Plat W 5th, 461-495Prepared by: Laura Camtens~ City Planner Address: Ci~ Hall. 50 W. 13~" St. Dubuaue. IA Telephone: 589-42'10
RESOLUTION NO. 1-00
RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 AND 2 OF AL MILLER PLACE
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Lots 1 and 2 of Al Miller
Place in the City of Dubuque, Iowa; and
Whereas, said plat provides Lot 1 with 4.92 feet of frontage and 685 square feet of lot area,
and Lot 2 with 45.08 feet of frontage and 4,765 square feet of lot area, where 50 feet of lot frontage
and 5,000 square feet of lot area is required by Section 42-19(b) of the Subdivision Regulations; and
Whereas, said survey plat has been examined by the Zoning Advisory Commission and had
its approval endorsed thereon; and
Whereas, said survey plat has been examined by the City Council and they find that
conforms to the statutes and ordinances relating thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 to
have 4.92 feet of frontage and 885 square feet of lot area and Lot 2 to have 45.098 feet of frontage
and 4,765 square feet of lot area where 50 feet of lot frontage and 5, 000 square feet of lot area is
required.
Section 2. That the survey plat of Lots 1 and 2 of Al Miller Place 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 subdivision plat.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
Passed, approved and adopted this 17th day of January,2000.
Planning Services Division
City Hall, 13th & Central Avenue
Dubuque. Iowa 52001
(319) 559-42 I0
CITY OF DUBUC4'I
PLANNING APPLICATION"-FORM
Zoning Board of Adjustment
__ Variance
__ Conditional Use Permit
__ Appeal
__ Special Exception
-- Umited Setback Waiver
Zoning Commission
Rezoning
Planned Distdct
Preliminary Plat
Minor Final Plat
Text/Plan Amendment
Development Services
__ Simple Site Plan
__ Minor Site Plan
__ Major Site Plan
__ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Proper~y Owner(s): ~../..,z~j _~/~" iAf¢.~'/~(.//z~, ,~ /1~',¢_Z _,~',4~ Telephone:
Address:
Applicant/Agent:
Address:
Site Location/Address:
City: ./-~;r~4./¢¢ State: /~z3. Zip:~.¢'O_.~,/
Telephone:
City: State: Zip:
Existing Zoning: ~-2.--- Proposed Zoning: ~
Legal Description (metes and bounds, or lot number/block number/subdivision):
Total Prope~ (to8 Area (Sq. Feet or Acres): Number of lots:
Describe proposal and reason nece~aw (a~ach le~er of explon~ion ~ needed):
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1) The information submiffed herein is true and correct to the best of my/our knowledge and
upon submiffal becomes a public record;
2) Fees are not refundable and payment does not guarantee approval; and
3) Alt addition¢8, required wdften and graphic matedds are at[ached.
Property Owner(s): (/~k,~'%~~" Date: ~/~E/¢¢:~
Applicant/Agent: Date:
FOR OFFICE US~_~I~-I,/~PPLICATION SUBMITr~,L CHECKLIST
Fee:~j. Received t:~ /~--1,,~_ Date: ~f! /,~ Docket
Property Ownership List: "' ~ Plan: -- Floor Plan: Plat:
Conceptual Development Plan: V Improvement Plans: i Other:
Service People Integrity Responsibility Innovation Teamwork
May 25, 1999
Mark Noble
Planning Services Office
Second Floor, City Hall
50 W. 13~ St.
Dubuque, IA 52001
Dear Mr. Noble:
We propose to replot lot #12 for the following reason. The high stone wail separating lot
#11 on the west from lot #12 was constructed, according to recent survey, 4.4 feet east at the
south end (at 5~ Street), 6 feet east at the center portion and varying as much as 17.4 feet.at the
north end, all east of the actual boundary between lots #11 and #t2.
The patio constructed west of the top of the wall on the part of lot #11 and containing
shrubs, a huge tree and a 100+ year old structure, once used as a summer kitchen all lie, in the
main, on lot #12.
If this strip remains in limbo, owned by one party but used by another, neither the owners
of 495 nor the owners of 461 W 5~ Street, will ever be able to sell our properties, the legal
problems will be prohibitive.
Sincerely,
CITY OF DUBUQUE, IOWA
HEHORANDUH
December 27, 1999
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner
Plat of Survey of Lots 1 and 2 of Al Miller Place
INTRODUCTION
The submitted plat of survey of Lots 1 and 2 of Al Miller Place is being submitted to the
Zoning Advisory Commission as the subject lots are deficient in lot frontage and lot area
requirements. The subject property is located at 461 W. 5th Street.
DISCUSSION
The applicant, Al Miller, is requesting approval of a plat of survey to subdivide his
existing lot into two parcels. The purpose for splitting the lot is to sell Lot 1 to the
adjacent property owner to the east so that a retaining wall will be located on that
owner's property and be their responsibility for maintenance. No additional housing
units will be constructed as a result of this lot split.
The subject property is zoned R-2 Two-Family Residential, which requires a minimum
of 5,000 square feet of lot area and 50 feet of lot frontage. Neither of the two lots
created will comply with those standards, thus, the applicant is requesting the Zoning
Advisory Commission to waive those requirements.
RECOMMENDATION
Staff recommend that the submitted plat of survey be approved as the proposed lot split
will provide for the continued maintenance of a large retaining wall and will not result in
the construction of any additional units on either of the two substandard lots.
KK/mkr
Attachments
F:\USERS'~vl ELINDA\WP~ZAC~ALMILLER.MEM
Planning Sconces Deparl~ent
50 West 13th Street
Dubuque, Iowa 52001~64
(319) 559A210
(319) 5894149 FAX
January 11,2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Plat of Survey of Lot 1 and Lot 2 of All Miller
Applicant:
Location:
Description:
Albert & Sidney Miller
461 & 495 W. 5th Street
Plat of Survey to subdivide an existing lot into two new lots and requesting waiving
of lot frontage and lot area for both lots.
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
John Trammer, IIW Engineers and Surveyors, representing Albert and Sidney Miller, stated he
was available to answer any questions the Commission may have~ Staff reviewed that the plat
will ensure that a large retaining wall will be located on the adjacent property owner's property.
The Zoning Advisory Commission is being asked to waive the lot frontage and lot area
requirements for both lots.
The Zoning Advisory Commission discussed the request. They noted that the plat does not
create an additional building lot, but is necessary to ensure the continued maintenance of a large
retaining wall.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request, allowing Lot 1 to have 4.92 feet of lot frontage and 885 square feet of lot area, and
Lot 2 to have 45.098 feet of frontage and 4,765 square feet of lot area, where 50 feet of lot
frontage and 5,000 square feet of lot area is required.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted,
Zoning Advisory Commission
A~achments
Sea. ice People I~teg~ity Responsibility Innovation Teamwork
Sheet 2 of 3
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
South 113 feet of Lot 12 of Coriell's Dubuque in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platxing said real estate henceforth to be
known as Lot I and Lot 2 of Al Miller Place in the City of Dubuque, Iowa, containing 5650 square feet,
more or less, and subject to easements, reservations, restrictions, and rights-of-way of record and not of
record, the plat of which is attached hereto and mede a part of this certificate.
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 t am a duly licensed Land Surveyor under the laws of the
~"~. ,.,. .............. % .'%~ State of Iowa.
_: r _: Ls ,2~ _.: § ~ FOR I1W ENGINEERS AND SURVEYORS, P.C.
°.~...*..% ............. ,~.:..~.-- ~
...... ~ '"' John M/Tranmer' ~/ Date
License Number 12631
SEAL My license renewal date is December 3 I, 2000
Pages or sheets anvered by this seal: Surveyor's Certificata Only
OWNER'S CONSENT
,Iowa ~/Z./'~'J / ~ ,19~
The foregoing plat of Lot 1 and Lot 2 of A1 Miller Place in the City of Dubuque, Iowa, is made with the
flee consent and in accordance with the desires of the undersigned owners and proprietors of said real
estate.
State of Missouri )
) SS:
County of Gascon~de
On this 31st day of l~comboar , A.D. 19 9~,9 before me, a Notary Public in and for said
state, personally appeared Sidney A. & Aibez~ b~_llor
to me known to be the persons named in and who executed the foregoing instrument, and acknowledged
that they executed the same as their voinntmy act and deed.
NOTARY PUBLIC STATE OF M I~OURi Notary Public in the State ofli~aMS~souri
MYCOMMISSION EXP. NOV. 4,2(~0 My Commission Expires 11-4-2000
CITY COUNCIL /~
Dubuque, Iowa ~ /'] ,}~9/~_~,9
The unde~i~ed, Mayor ~d Cle~ of~e Ci~ of Dubuque, low~ do her~ eeffi~ ~a~e forgoing plat
in ~e CiW of Dub~ue, Iow~ as appe~ on Sheet 1 of~ her~f has b~n fil~ in ~e o~ee of~e Clerk
of ~e Ci~ of Dubuque, ~d ~at by ~lution No. /~ ~ ~e Dubuque Ci~ Co~eil approved
Te~ M. Du~
Mayor of~e Ci~ ~ubuque ~/
M~ A}~avis
Sheet 3 of 3
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
dayof , 19__.
I9__
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
dayof ,19__.
City Assessor of Dubuque, Iowa
CITY ZONING COMMISSION
Dubuque, Iowa ~ ~ ? ~' ,:~2eZ::~
The foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of hereof, is hereby approved
by the City of Dubuque Zoning Conuaission and approval of said plat by ~-e City Council of the City of
Dubuque, Iowa, is hereby recommended.
Clufi~an, Dubuque Zoning Commission
PLAT OF SURVEY
LOT 1 AND LOT 2 OF AL MILLER PLACE
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: SOUTH 113 FEET
OF LOT 12 IN CORIELL'S DUBUQUE
IN THE CITY OF DUBUQUE, IOWA
CORIELL'S
J
LEGEND
~[~gJA~20 PH3:58
N. OF LOT 12 ~'
\
73'
\,%
\J
LOT 11 .~'
\
DUBUQUE
\
\
LOT 1 = 885 SQ.FT.
LOT 2 = 4765 SQ.FT.
GRAPHIC SCALE
15 30 60
( iN FEET )
1 inch = 30 fL
LOT 13
LOT 2
BASE OF
ROCK WALL
DETAIL:
NO SCALE
I HEREBY CERTIFy THAT THE SURVEy WAS DONE AND T~IS ~=LA¥ WAS
MAOE Ely ME (AR UNDER My DIRECT PERSONAL SUPERVISION
PROPRIETOR: ALBERT & SIDNEY MILLER
~/~ilW ENG13IEERS &
SURVEYORS, }NC.
Sheet 2 of 3
SURVEYOR'SCERTIFICATE
I, John M. Tranmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision. To
Wit:
South 113 feet of Lot 12 of Coriell's Dubuque in the City of Dubuque, Iowa.
This survey was ~erformed for the purpose of subdividing and platting said real estate henceforth to be
known as Lot 1 and Lot 2 of Al Miller Place in the City of Dubuque, Iowa, containing 5650 square feet,
more or less, and 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.
hereby certify that this land surveying document was prepared and the
related survey work was performed by me or under my direct personal
..,,,'" x O. ~.~ '% supervision and that I am a duly licensed Land Surveyor under the laws of the
f,... .......... % .~%.. State of Iowa.
-~ ~ ,~a~ ~-'-: FOR IIW ENGINEERS AND SURVEYORS, P.C.
%~'-.. .... ~ ~.--'
'4:> ' ...... tz- 4 -
..... o ,,,, Jebn Nk/Tranmer' ~/ Date
License Number 12631
SEAL My license renewal date is December 31, 2000
Pages or sheets covered by this seal: Surveyor's Certificate Only
OWNER'S CONSENT
,Iowa l g,/~ j [~ ,19~
The foregoing plat of Lot 1 and Lot 2 of Al MiIIer Place in the City of Dubuque, Iowa, is made with the
free consent and in accordance with the desires of the undersigned owners and proprietors of said
estate.
State of Missouri )
) SS:
County of Gascon~de
On this 31st day of Decemk~r , A.D. 19~ before me, a Notary Public in m
state, personally appeared Sidney A. & Alber~ Nitler ..::
to me known to be the persons named in and who executed the foregoing instrument, an~
that they executed the same as their voluntary act and deed.
LAURIE FREDRICK Notary Public in the State o flt~aiqiss
NOTARY PUBLIC STATE OF MISSOURI
GASCONADE COUNTY '>'
MYCOMMIBBICN BXF NOV. 4,2C00 My Commission Expires 11-4-2000
CITY COUNCIL
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify tha~iS/the for~gning plat
in the City, qf Dub. uque, Iowa, as appears on Sheet 1 of J hereof has been filed in the office of thc
of the~ i~ of'Dllba~tU~, ,and that by Resolution No. /'~ ~ ep the Dubuque City Council apta'o~ed
Terrat~ee M. Duggan
Mayor of the City qlN)ubuque
Clerk of the City of Dubuque
Sheet 3 of 3
COUNTY AUDITOR
?
Dubuque, Iowa %~ ~ ,~ r~ .~, ~ dY
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day
of
County~Auditor Of Dubuque Couhty, Iowa
CITY ASSESSOR
Dubuque, Iowa / ~ ~90
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of /2~..~o~..~z. ~ , ~
City Assessor of Dubuque, Iowa
CITY ZONING COMMISSION
The foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of__ hereof, is hereby approved
by the City of Dubuque Zoning Commission and approval of said plat by the City Council of the City of
Dubuque, Iowa, is hereby recommended.
Cl---man, Dubuque Zoning Commission
City Clerk's Office
50 West 13th Street
Dubuque, Iowa 520ffi~864
Phone: (319) 589-4120
Fax: (319) 589-0890
January 31, 2000
Mr. Albert Miller
1227 Black Forest Drive
Hermann MO 65041
Dear Mr. Miller:
Enclosed please find the invoice for recording the final plat of Lots 1 and 2 of Al
Miller Place in the City of Dubuque. Upon receipt of your payment, I will forward
the original plat and a certified copy of Resolution No. 1-00 to you for your records.
If you have any questions, please contact me.
Sincerely,
Jeanne F. Schneider
City Clerk
Service People Integrity Responsibility Innovation Teamwork
CITY OF DUBUQUE, IOWA
CITY CLERK'S OFFICE
City Hall - 13th and Central
Dubuque, Iowa 52001
TO:
Albert Miller
1227 Black Forest Drive
Hermann MO 65041
January 31, 2000
Charges incurred for recording the Plat of Survey of Lots I and 2 of Al Miller Place
in the City of Dubuque, Iowa
Recording Plat of Survey and Resolution No. 1-00
$26.00
TOTAL AMOUNT DUE:
$26.00
PLEASE REMIT TO CITY CLERK'S OFFICE
(Make Check payable to Treasurer. City of Dubunue)
CITY OF DUBUQUE, IOWA
CITY CLERK'S OFFICE
City Hall - 13th and Central
Dubuque, Iowa 52001
TO:
Albert Miller
1227 Black Forest Drive
Hermann MO 65041
January 31, 2000
Charges incurred for recording the Plat of Survey of Lots I and 2 of Al Miller Place
in the City of Dubuque, Iowa
Recording Plat of Survey and Resolution No. 1-00
TOTAL AMOUNT DUE:
$26.00
$26.00
PLEASE REMIT TO CITY CLERK'S OFFICE
(Make Check payable to Treasurer, City of Dubuque.)
· Complete items 1, 2, and 3. Also complete
item 4 if Reet~icted Delivery is desired.
· Print,your name and addres~on the r~verse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
__/~'h the front f space permits.
Albert Niller
1227 Black Forest Drive
Hermann ~0 65041
A. Received by (Please P
C. Signature
I/~f_~f-~Ad dressee
D. Is derivery address differer~ f~o'm item I? [] Yes
rf YES, enter delivery address below: [] No
3. Service Type
~ Certffied Mail [] Express Mail
[] Registered ~/Return Receipt for Memhandise
[] Insured Mair [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number (Copy from service labe¢
Z 388 390 728
PS Form 38'~ 1, duly 1999 Domestic Return Receipt 102595-99-M-1789
2:/'I
,MM DD YY
Date
k Received of
Office of City Treasurer
City Hall, 50 West 13th Street
Dubuque, Iowa 52001-4864
SIDNEY /AW MILLER
R~Ce,.t No 1 2 2 7 4 1
Activity Object Description Amount
73100 54303 CEARGES INCURRED FOR RECORDING 26.00
TEE PLAT OF SURVEY OF LOTS 1 and 2 0
AL [~LLER PLACE IN THE CITY OF DUBUQ 3E, IOWA
P, ECORDI-~!G PLAT OF ~TT~7_~V ~Nn ~AR¥~mTOI~ ~O ]--~0
/
, ~~ CK$1787
~,,' ~ / ~ / Total
26~00