Zoning 296 N GrandviewPrepared by: Laura Carstens. City Planner Address: 50 W. 13th st., city Hall Telephone: 589-4210
ORDINANCE NO.
-O3
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
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-1864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityofdubuque.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 North Grandview, and there is not a compelling reason to change the
zoning at this time.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommendsthatthe City Council deny
the request.
A simple majority vote is needed for the City Council to deny the request. A super majodty vote
is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility hmovafion Teamwork
City of Dubuque
Planning Services Deeartment
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
[] Vadance '
[] Conditional Use Permit
r~ Appeal
m Special Exception
r~ Limited Setback Waiver
PLANNING APPLICATION FORM
[~ Rezoning
[] Planned Dis~ct
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
u Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other.
PLEASE TYPE OR PRINT LEGIBLY IN INK
Prope~yOwner(s): Tim and Malin Bo~e
Address: 296 S. Grandview
Fax Number:.
Applicant/Agent: James M. Heckmann
City: Dubuque
Mobile/Cellular Number.
Phone:
State: IA Zip:52001 __
Address: 1660 Embassy West Drive City: Dubuque
Suite 175
Fax Number:. ( 563 ) 589-7005 Mobile/Cellular Number:
Site location/address: 296 N, Grandview
State:
Existing zoning: R 1 Proposed zoning~ OR
Phone: 589-7000
IA Zip: 52002
Historic district No Landmark: No
Legal description (Sidweli Parcel ID number or tot number/block number/subdivision):
unknown
Total property(lot) area (square feet or acres): Number of lots: entire parcel
Describe proposal and reason necessary (attach a letter of explanation, if needed):
See Attached
CERTIFICATION: I/we, the undersigned, do hereby certify 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):
Date:
Date:
FOR OFFICE USE ONL~ ~ APPLJ~ATION SUBMITTAL CHECKLIST
Fee: "~'~.6'O.C:,t~ Received by: ~;?/~I~ Date: /~/~/~ ~_ Docket:
[] Property ownership list [] Site/sketch plan ~;~F'~oor plan [] Plat r, Conceptual development plan
[] Improvement plans [] Design review project description [] Photo $ 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 continuing 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 staffand client conference rooms would be
situated on the ground floor. There is a half hath 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
existing driveway, or curbside along South Grandview and West 3rd Street.
Applicant's law firm presently employs two attorneys, one full-time staff person,
and one part-time staff person, 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 automobiles 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 1
President's residence. It is a frae 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
~ #: 96322
SimOns: AC~
Type:. S1NGLE FAMILY
Address:. 296 N Grandview
City. Dubuque
A. re~ DUBUQUE -
Clas~ REEaDENWfAL
Pricec $249,900
For Sale
BEDROOM: FOUR
BATH AREA: THREE
GAR CAP: THREE
Ruden, Carol - (563)875-8261; Remax Advantage- (563)588-3078
GAR TYPE; DETAC
Asking Price: $249,900
COMMIS-BA: 2.25
COMMIS-VARIABLE N
LOT/YR-LOT SIZE; CALL OFFICE
Lcrr/YR-YR BUILT: 1916
Listing Date:. 02/06/2002
pARCEL/LEGALI: C. ALL OFFICE
ZONING: R1
PEN/DAYS-PENDING: n
PEN/DAYS-DAYS REL: 0
EST 1~,1SQ F-E~ UPPR: 1488
EST FTN SQ F-SF MAIN: 1608
YRPURCHA: 2000
AVGHEAT: 92
TAXES:. 3326
LIVING RM-StZE: 25X15
LIVING RM-LEVEL: 1
FAiv~LY RM UP,SIZE: 20Xll
FAMILY RM UP-LEVELc 2
FAMILY RM DOWN-SIZE: 20X/1
FAMILY RM DOWN-LEVEL:
DINING RM-S1ZFz 15X14
DINING RM-LEWI~
Features
KITCHD'q-SIZE 18X16
KITCHEN-LEVED 1
MAISi~ BEDROOM-SIZE: 15Xll
MASTER BEDROOM-LEVELc 2
BEDROOM2-b'~IZE: 14Xll
BEDROOM2-~ 2
BEDROOM3-SIZE: 14X10
BEDROOMB-LEVEL: 2
BEDROOM4-SLZE 12X10
BEDROOM4-LEVI~: 2
LAUNDRY-.~z~: 16Xll
LAUNDRY-L/WED L
BEDROOMS-UPPER: 4
BEDROOMS-MAIN: 0
BEDROOMS-DOWN: 0
BATHS-UPPER: 2
BATHS-MAIN: 1
BATf/S-DOVVN: 0
KEY/L-KEY: Y
KEY/bLOCK BOX: Y
O~ NM: BOGLMALIN&TLM
OWNER PH: 557-9007
Original Price: $264.900
* STYLE * COOLING * EXTERIOR
2 STORY CENTRAL AIR PATIO
* SIDING * WATER PORCH
BRICK PUBLIC * FLREPLACE
* ffB3ING COLOR * SEWER YES
RED PUBLIC * FfREPLACE LOC.
