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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.