION APPROVING THE FINAL PLAT OF EAST DUBUQUE NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Final Plat of East Dubuque No. 3, in the City of Dubuque, Iowa, and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat of East Dubuque No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 17th day of July , 2 Attest: Kevin'. Firns ahr,tity Clerk 1 Roy D. Buol, Mayor ACCEPTANCE OF RESOLUTION NO. 256-17 I, the undersigned, representing , having read the terms and conditions of the Resolution No. 256-17 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of State of Iowa County of Dubuque ) ) ss: ) By 2013. On this day of 20 , before me, a Notary Public in and for said state, personally appeared , to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of Iowa My Commission expires: RECORDER'S INDEX LOCATION: EASTERLY 56' OF LOT 52 EAST DUBUQUE, AN ADDITION TO THE CITY OF DUBUQUE REQUESTOR: DAVID HARRIS PROPRIETOR: COMMUNITY HOUSING INITIATIVES, INC. SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING, INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousq.net FINAL PLAT EAST DUBUQUE No.3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. THE EASTERLY 56 FEET OF LOT 52 IN EAST DUBUQUE, AN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA EASTERLY HALF \j LOT 51, EAST DUBUQUE ADDITION WESTERLY HALF LOT 51, EAST DUBUQUE �'( `6A,CORNER Z – FALLS 2INEBUILDING DUBUQUE NOTE: I,AtAST � SET WITNESS POINTS THE NORTHERLY AND EASTERLY Cy� 1.00' NORTHERLY AND BUILDING WALLS ARE CONSTRUCTED Fi/ EASTERLY OVER THE PUBLIC RIGHT OF WAY SET WINORTS RLINOF LINE AS INDICATED BELOW. CORNER AND ON THE 1.00' NORTHERLY OF LOT LINE EXTENSION / -;.h3 SET 1/2" / REBAR w/ \ N --YELLOW CAP / #14417(TYP.i NW CORNER LOT 71, EAST DUBUQUE SET MAG NAIL AT LOT CORNER (TYP. NOTED) UNLESS NW CORNER LOT 52, EAST DUBUQUE SET MAG NAIL– \ 1.0' NORTH OF CORNER ON WEST LINE OF THE BLOCK 2.2 S' A 07 u� N OUO�O�E NOP52EP�PSS jos LOT 71, EAST DUBUQUE P.O.B. SE CORNER LOT 52, EAST DUBUQUE O o - 10 II ti RAPHIC SCALE F A (U 1 O L, EASTOT DU70BUQUE NORTHERLY HALF LOT 53, EAST DUBUQUE SET 1/2"—' REBAR w/ YELLOW CAP #14417 – 1.0 NORTH OF CORNER ON LINE SOUTHERLY HALF LOT 53, EAST DUBUQUE NORTHERLY HALF LOT 54 EAST DUBUQUE SURVEY DESCRIPTION: SEE SHEET 2 °°!:%* iii/// \chi DAVID P. { = J =SCHNEIDER 0 _l TOTAL AREA #14417 2909.7 SQ,FT. -.... /OWN 40//i1111m000 55 SE CORNER LOT 56, EAST DUBUQUE SET 1/2" REBAR w/ YELLOW CAP �� #14417 0 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I duly lice e. Land Surveyor under the laws of to of Io SCHNEIDER Land Surveying Planning, Inc. David P. Schneider P.L .S. #14417 ( b(a W P.O. Box 126 Pdyo43 My license renewal date is December 31. 2017. IProiect: 2222 Pages or sheets covered by this seal: THIS SHEET ONLY !Survey Date:5/26/2017 !Sheet: 1 of 5 Sheet 2 of 5 Survey Description — East Dubuque No. 3, City of Dubuque, Dubuque County, Iowa The Easterly 56 feet of Lot 52 of East Dubuque, an addition in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the southeast corner of said Lot 52; thence S68°14'00"W, 56.21 feet along the south line of said Lot 52; thence N21 °43'32"W, 51.90 feet to the north line of said Lot 52; thence N68°22'47"E, 56.08 feet to the northeast corner of said Lot 52; thence S21 °51'48"E, 51.75 feet to the southeast corner of said Lot 52 and the point of beginning, containing 2909.7 square feet. This property is subject to easements, reservations, restrictions and rights of way of record and not of record, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within 30 days from the date this plat is recorded. I hereby certify that this land survey document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. David P. Schneider P.L.S. #14417 / S Date: (((( My license renewal date is December 31, 2017. Pages or sheets covered by this seal: Surveyor's Certificate Only Schneider Land Surveying & Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Job No. 2222 Phone: 563-744-3631 Fax: 563-744-3629 Email: daves@yousq.net Date: 5/26/2017 Sheet 3 of 5 OWNER'S CONSENT Dubuque, Iowa oDi(D .2017 The foregoing plat of East Dubuque No. 3, City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. Community Housing Initiatives, Inc. David Harris, Authorized Signer State of Iowa ) ) ss: County of Dubuque ) On this 69L6day of kLtn,Q . 2017, before me, a Notary Public in and for said State, personally appeared Davi Harris, Authorized Signer of Community Housing Initiatives, Inc., to me personally known, who being by me duly affirmed did say that he, said David Harris, acknowledged the execution of said instrument to be his voluntary act and deed voluntarily executed. GINGER M. SMITH Commission Number 776015 My Commission Expires Ia—-►a \_�-� Nary Publi the State of Iowa My Commission Expires 1 a —5— I i MORTGAGE HOLDERS ACKNOWLEDGMENT The undersign for of State of Iowa, do greby certify that the attached Final Plat of East Dubuque No. 3, C of Dubuque, Dubuque County, I xe, is made with our free consent and in accordance with ouresire as lien holder and mortgagee of the premiss described herein. Bank City President V.P. State of Iowa ) ) ss: County of Dubuque ) On this day of , 2017 before me, the un signed, a Notary Public in and for said State, personally appeared and to me personally known, who being by me duly orn, did say that they are the \s„ , and ectively, of the corporation executing the with' nd foregoing instrument; that the seal affixed thereto i , ' e seal of the corporation; that the instrument was si d and sealed on behalf of the corporation by au .rity of its Board of Directors; and that and as officers acknowledged the execution of the foregoing" trument to be the voluntarily act .,• deed of the corporation, by it and by them voluntarily executed. Notary Public in the State of Iowa My Commission Expires Sheet 4 of 5 ATTORNEY'S OPINION I, 3 r;d + • Pete" S , a practicing attorney at law in (city) pala,,/f,,,e Dubuque County, Iowa have examined the abstract of title to the land included within Bast Dubuque No. 3, City of Dubuque, Dubuque County, Iowa, said abstract has been prepared in its entirety by the We(„ Abstract and Title Company, and was last certified to by said company on the //tb day of :Tw.,.e , 2017, at the hour of R" o'clock /4 M. My examination of said abstract shows good and merchantable title on the date and hour of certification to be in the Community Housing Initiatives, Inc. Dated at . Iowa in said County, this 13,.d day of .,e , 2017. 1 CITY ASSESSOR Signature Attorney at Law Name (printed) IJ�;ak �✓, /� Address W- ec 11 -c -k Se -.)-00 Phone nillmber Stip — SEP- as- ? Dubuque, Iowa 2017 The forgoing plat was reviewed in the office of the Dubuque City Assessor this day of , 2017. City Assessor of Dubuque, Iowa DUBUQUE COUNTY TREASURER Dubuque, Iowa ,2017 I, the undersigned, , Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against East Dubuque No. 3, City of Dubuque, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer Dubuque County, Iowa CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa Z -. y , 2017 The foregoing plat of East Dubuque No. 3, City of Dubuque, Dubuque County, Iowa, being within the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning A visory Commission Chairperson Sheet 5 of 5 CITY COUNCIL APPROVING PLAT Dubuque, Iowa July 17 , 2017 The undersigned, Roy D. Buol Mayor and Kovin S. Firnstahl , Clerk of the City of Dubuque, Dubuque County, Iowa, do hereby certify that the foregoing plat of East Dubuque No. 3, City of Dubuque, Dubuque County, Iowa, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. ,r 1 / l t✓ r "r, Roy D. Buol Mayor State of Iowa ) ) ss: County of Dubuque ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. Notary Public in and for the State of Iowa My Commission Expires COUNTY AUDITOR Dubuque, lowa .2017 The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2017. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, lowa ,2017 The forgoing plat has been received by the Dubuque County Recorder this day of . 2017. County Recorder of Dubuque County, Iowa