* ROOF * B~ LIVING ROOM
~ FULL * GRADE SCHOOLS
* HEAT TYPE * FOUNDATION LINCOLN
HOT WATER POUR * JR HtGH SCHOOLS
* FUELTYPE ROCK WSI-INGTN JR HIGH
RANGE/OVEN DUBUQUE SR HIGH
DISHWASI-~t
DISPOSAL
* POSBESSION
AGREED
*TERMS
* W1ND TRTMT STAY
NO
FINREMAR: CASH/CONV
Remarks
QUAL~It~ BUYER.5 ONLY. HISTORIC GEORGIAN COLONIAL COMPLEi ~Y RENOVATED 1N 2001.COZY MANSION W/OPEN
STAIRCASE-FP,HARDWOOD FL~. TWO FOUR SEASONS RMS. DRAMATIC FORMAL DINING. DOUBLE PRIVATE LOT W/FIREPIT.
Addendum
HISTORIC MANSION! ^ A perfect blend of old & new. The character of an older home w/the perfecticm of a new. Comple~ely renovated in 2002. 4 BR,
3 BA, 3 car garage- Stunrdng home. Hreplace, hardwood floors, open staircase, two sunrooms. Office, dramatic formal din/rig, privacy plots on large
double lot w/fire pit. $249,900. Carol Rudea% 5g0-0509.
Addii/onal Pics
11/23/2002 01:19 PM _ 1
TO: Zoning Advisory Commission
Planning Services Depal~.ent
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
Honorable Members of the Zoning Advisory Commission:
We, the undersigned owners of properties affected by the proposed rezoning of 296 N.
Grandview Avenue, hereby ask that the request to rezone 296 N. Grandview Avenue
from R-1 Single-Family Residential District to OR Office Residential District be denied.
to rernaln-a residential neighborhood with no businesses in it.
We wish.our neighbod;~:~;t ~
ne~.e~th~er~ ~ ~bus~i~near~b~_.,.th~.y do not have a direct impact on lhe residential
,~ v,,v~' I~:~, ~l']$]~! =ranav~ew,=.venue.
Most of our homes date from the early Wventieth century. We have worked hard to
me In~roauc=on of business activity w~ll decrease our property values.
We are concerned that a new business will increase automoUle tralfic and noise in our area.
The comer of N. Grandview and West Third Street is already congested and noisy due to
the presence of businesses and a mul~level parking lot. An additional business on the
opposite comer with client parking will only worsen mall~s.
Also, if the business were to expand, would it then need a parking Io~ Where would that
lot be placed? The only space available is the yard which fronts on N. Grandview and that
= ,e~§noornooa anQ reauce our propen'y venues.
Additionally, the Grandview Avenue area is an area of beauty in the city and has been
stu~_=,..~ ~,~: ~?!ngm?.,~u~.or r~n ~ ~s.m o? neighborhood and we want the
d.~i~,= ~o oe a~e ~o wall~ to me school ~n a resldenlial disffict not an impersonal business
We oppose the rezoning of 296 N. Grandview Avenue.
--~ .~ ,~'~. ~ ~.~-
tfully,
TO: Zoning Advisory Commission
Planning Services Department
C~y Hail
50 West 13th Street
Dubuque, Iowa 52001-4864
Honorable Members of the Zoning Advisory Commission:
We, the undersigned owners of properties affected by the Pr~P°sed:rez°ning-"- --- Of 296,
Grandview Avenue, hereby ask that the request to rezone 296 N. Grandview Avenue
from R-1 Single-Family Residential Dislfict to OR Office-Residential D~sbict be denied:
We wish our neighborhood to remain a residential neighb~)rh~;od with l~o~businesses in
While there are businesses nearby, they do not have a direct impact on the residential
nature of our part of North Grandview Avenue.
M .o~'t.o.f our ,h?. mes date fro. m the early twentieth century. We have worked hard to
maintain ane improve our homes so that our property values would be stable or dse, and
we feel the introduction of business activity will decrease our property values.
We are concerned that a new business ~11 increase automobile traffic and noise in our area.
The comer of N. Gmndview and West Third Street is already congested and noisy due to
the presence of businesses and a multilevel parking lot. An addil~onal business on the
opposite comer ~ Cr~ent parldng will only worsen matters.
Also, if the business were to expand, would it then need a parking lot? Where would that
lot be placed? The only space available is the yard which fronts on N. Grandview and that
o~O~ld in ,cre..ase traffic yet again. Moreover, a parking lot would erode the residential nature
e nelghberhood and reduce our property va ues.
Additionally, the Grandview Avenue area is an area of beauty in the city and has been
~jo.l~ r .e..si.'d,e. ntia. I !n n. atur.e wh. ic~...is appealing to the many walkers, joggers, and runners
y [[. wasnlng~on ,Junior High School is in our neighborhood and we wanHhe
students to be able to walk to the school in a resider~al distriCt not an impersonai business
We oppose the rezoning of 296 N. Grandview Avenue.
Respectfully,
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 3~d 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 3rd Street and 6,600 vehicle trips per
day on West 3~d Street adjacent to the subject property.
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 3rd 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 6-1.1 of the Zoning Ordinance
regarding the criteria for granting a rezoning.
REZONING REQUEST
296 N. GRANDVIEW AVENUE
R-1 to OR
Heckmann/Boge
Submitted by Carol Ruden
RE/MAX ADVANTAGE
Table of Contents
Purpose and Reasons for Rezoning ............................................................... .3
Response to Neighbors' Objections ................................................................ 4
Diagram of Assessed Values for Neighboring Properties ....................................... 7
Letter of Support from Sellers Tim and Malin Boge ............................................ 8
Photographs of Property and Surrounding Area ................................................. 10
PURPOSE AND REASONS FOR REZONING
Applicant is the purchaser of the subject property under a purchase agreement
containing a confmgency that the property be rezoned to permit a law office. Applicant
seeks rezoning of the property from R-1 to OR.
3-2.1. OR Office Residential District
(A) General purpose and description. The office/high density multifamily
residential district is intended to encourage and permit a mixture of compatible
office uses with high density multifamily uses in the existing built city. The OR
District is not intended to have any application in undeveloped or newly
developing areas of the city or on land made vacant through intentional
demolition. This district should serve as a transition zone between commercial
and single- and two-family residential areas through the adaptive reuse of existing
building stock, which will normally be residential in character. Development
standards should remain ttom~ble to allow conservation and reuse of existing
buildings. This district should generally be heated in areas abul~g arterial
and/or collector streets which are, because of location and trends, suitable for
development of low intensity office uses, and high intensity residential uses.
The subject property, 296 North Grandview, is currently zoned RI. It is situated
at the southeast corner of North Grandview and West Third Street. The north half of the
property is currently occupied by a two-story, four-bedroom brick home built in 1916 that
faces North 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 North Grandview
and across the street on North G-randview are residential uses. To the east of and behind
the property along West Third Street are residential uses. Directly across from the
subject property and continuing north on Grandview and east on West Third Street are
commercial uses consisting of medical offices, a parking ramp, and behind those
structures Finley Hospital and Siegert Funeral Home.
Applicant intends 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 stxucture is in good condition, both inside and out, and no
remodeling or structural changes are necessary or intended.
3
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 two to three automobiles, making a total of 6 parking spaces on-premise.
Access to parking is by way of a driveway exiting onto West Third 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 infrequent and can be acconunodated on-site
on the existing driveway, or curbside along North Grandview or West Third Street.
Applicant's law firm presently employs two attorneys, one full-time staff person,
and one part-time staff person, for a total of four employees. There are no plans at this
time to increase employment levels..
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
President's residence. It is a fine example of Georgian colonial architecture. Because of
traffic levels at the intersection of North Grandview and West Third 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.
The primary complaint voiced by prospective buyers of the house for residential use is
that the intersection of Grandview and West Third Street is too busy and noisy.
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. OR zoning for
this property is consistent with one of the primary purposes of OR zoning, which is to
serve as a transition between commercial and single-family residential areas through the
adaptive reuse of existing building stock that is residential in character. 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.
RESPONSE TO NEIGHBORS' OBJECTIONS
The neighbors raise the following objections to rezoning in their petition filed
with the Zoning Advisory Commission:
L We wish our neighborhood to remain a residential neighborhood with
no businesses in ir While there are businesses nearby, they do not have a direct impact
on the residential nature of our part of North Grandview Avenue.
The rezoning classification requested in this application is a recognition that the
highest and best use of the subject property has already changed from single-family
residence. The fact that this house has been on the market for almost one year as a
single-family residence with no offers to purchase for use as a residence -- and at a time
when residential mortgage interest rates are at their lowest level in decades -- is a
definitive statement that the market for this particular property is not the residential
market. This is the only piece of property in the neighborhood that suffers from traffic on
4
both North Grandview Avenue and West Third Street, and therefore it is distinctly
different from the other residences nearby. Describing the intended use as a "business"
connotes a commercial use and overstates both the purpose for the rezoning and the
allowed uses in an OR classification. Moreover, the neighborhood is already directly
impacted by both nearby, and distant, businesses. Finley Hospital and the nearby
doctors' offices generate substantial traffic on North Grandview Avenue, and West Third
Street is a direct route used to reach Finley Hospital, Mercy Hospital, Medical Associates
Clinic, downtown, and the Ice Harbor area where major commemial development is
being undertaken. Lastly, there are other examples throughout the city where this kind of
zoning has been used as a transitional zoning between commercial and residential areas,
such as the former Adams Realty building on University Avenue.
2. Most of our homes date from the early twentieth century. We have worked
hard to maintain and improve our homes so that our property values would be stable or
rise, and we feel the introduction of business activity will decrease our property values.
The current assessed values for other homes in the neighborhood are shown on
the attached diagram. The highest assessed value of any structure in the neighborhood
along North Grandview Avenue is the subject property. Its assessed value is $56,300
greater than the next highest assessed value in the neighborhood, and $63,200 greater
than the next highest assessed value on the same side of North Grandview Avenue. The
purchase price for the subject property is higher than its assessed value, making the
subject property the most expensive property in the neighborhood and a substantial
investment and commitment on the part of the Applicant. The intended use of this
property will preserve its present condition and value.
There is no empirical evidence to support the neighbors' assertion that the
introduction of the intended use for the property will reduce surrounding property values.
Indeed, preservation of the subject property will enhance surrounding property values,
not diminish them. The home at 393 North Grandview, which is across the Street fxom
the doctors' office complex and Siegert Funeral Home, sold in February, 2002, for
$160,000, or almost $43,000 more than its assessed value. The value of 393 N.
Grandview is far more likely to be adversely impacted by the commercial development
on North Grandview than are any of the other homes in the neighborhood, demonstrating
that nearby commercial uses have not diminished property values. An office use for the
subject property will be significantly less intense than the commercial uses further north
on Grandview.
3. We are concerned that a new business will increase automobile traffic and
noise in our area. The corner of N. Grandview and West Third Street is already
congested and noisy due to the presence of businesses and a multilevel parking lot. An
additional business on the opposite corner with client parking will only worsen matters.
The traffic congestion at that comer akeady exists. City staff has already
determined that the impact on existing traffic congestion by the intended use would be
negligible. Assuming four trips per employee per workday (morning arrival, departure
for lunch, return from lunch, and evening departure) these sixteen daily trips would
potentially increase traffic counts at that intersection by only 0.24 percent (0.24%) on
West Third Street, and only 0.13 percent (0.13%) along Grandview Avenue. Applicant's
law practice is primarily a business practice; client visits to Applicant's office are
infrequent. Whatever shght increase in traffic might result from chent visits would be
insignificant. Additionally, City staff has determined that adequate parking exists for the
intended use.
4. Also, if the business were to expand, would it then need a parking lot?
Where would that lot be placed? The only space available is the yard which fronts on
N. Grandview and that would increase traffic yet again. Moreover, a parking lot would
erode the residential nature of the neighborhood and reduce our property values.
The structure itself limits the growth that can be accommodated in the subject
building. It would not be feasible to have more than four attorneys in that building. No
more than three staffers are needed to support four attorneys. If additional parking would
be needed to accommodate such an expansion q- which is pure speculation that this time -
the easiest way to accommodate the additional parking would be to remove the detached
two-car garage behind the house. This would provide a parking apron behind the house
that can be screened from the neighbors on West Third Street and would not be visible
fi.om North Grandview Avenue. The vacant part of the property is far larger than any
need for parking that could be associated with that building. It would be absurd to turn
that landscaped lot into a parking lot; it has a greater value as a site for a single family
home. Furthermore, any such use would require prior approval and permits from the
City, giving City staff an opportunity to review any adverse impacts at that time.
5. Additionally, the Grandview Avenue area is an area of beauty in the city and
has been primarily residential in nature which is appealing to the many walkers,
joggers, and runners who enjoy it. Washington Junior High School is in our
neighborhood and we want the students to be able to walk to the sehool in a residential
district not an impersonal business district.
The beauty of that area, and the subject property, is its primary attraction to the
Apphcant. The introduction of the intended use will not turn either that piece of
property, or the neighborhood, into "an impersonal business district," nor will it make the
area any less attractive. Indeed, continued and proper preservation of the subject
property will enhance the neighborhood's beauty. The imphcation in the petition that this
rezoning application is the beginning of some sort of "domino rezoning" to take place in
that neighborhood is unsupportable. It is the uniqueness of this particular property and its
location on that particular comer that makes it a candidate for OR zoning, and not any
fundamental changes in the neighborhood.
6
JA~-I4-ZO03 OI:OOP~ ;~O~LTO~,ALLEN,&~ILLIA~ LL¢ +ZOSgT?43~? T-O?1 POOZ/O03 ;-;~6
City Council
city mu
]Dubuque, Iowa
January I4, 2003
Dear Members of City Council,
Applicant is the seller of the subj~ect property under a purc~agreeamm containing
contingency that the property be rezoned to permit a law office. Applicant seeks rezoning
of the propea~y fi.om R-1 to OR.
The subject property, 296 North Grandview, has been our home since January of 2001. In
February of 2002, my husband Tun°thy Boge, was offered a jolyi~ Bh ,~,4mm; Atabavrm,
Consequent~we put our home on the market as a single-family home. Although, we have
had over 1,000 people viewing our home, many cotxa~e~nting very Mc. ely about it, our
home stit}~ rlfft sol~. The. L~Z&laat~ eomplaigtha~ her~ its ~[o. caTion.
