Zoning 296 N Grandview HeckmanPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 7DD
planning@cityo f dubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: James Heckmann/Tim & Malin Boge
Location: 296 N. Grandview Avenue
Description:To rezone property from R-1 Single-Family Residential District to OR Office
Residential District.
January 14,2003
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, reviewing photos of the site, surrounding land uses,
available on and off-street parking, levels of vehicle trips on adjacent street system and history
of the property.
Staff reviewed surrounding zoning and land use and the list of permitted uses in the OR district.
There were several public comments regarding the requested rezoning. Neighbors principally
were concerned about the impact of the zoning change on surrounding property values, traffic
volumes and encroachment of commercial uses on the residential neighborhood.
The Zoning Advisory Commission discussed the request, noting that the property is unique in
that both 3rd Street and North Grandview are very heavily traveled streets that make the selling
of the property difficult; however, 3rd Street has served as the boundary between non-residential
and residential uses along Nodh Grandview, and there is not a compelling reason to change the
zoning at this time.
Recommendatton
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council deny
the request.
A simple majority vote is needed for the City Council to deny the request. A super majority vote
is needed for the City Council to approve the request.
Respecffully submitted,
Zoning Advisory Commission
Service People Integrity Responsibility J1ulovation Teamwork
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 3'19-589-4149
[] Vadance
r~ Conditional Use Permit
o Appeal
r~ Special Exception
r~ Limited Setback Waiver
PLANNING APPLICATION FORM
~ Rezoning
r~ Planned District
[] Preliminary Plat
[3 Minor Final Plat
[] Text Amendment
[3 Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
r~ Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[3 Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Prope~yOwneKs): Tim and Malin Bo~e
Address: 296 S. Grandview
Fax NumbeF
Applicant/Agent: James M. Heckmann
City: Dubuque
Mobile/Cellular Number:
Address: 1660 Embassy West Drive City: Dubuque
Suite 175
Fax Number: (563) 589-7005 Mobile/Cellular Number.
Sitelocation/address: 296 ~, Grandview
Phone:
State: IA Zip:5200 !
Phone: 589-7000
State: IA Zio: 52002
Existing zoning: R 1 Proposed zoning: OR Historic district:. No
Legal description (Sidwell Parcel ID number or tot number/block number/subdivision):
Landmark: No
Total property (lot) area (square feet or acres): Number of lots: ent i re parce 1
Describe proposal and reason necessary (attach a letter of explanation, if needed):
See Attached
CERTIFICATION: I/we, the undersigned, do hereby certJf7 that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record:
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent
Date:
Date:
FOR OFFICE USE ONL~ - APPL~ATION SUBMITTAL CHECKLIST
Fee:'J~.~'O.c>t) Received by: ~/~/~, ~ Date:_~/~_~ Docket:
[] Property ownership list [3 Site/sketch plan /~;~cor plan [] Plat a Conceptual development plan
[] Improvement plans [] Design review project description [3 Photo :3 Other.
SUPPLEMENTAL INFORMATION FOR REZONING APPLICATION PERTAINING
TO 296 SOUTH GRANDVIEW.
Applicant is the purchaser of the subject property under a purchase agreement
containing a contingency that the property be rezoned to permit a law office.
The subject property, 296 South Grandview, is currently zoned R1. It is situated
at the southeast corner of South Grandview and West 3rd Street. The north half of the
property is currently occupied by a two-story, four-bedroom brick home built in 1916 that
faces South Grandview. The south half of the property is a landscaped lot surrounded on
three sides by tall hedges. To the south of the subject property along South Grandview
and across the street on South Grandview are residential uses. To the east of and behind
the property along West 3rd Street are residential uses. Directly across from the subject
property and continu'mg east on West 3rd Street are commercial uses consisting of
medical offices, a parking ramp, and behind those structures Finley Hospital and Siegert
Funeral Home.
Applicant proposes to use the property as a law office. The layout of the structure
is particularly conducive to this use. Support staff'and client conference rooms would be
situated on the ground floor. There is a half bath on the ground floor. Individual attorney
offices would be situated on the second floor in what are now bedrooms. The second
floor has two full baths. The basement, if used, would be limited to storage. Excluding
baths, stairwell, basement, and kitchen, the business use will comprise approximately
1800 square feet. The structure is in good condition, both inside and out, and no structural
changes are necessary or anticipated.
There is a single-car garage under the original structure. In addition, there is a
two-car detached garage immediately behind the structure. In front of the garages is
parking for three automobiles, making a total of 6 parking spaces on-premise. Access to
parking is by way ora driveway exiting onto West 3rd Street. Anticipated usage would
require only four parking places. Because of the nature of Applicant's law practice, the
need for parking for clients is occasional only and can be accommodated on-site on the
exisfmg driveway, or curbside along South Grandview and West 3rd Street.
Applicant's !aw firm presently employs two attorneys, one full-time staff person,
and one part-time staffperson, for a total of four employees. There are no plans at this
time to increase employment levels. The maximum number of attorneys who could be
accommodated in the structure is four. Normally, three staffpeople would support four
attorneys. If additional parking were ever needed, it could be created on-site by razing
the detached garage, which would permit angled parking for up to four automob'fles on
virtually the same footprint as the detached garage. If more space is needed, the rear of
the landscaped lot would be available to extend a parking apron along the rear of the lot.
The current structure has a rich history, having once hosted Senator John F.
Kennedy for an overnight visit and having served as the University of Dubuque
Page 1 of I
President's residence. It is a fine example of Georgian colonial architecture. Because of
traffic levels at the intersection of South Grandview and West 3rd Street, it is no longer
conducive to single-family use, particularly by families with young children. The house
has been on the market since February, 2002 as a single-family home and has not sold.
Using the structure as a law office with OR zoning classification would permit a low
intensity use not much greater than single-family use and would preserve the condition
and appearance of both the structure and the surrounding area. Additionally, OR zoning
would permit the home to be returned to single-family use in the future if continued use
as a law office might cease for any reason.
Applicant has not yet reviewed the abstract for the property. Therefore, it is not
possible at this time to provide a legal description. Nor does the applicant know whether
the entire parcel is comprised of one lot or two. Applicant seeks rezoning for the entire
parcel, including the landscaped lot to the south of the structure.
Enclosures:
Multiple Listing data sheet
7 printed photos
CDROM with photo files of property
Page 2 of 2
Type: SINGLE FAMILY For Sale
Addr~. 296 N Grandview
City:. Dubuque B~)ROOM: FOUR
ZI~: 52001 BATH AREA~ THREE
Area: DUBUQUE - CITY GAR C.A~: THREE
Agent: Ruderu Carol - (563)8758261; Remax Advantage- (563)588-3078
GAR TYPE: DETAC
Asking Fricm $249,900
COMMI~BA: 225
COMMJS-VARIABL~ N
LOT/YR-LOT SIZEk C. ALL OFFICE
LOT/YR-YR BLrILT: 1916
Listing Dat~ 02/06/2002
PARCEL/LEGALI: CALL OFFICE
ZONINGz R1
pEN/DAYS-PENDING: n
pEN/DAYS-DAYS RELc 0
EST b~q SQ F-SF UPPR: 1488
EST FIN SQ F-SF MA1N: 1608
TOTAL ABV GRND SQFT: 3096
YRPUR(2qdk: 2000
AVGHEAT: 92
TA,~S: 3326
LIVING RM-SIZE: 25X15
LIVING PM-LEVEL: 1
FAMILY PM UP-SIZE: 20Xll
FAMILY PM UP-LEVEL: 2
FAMILY RM DOWN-b~/~vz 20Xll
FAMILy PM DOWN-LEVEL: 1
DINING PM-SIZE: 15X14
DINING PM-LEVEL: I
Features
K1TCH/~-SIZEz 18X16
K1TCHEN-~ 1
MA~ 1 p,g BEDROOM-SLZFz 15Xll
MA~i-~ BEDROOM-LEVELz 2
BEDROOM2-SIZEz 14Xll
BEDROOM2-LEVEIz 2
BEDROOM~tZE2 14X10
BEDROOM3-LEVEL; 2
BEDROOM4-SIZ~ 12X10
BEDROOM4-LEVELc 2
LAUNDRY-SIZEz 16Xll
BEDROOMS-UPPEPc 4
BI,ROOMS-MAIN: 0
BEDROOIvIS-DOWN: 0
BATftS-LrPPER: 2
BATf-~-MAIN: 1
BATHS-DOWN: 0
KEY/L-KEY: Y
KEY/bLOCK BOm Y
OWNER NMz BOGE, MALIN&TIM
OWNER PH: 557-9007
* STYLE * COOLING * EXTERIOR
2 STORY CENTRAL AIR PATIO
* SIDING * WATER PORCH
BRICK pLrBLIC * FIREPLACE
* SIDING COLOR * SEWER YES
- RED PUBLIC * FIREPLACE LOC
* ROOF * BA~'EMENT LiVING ROOM
TILE FULL * GRADE SCiuIOOLE,
* HEAT TYPE * FOUNDATION LINCOLN
HOT WATER POUR * pR HIGH SCHOOI~
* FLrI~ TYPE ROCK WS~qGTN JR HIGH
GAS * APPLIANCES * SR HIGH SCHOOLS
KANUE/OVEN DUBUQUE SR HIGH
D/SHW~
DISPOSAL
* POSSESSION
AGREED
*TERMS
CASH
* WIND TRTMT STAY
NO
F~ancial
FINREIVlkR: CASH/CONV
Remarks
QUAL~tt~ BUYERS ONLY. HISTORIC ~R~ ~ ~Y ~OVA 1 ~D ~ ~.CO~ ~ON W/OP~
~,~W~D ~. ~O FO~ ~NS ~. D~C FO~ D~ ~ P~A~ ~ W/~.
Add~d~
~C ~O~ m A~ofold&~. ~of~old~h~w/~ofa~. ~t~y~m~2~. ~B~
3 B~ 3 ~ ~ ~g ho~. ~ ~w~ fl~m, ~ ~ ~o ~ ~, ~fic ~ ~ ~va~ pt~ ~ 1~
doyle lot w/~ ~L $249,~. ~1Rud~ ~.
Ad~fi~ ~
11/23/2002 01:19 PM 1
Proposed Area to be Rezoned
Applicant: James Heckmann/
Tim & Malin Boge
Location: 296 N. Grandview
Avenue
Description: To rezone property
from R-1 Single-Family
Residential District to OR
Office Residential District.
REZONING STAFF REPORT Zoning Agenda: January 8, 2002
Property Address: 296 N. Grandview Avenue
Property Owner: Tim and Malin Boge
Applicant:James Heckman
Proposed Land Use: Office
Proposed Zoning: OR
Existing Land Use: Residential
Existing Zoning: R-1
Adjacent Land Use:
North -Institutional/Office
East - Residential
South - Residential
West- Residential
Adjacent Zoning: North - ID/OR
East - R-1
South - R-1
West- R-1
Former Zoning:
1934 - SF; 1975-R-2; 1985 - R-1
Total Area: 16,500 sq. ft.
Property History: A single-family home was built on the subject property in 1916. The
house has served as a single-family residence, and more recently, a residence for the
president of the University of Dubuque.
Physical Characteristics: The subject parcel consists of two lots that total approximately
16,500 square feet. The subject parcel slopes from its high point at the corner of
Grandview Avenue and West 3rd Street gradually to the southeast with an approximate
10-foot grade change between the high and Iow points. Access to parking for the
parcel is taken from West 3rd Street. There are two single-family residences in close
proximity to the south and east property lines of the subject property.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. The proposed office and
residential uses should not generate additional demand on utilities.
Traffic Patterns/Counts: The IDOT 1997 annual average daily traffic counts
indicate 16,100 vehicle trips per day on Grandview Avenue just north of its
intersection with West 3rd Street, 12,200 vehicle trips per day on Grandview
Avenue just south of its intersection with West 3~d Street and 6,600 vehicle trips per
day on West 3rd Street adjacent to the subject proper~y.
Public Services: Existing public services are adequate to serve the site.
REZONING STAFF REPORT Page 2
Environment: Staff does not anticipate that conversion of this property to any of
the permitted uses in an OR District will have an adverse impact to the
environment.
Adjacent Properties: Office use may generate an increase in the amount of noise
and activity typical of a single-family home. Screening of the parking area should
help mitigate these impacts.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 16,500 square
foot parcel consisting of two lots from R-1 Single-Family Residential to OR Office
Residential District. The property is located on a corner lot at the intersection of North
Grandview Avenue and West 3rd Street. This intersection is very busy, especially
during peak periods of the day. The applicant intends to convert the existing single-
family home to a four-person office.
The two-story home has a footprint of 1800 square feet with a single-car garage at the
basement level. There is a 640 square foot detached two-car garage in the rear yard
and both garages are accessed from a driveway off of West 3ra Street approximately 75
feet from the intersection of Grandview Avenue. There is an 8,600 square foot vacant
lot south of the subject residence that is part of the subject property. There are two
single-family residences adjacent to the subject property, one with frontage on West 3rd
Street; and the other with frontage on Grandview Avenue. The closest residence is
approximately 40 feet away from the subject residence. There is adequate parking
available for a four-person office. The vacant lot to the south could accommodate
additional parking.
Staff recommends the Commission review Section 611.1 of the Zoning Ordinance
regarding the criteria for granting a rezoning.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th st.. city Hall Telephone: 589-4210
ORDINANCENO.
-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 296 NORTH
GRANDVIEW AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
TO OR OFFICE/HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED 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 hereby amended by reclassifying the hereinafter-described
property from R-1 Single-Family Residential District to OR Office/High Density Multi-
Family Residential District, to wit:
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 and Lot 2 of Lot 2 of Lot 1 of Lot 2 of
C. Boxleiter's Subdivision, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The 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
day of
2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
REZONING REQUEST
296 NORTH GRANDVIEW
R-1 to OR
HECKMANN/BOGE
SUBMITTED BY Carol Ruden
RE/MAX ADVANTAGE
Carol Ruden
4029 Pennsylvania Ave.
Dubuque Iowa 52002
563-580-0509
Listing Realtor
Zoning Request
296 North Grandview
From R-1 to OR
This property has been listed with RE/MAX Advantage Realty (1 year) since
February of 2002. I have had well over 1000 people go through this home at open
houses. When I ask for the buyer comments, I receive the same remarks over and
over. This is an absolutely beautiful home. I cannot believe it has not sold. They
feel the price is fair and not too high.
When I ask for their buyer objections I am told the street is way too busy.
There is too much traffic! It's too noisy,v There is not just one street, Grandview
Ave., but two, West 3rd, also. There are 16,000 cars a day on Grandview Ave. to the
north of the West 3rd intersection & 12,200 to the south of the West 3rd intersection.
West 3rd on its own, has additional 6,600 vehicles.
There is no privacy on this corner lot whatsoever. Not only are there ears,
busses, ambulances, and fire trucks going by regularly, but there is excessive foot
trafflc. There is a constant stream of people jogging, walking, roller-blading,
walking their pets, strolling children, not to mention the Washington Junior High
School students coming and going. They have taken to loitering on and around this
vacant house. All of this takes away from any privacy a family might hope to have.
Because of the location, my interested buyers have been a gift shop, flower
shop, and a bed & breakfast because of the historical significance from when owner
Senator Edward McDermott lived there and entertained his high-rolling guests. All
three of the Kennedy brothers have been overnight guests in the SE bedroom, as
well as Franklin D. Roosevelt.
A lot of my open house groups were people who were coming back to see the
house as they had been guests for parties when the University of Dubuque owned it
and used it to entertain. They were surprised that a family had lived there a year
and thought that the UD still owned it.
The neighbors have acknowledged that this is a busy and noisy street. This
property, because of its location, has evolved out of R1. Zoned OR this is a perfect
buffer for the few remaining single family homes on the north side of Dodge St.. We
Realtors have long known that the immediate area north of Dodge St. is no longer
considered a highly desirable area to live in because of the high traffic.
I do not feel that the zoning change would have a negative impact on any of
the homes in this area. I do feel that the location has impacted this R1 single family
in a very negative way. This property could become a desirable compliment to the
neighborhood if it could be occupied by commercial owners who have a sincere
interest in maintaining its social responsibility. I believe Mr. Heckman is that
person.
Thank You
Sincerely
Carol Ruden
After a long, long wait got a photo with no cars in it!
View from the Property
Side yard- Looking north on Grandview
Side yard- Looking east on to W. 3rd
"this is not R1 view"
Traffic
Washington Students
W. 3rd Traffic
Lots of Traffic
Grandview Between W. 3rd and Delhi
Parked cars
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that
the Dubuque City Council will
conduct a public hearing at a
meeting to commence at 6:30
P.M. on January' 20, 2003, in
the Public Library Auditorium,
360 West 11th Street, to
consider amending Appendix
A (the Zoning Ordinance) of
the City of Dubuque Code of
Ordinances by rezoning here-
inafter described property
located at 296 North Grand-
view Avenue from R-1 Single
Family Residential District to
OR Office Residential District.
at the request of James
Heckmann and Time & Malin
Boge. (Copy of supporting
documents are on file in the
City Clerk's Office and may be
viewed during normal working
hours.)
Written comments regarding
above reclassification may be
submitted to the City Clerk's
Office on or before said time
of public hearing.
At. said time and place of
public hearing all interested
citizens and parties will be
given an opportunity to be
heard for or against said
reclassification. Any visual or hearing im-
paired person needing special
assistance or persons with
special accessibility needs
should contact the City
Clerk's Office at (563) 589-
4120 or TDD (563) 690-6678
at least 48 hours prior to the
meeting.
/s/ Jeanne F. Schneider, CMC
City Clerk
11 c 2 3
y-1 Fu l •kd
(Ciut —6 (c-oc- a ler
ft.eWe 1,11A)014-+y vG
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 11, 2003, and for which the charge is $12.79.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / day of � , 20 D,.;
Not. Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005