Tschiggfrie Access Tower InvestT-Corp
A Development Company
11 September 2002
Mayor Duggan & City Council
City Hall
Dubuque IA 52001
Mayor Duggan & City Council:
I, Edward Tschiggfrie, President of T-Corp, would like to address the Council of an access situation on the
93-acres of PUD zone property in which we own un Rockdale Road, known as the Tower Investment
Subdivision.
Last year, Lloyd Gudenkauf approached the Zoning Commission and City Council changing his
preliminary and final plat of the Jaeger Heights Subdivision #2 eliminating the second access to this
property. (see copies attached) Mr Gudenkaufgot final approval over the recommendation against it from
the Zoning Staff and without our knowledge of this taking place.
Our only other option for the second access to this property is off the end of Tower Drive would be through
the existing Tower Hills Mobile Home Park, which is about 500 feet of private street, but would be
adequate for this purpose. We have spoken to the Owner of this property on several occasions but have
refused to grant this request.
We would like to request the Mayor and City Council to assist us in having this become a City street,
because our area already approved for approximately 600 units of family housing and 5 acres of
commercial property.
President
phone (319] 557-7450 ::=~sl fax (319] 557-7585
Edward Tschiggfrie
President
IA52004-3280
11 September 2002
Mayor Duggan & City Council
City Hall
Dubuque IA 52001
Mayor Duggan & City Ccmncil:
I, Edward Tsehiggfi'ie, President of T-Corp, would like to address the Council of an access situation on the
93-a~es of PUD zone property in which we own on Rockdale Road, known as the Tovnx Inves~mont
Subdivision.
Last year, Lloyd Gudenkauf approaebed the Zoning Commission and City Counell changing his
preliminary aad final plat of the Jaeger Heights Subdivision #2 eliminating the second access to this
prop~ty. (see copies attached) Mr Gudenkaufgot final approval over the reeranmendation against it from
the Zoning Staffand without our knowledge of this taking place.
Our oaly other option for the second access to this property ~s offthe end of Tower Drive wo~ld be flarough
the existing Tower Hills Mobile Home Park, which is about 500 feet of private street, but would be
adequate for this purpose. We have spoken to the Owner of this property on several occasions but have
refused to grant this request.
We would like to request the Mayor and City Council to assist us in having this become a City street,
because our area already approved for approximately 600 units of family housing and 5 acres of
c~amereial property.
Yours truly,
President
phone [319] 557-7450 3;E~ fax[319] 557-7585
ooc
GRAPH1C SCAL~
0 100 200
t
FINAL PLAT
JAEGER HEIGHTS SUBDIVISION NO. 2
LOT A (EMILY DRIVE), LOT B(BIANCA DRIVE) AND LOT C(KA'rHY DRIV~)
LOTS 5 AND 4 OF BLOCK 5
LOTS 4- THRU 10 OF' BLOCK 6 AND LOT O OF BLOC~ 6
LOTS I THRU 15 OF .BLOC~ 7
IN THE CITY-OF DUBUQUE, IOWA
CCOMPRISED OF LOT 2-1--1--ML 49z~ .~-' ML 495--NW-SEC~ 1, T89N, R2r' OF THE 5TH PM)
LOT 1-pT-ML 500
LOT 2-
ML 496
10 11
119.60'
LOT 1-1-2 TOWER tNV~5'TMEN~S
NO. 1 [ LOT 2-1-2 TOWER INVESTMENTS SUB. NO. 1
u'nu~ E.,,s~'r ~'~E~ (U~')
.J
TOWER HILLS COMMUNITY
TOWER INVESTMENTS, INC,
224 UNIT MOBILE HOME PARK
248 UNIT TOWNHOUSE DEVELOPMENT
90 CONDOMINIUM UNiT DEVELOPMENT
96 UNIT APARTMENT DEVELOPMENT
5 ACRE COMMUNITY SHOPPING AREA
ZONING ADVISORY COMISSION
Meeting Minuteses
July 5, 2001
6:30 p.m.
A~dito~ium, Carnegie Stout Library
360 W. 1 t~ Street, Dubuque, Iowa
Chai.,person Eugene Bird, Jr., Commissionem Rcm Smith, Stephen
Hardie, Martha Christ, Jeff S~iles and D'~ck $chii~.
Commissio~e~ Bob
CERTIFICATE OF COMPLIANCE: Staff presented an Affida~,~ of Compliance ver~,ing
that the meeting was bering held in compliance with ~h~ Iowa Open Meetings Law.
C.ALL TO ORDER; The rr~eting was called to order at 6:30 p.m.
MINUTES: The .minb-te~ of June 6= 2001 were appro~-~d unanimousiy a~ submlffed.
