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Zoning 1320 N Locust, Kopczyk APlanning Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org January 14,2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Alfred Kopczyk Location: 1320 N. Locust Description: To rezone property from C-4c Downtown Commercial District, with conditions, to OC Office Commercial 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, stating he wanted to rezone property to allow him to use the property as a single-family home. Staff reviewed surrounding land use and zoning, and the history of previous rezoning requests for the property at 1320 N. Locust. The Zoning Advisory Commission discussed the request, noting that the proposed zoning is less intense than current zoning, and the rezoning will not adversely impact adjacent property. Recommendation By a vote of 4 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, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Service People Integ~ty Responsibility- lrmovaffon Teamwork GO CVadance D Conditional Use Permit [] Spedal Exception D Limited Setback Waiver PLANNING APPLICATION FORM ~ng [] Planned District [] Preliminary Plat C Minor Final Plat [] Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major S~te Plan [] Major Final Plat D Simple Subdivision Qb/of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Annexation D Temporary Use Permit [] Certificate of Economic Non-Viability [] Certificate of Appsopfiateness Please tvDe or print leaiblv in ink Address: ~1~ ~. P~Z~U /~ aw: Fax Number: Phone: ~'/~'- ~ 8 Z-~777 /~,c./~l~w/tV State: /c Zip: gooS-O Mobile/Cellular Number: gl~-- ~?~Z.-O 77 ~ Phone: Address: ab/: State: ~p: Fax Number: Site location/address: Mobile/Cellular Number: Existing zoning: C-k/C- Proposed zoning: ~'"' Historic District:'.~J~.~. ~J~J~mark: ~o Legal Description (Sidwell parcel ID# or lot number/block numberJsubdivision): /i~. 7_,-/ . ~ i e. OO ~-- Property owner(s): , Applicant/Agent: Totalproperb/(Iot)area(squarefeetoracres): ~--~0'Z'~ jl~/ = 5~.~.~ ~L~'- Describe proposal and reason necessary (attach a letter of axplar~don, if needed): $E£ CERTiFiCATION: [/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to gqe 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. J Date: Date: FOR OFF/CE USE ONLY - APPLTCAT~ON SUBMITTAL CHECKLTST [] Site/sketch plan ~ Conceptual Development Plan [] Improvement plans [] Design review project description Date:/-)-/O/O.~--- Decket: [3Photo ~ Plat rn Roor plan [] Other: Rezoning from C-4-C down to O-C Location: 1320 Locust Street Dubuque City - Jackson Park Historic Preservation District- Property Owner: Alfred P. Kopczyk P.E. Occupation: Senior Project Engineer - Alliant Energy, 1000 Main Street Dubuque IA. Reason for rezoning: Previous owner Loren Kringle had property rezoned to C-4-C in 1996 to operate a business and restricted living quarters to be above the first floor. Alfred P. Kopczyk purchased the property on November 18, 2002 and intends to use the property as his residence with use of the first floor as living quarters. The O-C zoning classification is desired to maintain added property resale value if sold in the future. Property Description: The south 1/5 of City Lot 476, and to the centerline of the adjoining public right - of- way, all in the City of Dubuque, Iowa. Applicant: Alfred Kopczyk Location: 1320 N. Locust Description: To rezone property from C-4c Downtown Commercial District, with conditions, to OC Office Commercial District. REZONING STAFF REPORT Zoning Agenda: January 8, 2003 Property Address:1320 Locust Property Owner:Alfred P. Kopczyk Applicant:Alfred P. Kopczyk Proposed Land Use: Residential Proposed Zoning: OC Existing Land Use: OfficeNacant Existing Zoning: C-4 Adjacent Land Use: North- Office/ East - Residential South - Office/Residential West - Institutional (Boys Club) Adjacent Zoning: North -OR East -OR South ~-OR/C-4 West-OR Former Zoning: 1934 - Multi-Family 1975 - OR-1 1985-OR Total Area: 5.750 sq. ft. Property History: The structure was built as a single-family residence in 1891. The structure served as a single or multi-family residence until the early 1990s, when it was rezoned from OR Office Residential to OC Office Commercial to accommodate a bed & breakfast and antique shop. The bed & breakfast was never developed, and the property was rezoned back to OR in 1995. The property was rezoned to C-4 with conditions in 1996. The conditions limited the permitted uses allowed in a C-4 District. The property owner intended to open the building as a holistic health center. The property has been vacant for the last several years. Physical Characteristics: The subject property is a corner lot located at the intersection of Locust and 13t~ Streets. The subject lot is approximately 51 feet by 114 feet with a two and a half story single-family structure on it. There is a two-stall garage and three paved parking spaces accessible from the alley. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendation for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The IDOT 1997 average annual daily traffic counts indicate 5,200 vehicle trips per day on Locust Stree(just north of the subject property. Locust Street is one-way north in front of the subject property. Public Services: Existing public services are adequate to serve the site. REZONING STAFF REPORT Page 2 Environment: Staff does not anticipate any adverse impact to the environment. Adjacent Properties: The amount of activity generated by a fully developed OC property should not differ from the kind of uses permitted in the current conditioned C-4 district. The property's ability to be developed is limited by existing off-street parking. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone the existing residence at the corner of 13th and Locust Streets from C-4 with conditions to OC Office Commercial. The property is primarily surrounded by OR zoning with a C-4 district at the southeast corner. There is an office/apartment directly north of the property, the Boys Club west of the subject property, single-family residence to the east of the property and offices (former Key City Bank) and a residence to the south of the subject property. The current C-4c district allows residential uses above the first floor only. Non- commercial art galleries, museums, schools of private instruction, private clubs, general offices, medical offices, personal services, barbedbeauty shop, retail sales/service, indoor restaurants and indoor recreation facilities are all permitted under the existing C- 4c district. The OC District allows residential use throughout the entire structure and a host of Iow intensity retail uses: The site's development is limited by the amount of off-street parking available. The applicant stated his intention is to maintain the building as a single-family residence but to keep the option to sell the structure to be used for any of the uses permitted in an OC District. Staff recommends the Commission review Section 6-1.1 of the Zoning Ordinance regarding the criteria for granting a rezoning. Prepared by: Reviewed: Date: Prepared by: Laura C'arstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. 2-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1320 LOCUST STREET FROM C-4 DOWNTOWN COMMERCIAL DISTRICT, WITH CONDITIONS, TO OC OFFFICE COMMERCIAL 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 C-4 Downtown Commercial District, with conditions, to OC Office Commercial District to wit: South one-fifth of City Lot 476 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 20th day of Januar.y 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk