Request to Rezone_Langworthy Neighborhood District_MozenaTHE CITY OF
Dubuque
DJ ��
I '
Masterpiece on the Mississippi 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Applicant: Terry Mozena / Langworthy Neighborhood Association
Location: Portion of the Langworthy Neighborhood
Description: To rezone Langworthy Neighborhood properties from R -2 Two - Family
Residential District to R -1 Single- Family Residential District.
Dear Mayor and City Council Members:
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001 -4805
Office (563) 589 -4210
Fax (563) 589 -4221
TTY (563) 690 -6678
planning@cityofdubuque.org
www.cityofdubuque.org
January 11, 2010
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. He reviewed the area to be rezoned, a petition
in support of the request, and that the request is supported by several Goals of the
Comprehensive Plan.
Staff reviewed surrounding zoning and land use, the number of properties that will be made
non - conforming, and regulations pertaining to nonconforming properties.
There were several public comments in support of the requested rezoning. A letter in
opposition was received.
The Zoning Advisory Commission discussed the request, noting that they only received one
comment against the requested rezoning. The Commission discussed the impact of
rezoning property against the wishes of the property owner and the impact of non-
conforming status on a property.
Recommendation
By a vote of 5 to 1 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,
4
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
['Variance
['Conditional Use Permit
❑Appeal
❑Special Exception
Limited Setback Waiver
Rezoning
Please type or print legibly in ink
Property owner(s): Phone:
Address: City: State:
Fax Number:
Cellular Number: E -mail Address:
LAK5t ' Cr+�k. 4 ki42. 0 1k,g/ Assoc, / ,:
Applicant /Agent: T` � ' -r / 'l r3 c /t; -p- es , c+4 Phone: �� /L --
Address: /0 6 1(9 , 3 ..(7./tee-1 . ;c'.e.7`
City: be a state: O
Fax Number: /i7/ if Cellular Number: _E -mail Address: Try v 2' _e. 6..• Tern ,' er• b4n k, . ea .
/ �+
7 0 Z -e ft 0.
Site location /address: Pori' c Gt tt. Ls T -
e rY N�5 r,L f 1 44 /s d rr ---- Z 4FZ)ZZ
Existing zoning: : Proposed zoning: R1 Historic District: 6'S Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):. ( Q o:,v c ,Bee ' ,-of a /
t Z ON E l- ti -i0 te- 'T1a Ui J l�4t�c� r440 7 a lb YY r; p=' 1-PI
CERTIFICATION: I /we, the undersigned, do hereby cer t that: ' �" r
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
Dubuque
11
2007
Planned District
❑Preliminary Plat
❑Minor Final Plat
❑Text Amendment
['Simple Site Plan
['Minor Site Plan
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant/Agent: Date: 40 -I - 0 9
FOR OFFICE USE ONLY - APPLI ION SUBMITTAL CHECKLIST J J
Fee: -1 e . Received by: T'�rn G -U`--- Date: /A/'� le /Docket:
[Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
❑ Site /sketch piano Conceptual Development Plan
PLANNING APPLICATION FORM
['Major Site Plan
['Major Final Plat
['Simple Subdivision
❑Annexation
['Temporary Use Permit
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563 - 589 -4210
Fax: 563 - 589 -4221
❑Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation J �,�
N Neighborhood Association ywo r ' t
Other:
Zip:
Zip: 5.Z et'/
Vicinity Map
Applicant: Langworthy Neighborhood Association
Location: Portion of the Langworthy Neighborhood District
Description: To rezone a portion of the Langworthy Historic Preservation District
currently zone R-2 Two-Family Residential District to
R-1 Single-Family Residential District.
Legend
Proposed Area to be Rezoned
R-2 Boundry
Langworthy Historic Preservation District
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Jan. 6. 2010 11:44AM Drake & Freund, P. C,
D. Flint Drake*
fdrake @dtakefxcund.com
Both admitted in Iowa
*Also admitted in Wisconsin
VIA FACSIMILE 589 -4221
Zoning Advisory Commission
Attn: Mr. Kyle Kritz, Associate Planner
City Planning Office
Dubuque, IA 52001
Drake & Freund, P.C.