ELECTION OF OFFICEP.~: Motion by Schlitz, seconded by Hardie, to non, nato
Eugene Bird, Jr. as Commission Chair, Richa~ Schittz as ',~ce Chair and Marths Christ
as Secrel~r:/. The nominetior~s w,are approved unanimously.
ACTION ITIEM,.W~RELIMINAR'Y PLATIGUDENKAUF: Application of Lloyd Gudenka~-f
~',~ approve the pre~.-~,'~a~j plat of Jaeger Heights Sub-3ivision ,No. Z bcated west Of
Jaeger Ddve,
Lloyd Gudenkauf, 108'~6 Cascade Drive, asked file Commission to approve his
preliminaG' plat as subm_.i~J. Commissioner Schi{lz asked if Mi'. Gudenkauf's bro,ffmr
had o,~inaliy developed thb property. Mr, Gudenk-auf said yes. Commissioner $chi_~
asked if a--~.~ss to the Matone's proped.7 would be maintained. Mr. Gudenkauf said
that the a~ issues wi[h the Malone'$ have been resoived and that an access to the
property w~ll be maintsir',ed. The Comn'~s,sior~ers di~ the request to devetop Lot
6 ~ no frontage, ~J'~lizing an access easement The Commissioners discussed
p ,r0blems that may be generat~:l by ~eating tots ¥#~h no frontage. The Commissioners
also discussed Increasing the v,4dth OtFthe 12-foot access easement between Lots 7 & 8
across Lot 6 to the detention basin en Lot 4. The Commbstoners felt that a 20~foo{
access easement would be mom app,"opriate.
The Corrrnissioners disCuSSed ~e ellmlnetlon of the fom~er Rita D~lve access to the
t)alance ol'~ pre-pert3, to t~e south. Mr. Gudenkauf stated that fl3e property to the
· south would most likely be developed as a self-contalned ~a-ailer pa~ with no access to
his subdbision. He a/so said there is a grade change between the properties that
Meeting Minutes - Zoning Advisory Commission
July 5, 2001
Page 2
made access diffiCt~t~ ,'The Comrn[ssioners fett ~ based on ~e reasons Mr.
Gudenkaut out)ined, +Jlere is r~o ~ ~ m.~inlain ~s ~o~nef R~ Drive acct..ss.
Motion by Hardie, seconded by Stiles, b3 approve the .subdivision plat waiving the
Sect~n 4 Lot Fronl~ge requirements for Lots 3, 4, 5, 6 and 7 of Block 6, and
designating Lot 6 of Bfock 6 as a non-buildable lot, and mcorjnizing that the R;-I~ Drive
eccess has been elin'Jnated. MoiY~q w~s approved by the folb~ng vote: Aye - Smib~,
Hardie, Christ, Stiles, SchiP~ and Bird; Nay - None.
rrrE~S FROM COE~MISSION~: Commissioners quesfic~necl the absence of )Bob Nagle
frown the meeting. The Commissioners stated that if Mr. Nagle has moved, ~at a formal
tettsr of reslgnaUon should be submitted to en~bie a new commissioner to be
appointed.
Moi~on by Han~)e, seconded by ScflhY~. to c~.rry out by-law stipule'dons regarding
absence a commission member. Motion was approved by the ~llow).r~ vote: Aye -
Smith, Hardie, Christ~ Sales Schlitz ~nd Bird; Nay - None.
ADJOURNMENT; The meeting adjourned at 7;00 p.m.
Respectfully submitted,
Guy He{menw-ay, Asstslant Planner
SUBDIVISION STAFF REPORT Zoning Agenda: July 5, 2001
Project Name:
Property Owner.
Applicant:
Preliminary Plat of Jaeger Heights Subdivision No. 2
Lloyd S. Gudenkauf
Lloyd S. Gudenkauf
Number of Lots: 26
Acreage in R.O.W. 1.3 acres
Total Area: 8.8 acres
In City: Yes
In 2-Mile Area: N/A
Flood Plain: No
Density Allowed:
1 lot/6,000 sq. ft.
Commonly owned lots: None
Sanitary Sewer: Yes
Water: Yes
Storm Sewer:. Yes
E~isting Street Access: Yes
Proposed Land Use: Residential
Existing Land Use: Vacant
Adjacent Land Use: Residential
Proposed Zoning: R-l/R-2
Existing Zoning: R-l/R-2
Adjacent Zoning: R-1tPR
Physical Characteristics: The subject parcel is relatively fiat and extends north and
east of the existing Jaeger Drive. To the north and northwest of the subject property,
the property slopes down to a branch of the Catfish Creek.
Proposed Phasing: None.
Previous Conditions of Zoning or Plats: None.
Dedication of Open Space or Public Amenities: None.
Proposed Streets and Grades: Kathy Drive - 3-.8%; Barbara Drive - 2.5 - .6%; Larry
Drive - 1 - 3.6%; Jaeger Drive - .6 - 1.3%; Bianca Ddve - 2.5 - .6%.
