Request to Rezone 3520-3522 Hillcrest RoadPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubugue.org
TH>r cmr of _ Dubuque
DUB E
Masterpiece on the Mississiyyi ' ~ ~ I ~ ~
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February 9, 2009
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Richard Strohmeyer/Joseph Oberbroeckling
Location: 3520/3522 Hillcrest Road
Description: To rezone property from R-1 Single-Family Residential District to R-3 Moderate
Density Multi-Family Residential District.
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 spoke in favor of the request noting that the original zoning applied to the property
was in error when the structures were built.
Staff reviewed the series of events that lead to the requested rezoning. Staff noted that
because of the parcel size the two four-plexes could not be expanded if the parcels are rezoned
to R-3.
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,
~-~ ~ ~~-
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity
Responsibility Innovation Teamwork
THE CITY OF Dubuque
DT TB E City of Dubuque
y ~ ~ ~ (~ 1 Planning Services Department
Dubuque, IA 52001-4864
Masterpiece on the Mississippi 2~, Phone: 563-589-4210
Fax: 563-589-4221
^Variance ^Planned District ^Major Site Plan
^Conditional Use Permit ^Preliminary Plat ^Major Final Plat
^Appeal ^Minor Final Plat ^Simple Subdivision
^Speci ception ^Text Amendment ^Annexation
^Li ' ed Setback Waiver ^Simple Site Plan ^Temporary Use Permit
ezoning ^Minor Site Plan
PLANNING APPLICATION FORM
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^ istoric Designation ~ /~,
neighborhood Association l
^Other:
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Property owner(s):~~~t. ~Ck~ 352 Phone:
Address: City: State: Zip:
Fax Number:
Cellular Number:
E-mail Address:
Applicant/Agent: ~ ~'~ ~~ ~l9 ~ Phone: c~6~ '~4'- ~Z ~C~
Address: ~~ ~ W~ ~3~ ~/`~~'- City• ~Q State:~1~}' Zip>~~°
Fax Number: Cellular Number: E-mail Address:
Site location/address: ~ ~ Z~ '~ ~~ZZ ~~~~Gr~ a- ~/(a~~
F~cisting zoning: `Proposed zoning: ~`~ Historic District: ~ `~ ~ Landmark: ~
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):.
Describe proposal and reason necessary (attach a letter of explanation, if needed):. o ~ Zfl rc -u
CERTIFICATION: I/we, the undersigned, do hey certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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~: - 9-T-~ Date: ~~/~4e L
Applicant/Agent:
Date:
FOR OFF CE USE ONLY - APPLICA N UBMITT CKL 4
Fee: Received b Date:/2 ` ~~`' ~ Docket:
^ Site/ etch plan^ Conceptual velopm Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan - ^ Other:
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ORDINANCE NO. 6-09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3520 AND 3522 HILLCREST ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT OBTAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is thereby amended by reclassifying the hereinafter-described property from R-1
Single-Family Residential District to R-3 Moderate Density Multi-Family Residential to
Wit:
Lots 6 and 7 of Key Knolls Subdivision, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. There foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 16th day of February 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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THE CTfY OF
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Masterpiece on the Mississippi
Vicinity Map
Dubuque
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Applicant: Richard Strohmeyer/Joseph
Oberbroeckling
Location: 3520 3522 Hillcrest Road
Description: To rezone property from R-1
Single-Family Residential District to R-3
Moderate Density Multi-Family Residential
District.
Legend
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THE CTTY OF
DUB ~E
Masterpiece on the Mississippi
Joe Oberbroeckling
2441 Birchwood
Dubuque, Iowa 52002
Subject: 3520 Hillcrest Road
Dear Mr. Oberbroeckling,
Dubuque planning services Department
~.~J 50 West 13th Street
~F~~ Dubuque, Iowa 52001-4805
' Office (563) 589-4210
I I• Fax (563) 589-4221
T'TY (563) 690-6678
planrting~cityofdubuque.org
2007 www.cityofdubuque.org
December 10, 2008
I was contacted by an appraiser about the property located at 3522 Hillcrest. The
property is a four-plex located in asingle-family residential zoning district. A four-
plex is not a permitted use in asingle-family residential district. I researched the
prior zoning and building permits to see if it was grandfathered.to be a four-plex. My
research found that the property was zoned R-1 single-family prior to 1975. The
attached building permit indicates that a permit was issued in 1971 fora 4 unit multi-
family residential dwelling. An error was made in the issuance of the building
permit. The property owner proceeded to construct the 4 unit dwelling. During the
research, I also found out that the property at 3520 Hillcrest (your property) is also a
4-plex in asingle-family residential district.
The property owner at 3522 Hillcrest (Richard Strohmeyer) is looking to refinance his
property. When refinancing, the banks want to be sure that the property could be
rebuilt if destroyed. I can't say that the property could be rebuilt because it is not a
legal non-conforming structure. This means that if it were to be destroyed by fire,
tornado, etc asingle-family home could only be placed on the property. To bring the
properties at 3520 & 3522 into zoning compliance, they would need to be rezoned to
R-3 Moderate Density Multi-family.
Because there was an error in issuance of the building permit, the City is proposing
to rezone your property to R-3 Moderate Density Multi-family with no charge to you.
We need to have you sign the application as property owner.
Please contact me at 563-589-4210 to discuss the rezoning.
Sinc ly,
Wally rnimont
Assistant Planner
attachments
Service People Integrity
Responsibility Innovation Teamwork
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B.of ~. Var. _ of Ar_~. 1V Sect
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Yard requirement & Brea requirement for erection of _'
4 Apt. Bldg., Denied Docket No. 14-6g
0-Conrad Construction ~'
Erect-MF (4) br ven dw BP 418 6/28/71 $20,000.00 -~
0- Joe Oberbrockling C- Home Doctors
New roof, sd, SF BP26701 11-1-94 $2849.00
O-Joe-Oberbrockling C-Owner
Wrap windows (alum), MF, sd BP 30893 6/21/95.- $600.00
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3522 Hillcrest Road - . .
O. Conrad Const. Co._ 420 6/28/71 20,000.00
Erect mf (4 unit) br ven dw B • P • C_ James Kress __
`0- Dick Strohmeyer _ _
t/o, reroof , sd; b`r ci~, MF~ BP~ ~5~34 3'22'95 $2375:00`
REZONING STAFF REPORT
Zoning Agenda: February 4, 2009
Property Address: 3520/3522 Hillcrest Road
Property Owner: Richard Strohmeyer/Joseph Oberbroeckling
Applicants: Richard Strohmeyer/Joseph Oberbroeckling
Proposed Land Use:
Existing Land Use:
Multi-Family Residential
Multi-Family Residential
Proposed Zoning: R-3
Existing Zoning: R-1
Adjacent Land Use: North -Single-Family Residential Adjacent Zoning: North - R-1
East -Multi-Family Residential East - R-3
South -Single-Family Residential South - R-1
West -Single-Family Residential West - R-1
Former Zoning: 1934 -County; 1975 - R-1; 1985 - R-1
Total Area: 15,000 sq. ft.
Property History: The property was agricultural land until it was subdivided in the early
1960s as part of the Key Knoll Subdivision. Two four-plexes were built at this location
in 1970.
Physical Characteristics: Each lot is approximately 7,500 square feet in area and each
lot accommodates atwo-story four-plex with an approximately 1,500 square foot
footprint. The lots slope from their high point along the Hillcrest Road frontage to the
backyards. Parking for the four-plex at 3520 Hillcrest Road is accessed from Key Largo
Drive to the back yard and parking for the four-plex at 3522 Hillcrest Road is accessed
from a driveway from Hillcrest Road to the back yard. Each unit has a single garage
and an additional substandard paved parking area behind each garage.
Concurrence with Comprehensive Plan: The Comprehensive Plan recommends
that this area be developed as mixed use residential. The Comprehensive Plan also
encourages the concept of mixed use development to diverse self sufficient
neighborhoods while buffering and protecting incompatible uses from each other.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report - 3520/3522 Hillcrest Road Page .2
Traffic Patterns/Counts: The addition of vehicular traffic from the four-plex at
3520 Hillcrest Road to Key Largo Drive and the addition of vehicular traffic from the
four-plex at 3522 Hillcrest Road onto Hillcrest Road should have very limited impact
on the overall traffic in this neighborhood. Both driveways are set back from the
street intersection and should not create a traffic hazard.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment as
the site currently is fully developed.
Adjacent Properties: Maintenance of the two existing four-plex buildings at this
location should have very limited additional impact on adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicants are proposing to rezone two adjacent lots-one at
3520 Hillcrest Road and the other at 3522 Hillcrest Road from R-1 Single-Family
Residential District to R-3 Moderate Density Multi-Family Residential District. Currently,
there is a four-plex on each lot with one single-car garage per unit and substandard
parking behind the garage. The request represents an expansion of the R-3 district.
Based on an inquiry from the applicant regarding refinancing the property, it was
determined that these four-plexes were developed when the property was zoned R-1.
This means that each of the four-plexes are not legally nonconforming and do not enjoy
grandfather status. The applicants are attempting to rezone the properties to correct
this situation.
The subjects building were constructed in 1970 and have undergone few changes.
Rezoning this property will have little impact on the status quo as the lots are currently
fully developed and additional units could not be placed on these lots because of the
lack of lot area and required parking.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Section 6-1.1 regarding reclassification of property.
Prepared by: ~ ~~~i~..d.,-~eviewed: ~ Date: ~• Z4•o~
F:\USERSUtmunson\WP\Boards-Commissions17AC1Staff ReportsVAC Staff Reports 20093520_3522 Hillcrest Road Rezoning
01 _27_09.doc
SUCTION 3. DISTRICT REGULA'T'IONS
3.1. Residential Districts:
3-1.4. R-3 Moderate Density Multi-Family Residential District:
(A) General Purpose And Description: The R-3 district is intended to provide residential areas of
moderate density developments which may include a variety of dwelling types ranging from
single-family to low rise multi-family dwellings.
(B) Principal Permitted Uses: The following uses shall be permitted in the R-3 district:
(1) Single-family detached dwellings- [11].