ATTORNEYS
1005 Main Street, Suite 200
Dubuque, TA 52001
ww.dtakefteund.com
January 6, 2010
RE: REZONING APPLICATION OF TERRY MOZENA
Dear Zoning Advisory Commission:
John D. Freund
jfrcund@drakcfrcund.com
Telephone: (563) 582 -2000
Facsimile: (563) 583 -5225
My family and I have resided at 1072 West Third Street here in Dubuque since approximately
1997. During that time we have witnessed significant improvements to our neighborhood. Many
families in the area have expended significant effort and funds to improve their single family
residences or to convert structures back to their original single family use. All of these efforts have
beautified the neighborhood, enhanced the value of all of the respective properties in the area and
increased the tax base for the City of Dubuque. Several exceptions to these efforts, however, do
exist. Unfortunately, each of these exceptions relates to rental properties in the area. While there
are certainly some well maintained and well managed rental properties, all of the "problem"
properties in the area are rental properties which suffer from poor maintenance and poor tenant
screening. For example, the rental property adjacent to our home (off Langworthy Street) was
discovered to have a meth lab operated by a tenant within several feet of our rear property line in an
area where our three children often play. It is undeniably true that these properties adversely affect
the value of neighboring properties, the tax base for the City and the use and enjoyment of our
properties.
I am a strong advocate for the proposition that people should be free to do as they please with
those properties as long as those actions are not harming others. Unfortunately, some ofthe rental
properties in our neighborhood are harming others within the neighborhood. We believe Mr.
Mozena' s request balances freedom (by allowing existing rental properties to continue in such use)
with the need to recognize and protect the revitalized character of the neighborhood: The proposal
simply returns our neighborhood to its original single family zoning and is representative of what
overwhelmingly exists there now, single family residents. While we are unable to attend the
meeting, we strongly support Mr. Mozena's application and request you recommend approval ofthe
request.
Jan. 6. 2010 11:44AM Drake & Freund, P. C. No. 2485 P. 2
January 6, 2010
Page 2
DFD\db
Thank you.
DRAKE & FREUND, P.C.
Best Regards,
DRAKE &
By
D. Flint Drake
P.C,6.-"
December 23, 2009
David Klavitter
1090 West Third St.
Dubuque IA 52001
Zoning Advisory Commission
City of Dubuque
City Hall
Second Floor
50 W. 13 St
Dubuque IA 52001
RE: Support of rezoning Langworthy History District properties from R -2 to R -1.
Dear Commissioners:
r
I � '
"
DEC 3 0 2009 i
C Y OF DL'BI ME
PLAINN!NG SERI ES DEPA tTM -NT
Along with my petition signature, I urge your support in rezoning the neighborhood from R2 to
R1 to correct a previous rezoning mistake, as it is clear the homes within our boundaries were
designed to be single- family homes.
I understand the city's current need for apartment housing, however the City of Dubuque also
maintains a strong historic preservation ethic and renewed effort to use cultural and
architecturally significant structures to promote tourism, revitalize the community, and educate
the public. Significant private and public investment and resources underpin this endeavor.
According to the City of Dubuque's Architectural Guidelines (2002), the Langworthy
neighborhood originally was designed with a "rambling, suburban character that is clearly distinct
from the more dense urban setting of the districts near the downtown...Characteristics of the
district include relatively low development density with large houses on large lots."
I believe the zoning code change would help maintain the neighborhood's historic character by
preventing —or more appropriately managing —the alteration of the neighborhood structures by
having them split into multiple living units for which they were not designed.
The proposed change also would remedy the currently inconsistent application of R1 and R2
zoning code across the Langworthy Historic District.
Thank you for your consideration of this important zoning restoration.
David Klavitter
Cc: Terry Mozena, president, Langworthy Neighborhood Association
Comments for the Zoning Advisory Commission hearing on Wednesday,
January 6, 2010:
Sincerely,
/& 4..� -et>7,7
12/29/09
I am the owner of the house at 1084 West Third St. and the converted
garage /carriage house at 1133 Langworthy St., as well as the two vacant lots west of
1133 Langworthy. Referring to the proposal of Terry Mozena as to the rezoning to
R-1 Single - Family as proposed for Langworthy St., I wish to go on record against
this.