The home is located at the southeast corner of North Grandview and West:3rd StreeL
Directly across bom us are medical offices, a parking ramp, and Finley Hospital Om'
curbside is fi:eque, ml.y used as parking b2~ ~eml~lo~.ees of these various institutions. Many
prospective buyers have commented on the higB tm~c levels at-the intersection of North
Grandview and ~ 3~ Sweot; hvadditio~.~fe~thaLb~_re~ding in our
particular loealion, riley would experience a lack of privacy. Our home's location is unique .
to all other homes on North Cwandvicw. Th~Mnlmtim* ~,~,,;.,..~h~ is already commercial
ill nature, therefore, we feel it would be appropriate for our propea'ty to be zoned OIL It is
our honest opinion, that a change in zor~ag, would havez~.%~.Hve impact on our
iieighborhood.
It has come to our understanding that on*or%ur ne;g4xl-~r3v~q~ ~d regarding the
zoning clasaificafion. We apologize if she mimnderstood our-conversation. We also want
to respond to the criticism brought by her-.,ialh~g, '~ is not costing tl~m
anything fil~aneiall~ laex~u~ ,Mr.. BogWs emplo.~r is picldng ~pthe expense". This
statement could not be more false. Yes, Tim~s company [.q Ii~[ping us with some of our
expeuse5, bur~~~,-t~xe~' ' ' ce fees, our
monthly out-of-pocket expense has averaged $1,139.78. Needless to say, we are suff6qa~
tremendously fi/m~-a~?.
In addition to the ~SanclaI burden,, it is exlxemely cliff% ak for as~ a~equately maintain
our home. It has been brought to our attention, that students of. Washington Junior High
School have been trespa~h~g on-our property. We.re extxemely concemed that our
empty homev, a]t I~ the-targe~ for f~e.~t~t aet~ of vandalism and tres~assin~
8
JAN-14-ZG~3 eT:OOPMFROM-MOLTON,ALLEN,&WILLIAMS LLC +ZD69774397 T-O?T PO03/OO3 F'386
In conclusion, since our home was built-in ! ~T ~, it,s h[xp~Aq~n~ t~us to pteserv~ thc
condition and appearance of its structure. We are glad to hear o~Mr. Hcckmann's '
commitment and enthusiasm for our home. I~ would bc sad if such aT~..autifu] and
historically significam-tmflding wou~ remain emp.~. Please, co~d~r our thoughts and
keep the best interest of 296 North Grandview in mind.
Sincerely,
Tim a~d Malin Boge~--
9
View of subject home from in front of Belcastro home on west side of Grandview.
W. 3rd Street is to the left, just outside of the frame of the picture.
View of subject property from in front of Arenz home on west side of Grandview,
showing lot to the south of the home (hidden behind tall hedges).
View of subject property from west side of Grandview at
corner of W. 3rd showing lot to the south of the home.
View from front steps of home looking south, showing lot and screening by hedges
along both Grandview and the southern-most property line.
Finzel home is behind the far hedges.
12.2. 2002
Back of home showing three garages. Snow obscures the outline of the parking
apron and driveway, but there is room to park two cars on the parking apron.
The driveway exits on to W. 3rd.
12
View from southeast corner of Grandview and W. looking east along W. 3~
Physicians' offices and Finley Parking Ramp on left side of photo.
View from southeast corner of Grandview and W.
looking north along Grandview.
View
looking northeast.
Physicians' offices and Siegert Funeral Home.
View from west side of Grandview at Congregational Church parking lot looking
south along Grandview. Siegert Funeral Home and physicians' offices visible
on left, subject residence visible in left center of frame in the distance.
14
View from front step of subject home looking west across Grandview.
Belcastro home is the brick home, Arenz home is the white home.
View from front step of subject home looking west across Grandview.
Arenz home is thc white home, Pfab home is the blue home.