(2) Two-family dwelling (duplex)-[11].
(3) Multi-family dwelling (maximum 6 dwelling units)-[9].
(4) Townhouses (maximum 6 dwelling units)-[11].
(5) Churches, convents, and monasteries-[5].
(6) Cemeteries, mausoleums, columbariums-[47].
(7) Public and private/parochial schools approved by Iowa state board of public instruction.
(8) Public or private parks, golf courses, or similar natural recreation areas- [47].
(9) Railroads and public or quasi-public utilities including substations-[47].
(10) Noncommercial nurseries and gardens-[n/a].
[ ]Parking group-See section 4-2 of this ordinance.
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4}Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7} Storage buildings.
(8) Readily movable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional Uses: The following conditional uses are permitted in the R-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Individual zero lot line detached dwellings, provided that:
(a) The adjoining property owner, on the zero lot line side, agrees to the property line
location and to providing a five foot (5') maintenance easement prior to board review;
and
(b) The roof overhang shall not extend across the property line; and
(c) A minimum of six feet (6') can be maintained between homes and other structures.
(2) Group homes, provided that:
(a) Not less than six hundred fifty (650) square feet of lot area be provided per resident;
(b) The parking group requirements can be met-[4];
(c) Signs shall not be permitted except for nameplates.
(3) Bed and breakfast home, provided that:
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b} The property has a full time resident owner or resident manager;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of nine (9) sleeping rooms;
(d) Signage shall be limited to one wall mounted, projecting sign with not more than a
forty inch (40") projection, or freestanding sign, per street frontage not to exceed six (6)
square feet in area, not internally illuminated, and with direct lighting only with sharp
cutoff luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(4) Hospice, provided that:
(a) The parking group requirements can be met-[2];
(b) Signs shall not be permitted.
(5) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets, or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision; and
(e) Signage shall be limited to one (1) nonilluminated, wall-mounted sign not to exceed
four (4) square feet in area.
(6) Roominglboarding houses, maximum ten (10) roomers, provided that;
(a) The parking group requirements can be met-[4];
(b) The owner or manager of said use shall maintain a permanent residence on site.
(7) Nursing or convalescent home, provided that:
(a) The minimum lot size for such use shall be forty thousand (40,000) square feet;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained; and
(c) The parking group requirements can be met-[2];
(8) Housing for the elderly and persons with disabilities, provided that:
(a) The parking group requirements can be met-[3].
(9) Mortuaries and funeral homes, provided that:
(a) A minimum lot size of twenty thousand (20,000) square feet shall be provided;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained;
(c) The forty (40) percent maximum lot coverage shall not be exceeded;
(d) A site plan shall be provided showing the proposed layout of the buildings, parking
area, drive aisles, and required screening and landscaping according to the site plan
provisions of section 4-4 of this ordinance;
(e) The parking group requirements can be met-[12].
(10) Off=street parking of operable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-1 District), institutional or industrial district, provided
that:
(a) No structure other than a screening or security fence or wall shall be erected on the
premises;
(b) Signage shall be limited to one (1) freestanding sign of no more than six (6) square
feet in size per drive opening, identifying the parking use, providing directions or
marking entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in Section 4 of this
ordinance.
(11)Off-premise residential garage, provided that:
(a) It is incidental and subordinate to a permitted residential use and located on a lot
within three hundred (300) feet of the residential use it serves;
(b) It is owned and maintained by the property owner within three hundred (300) feet of
the residential use it serves;
(c) Such use shall be designed, constructed and maintained in harmony with the
residential setting in which it is located;
(d) No such use shall exceed seven hundred and twenty (720) square feet of floor area per
dwelling unit and a height of fifteen (15) feet;
(e) No commercial storage, sales or home occupations shall be permitted within such
structure;
(f) No outside storage shall be permitted in conjunction with such use;
(g) A site plan shall be submitted as provided for in section 4-4 of this ordinance.
[] Parking group-See section 4-2 of this ordinance.
(E) Temporary uses: The following uses shall be permitted as temporary uses in the R-3 District:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has
been approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
R-3 DISTRICT Feet Frontage As % Side Yard Setback Height In
BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth Feet
Permitted Uses
Single-family residential 5 50 40 20 50 4 20 30
Two-family residential 5 50 40 20 50 4 20 30
Multi-family residential
(maximum 6 DU) 3.2/DU 50 40 20 4 20 30
Townhouse
(maximum 6 DU) 2.5/DU 16/DU 40 20 4/0 20 30
Church 20 100 40 20 20 20 20
(see section 2-5.10)
Conditional Uses
Individual zero lot line 5 50 40 20 50 10/0 20 30
Group home 5 50 40 20 4 20 30
Hospice 5 50 40 20 4 20 30
Rooming boarding house 5 50 40 20 4 20 30
Nursing home 20 100 40 20 20 20 30
Mortuary, funeral home 20 100 40 20 20 20 30
Off-premises
residential garage 20 100 40 20 20 20 30
(G)Parking requirements. See section 4-2 of this ordinance.
(H) Signs. See section 4-3 of this ordinance.