Recommended Motion: Motion to approve the preliminary plat of Jaeger Heights
Subdivision No. 2 as it in is substantial compliance with City of Dubuque Subdivision
Standards, subject to waiving of the lot frontage requirement for Lots 3, 4, 5, 6 and 7 of
Block 6.
Conformance with Comprehensive Plan: 1965 Gruen Plan- Single-Family
Residential; 1990 DMATS Plan -future residential; 1995 Comprehensive Plan did not
designate this area.
SUBDIVISION STAFF REPORT Page 2
Impact of Request on:
Utilities: Existing utilities are adequate to serve the proposed subdivision.
Traffic Pattems: All of the streets in the,subdivision are classified as local
residential streets. There are no traffic counts available for these streets.
Public Services: Existing public services are adequate to serve this area.
Environment: No adverse impact to the environment is anticipated provided
adequate erosion control measures are taken during the development of the
subdivision.
Adjacent Properties: The adjacent property is ~'ither developed for single-family or
multi-family residential as is the proposed subdivision. Staff does not anticipate
any adverse impacts to adjacent property_from the de_velopment of Jaeger Heights
Subdivision.
Recommended Conditions on Plat: None.
Staff Analysis: The applicant, Lloyd Gudenkauf, has submitted a revised preliminary
plat for Jaeger Heights Subdivision No. 2. A preliminary plat was originally approved in
September 1993. Attached to this staff report is a reduced version of the preliminary
plat approved in 1993 labeled Exhibit A.
In general, the revised preliminary plat creates larger building lots than shown on the
preliminary plat approved in 1993. The larger lot size reduces the total number of lots
platted from 48 to 42 lots.
The principal changes between the submitted revised preliminary plat and the plat
approved in 1993 is that the property at the end of what was then called Barbara Drive
but is now named Bianca Drive has been platted into four building lots and one lot for
storm water detention. The previous plat labeled this area as Block 9, non-
developable. Mr. Gudenkauf believes that it is possible to construct single-family
homes in this area and has subdivided this area into four building lots. This portion of
the subdivision is zoned R-1 and the three lots fronting on the Bianca Drive cul-de-sac
are substandard in lot frontage. The R-1 District requires 60 foot of lot frontage where
the three lots on Bianca Drive cul-de-sac have approximately 50 feet of frontage.
Planning steff does not believe this will cause any problem in developing these lots, as
all three lots are large enough to easily accommodate a single-family home.
The fourth building lot in this area, Lot 6, has no frontage at all, but only a 12' access
easement from Kathy Drive. The fire marshal has reviewed the proposed access
-easement and is satisfied there would be adequate access for emergency vehicles.
~ , "~-SUBDIVISION STAFF REPORT Page 3
The City of Dubuque has not typically approved new building lots without frontage on a
public street; however, Mr. Gudenkauf felt that while this lot will be rugged and have
quite a bit of slope, it may still present a suitable building lot. If the Zoning Advisory
Commission does not feel it is appropriate to create a new building lot that does not
have frontage on a public or private street, Mr. Gudenkauf has indicated he would label
it as a non-buildable lot. , :_
Lot 4 served as a detention basin and has no frontage.
The City Engineering Division has indicated a need to provide an access easement to
allow the City of Dubuque to maintain the detention basin as shown on Lot 4.
Whatever the disposition of Lot 6, an access easement will be required by the City.
The last major change from the previously approved preliminary plat is the elimination
of Rita Drive that provided access to the adjacent property to the south. The property
to the south is owned by Mr. Ed Tschiggfrie.~ This stub s~eet was required to provide a
potential secondary access to Jaeger Heights and also to the adjacent property to the
south4 The adjacent property, owned by Mr. Tschiggfrie, could be developed as an
extension of the existing mobile home park owned by'Tower Investments, or could be
developed for single or multi-family residential homes. Notification of surrounding
property owners is not required as part of platting approval, thus, Mr. Tschiggfrie has
not received any official correspondence from the City concerning the submitted
revised preliminary plat. However, in previous discussions with Mr. Tschiggfrie, he
indicated to Planning staff that he does not have immediate plans for development of
the property.
Planning staff does not believe it is appropriate to eliminate the stub street at this time
until the use of the adjacent property is known. In addition, the stub street also serves
as a potential second access for the Jaeger Heights Subdivision.
Planning staff recommends that the Zoning Advisory Commission's motion include the
waiving of the 60-foot lot frontage requirement for Lot 3, 4, 5, and 7 of Block 6. The
motion should also include the Commission's decision on whether to allow the platting
of Lot 6 with no lot frontage. Finally, the Commission should decide whether the stub
street to the south (formerly Rita Drive) should be reinserted in this preliminary plat.
Prepared by: V__.,{,~:~-~,T~___ Reviewed: ~'~;~.~L~ Date: