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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