Langworthy St. historically was zoned as "C" or commercial (thus allowing
three apartments per building), not R -2. (I realize that what exists now will be
grandfathered in.) I do not consider it fair to present owners of empty lots, as I am,
to create, as I assume this will do, an impediment to what use might be made of the
lots in the future. This would very likely reduce the re -sale value of these lots.
REZONING STAFF REPORT Zoning Agenda: January 6, 2009
Property Address:
Proposal:
Applicant:
Proposed Land Use:
Existing Land Use:
Existing Zoning:
Adjacent Land Use:
Former Zoning:
Total Area: Approximately 12 acres
Portion of the Langworthy Neighborhood District
To rezone Langworthy Neighborhood properties from R -2 Two -
Family Residential District to R -1 Single - Family Residential
District.
Terry Mozena / Langworthy Neighborhood Association
Single - Family Proposed Zoning: R -1
Single -, Two - Family & Multi - Family Residential
R -2
North — Single /Multi - Family Adjacent Zoning: North —
East — Institutional
South — Single - Family
West — Single- Family
1934 — Two - Family and Multi - Family
1975 — R -3
1985 — R -2
R- 1/R -2/R -3
East — ID
South — R -2
West — R -1
Property History: Most of the properties in the Langworthy Neighborhood District were
part of the original City of Dubuque Charter and primarily were developed in the late
1800s and early 1900s. Of the 41 residential structures in the district, most are 50
years of age or older. The subject properties were part of a city-wide rezoning in 1985
that changed the property from primarily R -3 Multi - Family Residential to R -2 Two - Family
Residential. Several houses within the district have been reconfigured as multi - family
dwellings. The historic development in this neighborhood reflects a relatively consistent
pattern of primarily large single - family residences on large lots. There are a number of
smaller residences located mostly along the south side of Langworthy Street and along
the west side of Alpine Street in the subject area.
Physical Characteristics: Most lots in the district are relatively level; however, the
subject area slopes from the high point at the corner of W. 3 and Alpine Streets to
lower elevations on the south and east sides of the property. The property is bordered
by Alpine, W. 3 Hill and Solon Streets and is bisected by Langworthy Street.
Rezoning Staff Report — Langworthy Neighborhood Rezoning Page 2
Concurrence with Comprehensive Plan: The Future Land Use Map for 2030 calls
for this area to be single- and two- family residential which reflects the existing land use
pattern for the area. Goal 1.1 of the Land Use Element states, "to promote inclusive
and economically integrated neighborhoods that allow a diverse mix of residential and
housing types." Goal 1.2 states "to provide a range of housing options throughout the
community." Goal 1.4 states "to preserve the historic and aesthetic character and
function of established neighborhoods." Goal 1.5 states "to protect existing residential
areas from encroachment by incompatible development." Goal 1.7 states "to encourage
neighborhood identity, planning and pride of place." Goal 5.2 states "to protect and
preserve the City's historic buildings, urban pattern, and natural environment." Goal 6.2
states "to buffer and protect incompatible uses from each other." And Goal 6.3 states
"to limit sprawl and aggregate travel time through the use of mixed -use developments.
Goal 7.2 states "to promote in -fill development where appropriate and to encourage
more compact urban form and avoid needless and costly sprawl." Goal 9.7 states "to
adapt land use controls to fit the various historic development patterns in
neighborhoods that reflect urban, suburban and rural characteristics." Goal 2.2 of the
Housing Element states "to promote mixed income, mixed rental housing
developments."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. The proposed rezoning
should have very limited impact on said utilities.
Traffic Patterns /Counts: The proposed rezoning should have very limited impact on
the traffic patterns or vehicle trips generated in the neighborhood. The proposed
rezoning from R -2 to R -1 may prevent the development of additional units in the
neighborhood; and therefore, prevent a potential increase in traffic generation.
Public Services: Existing public services are adequate to serve this district and the
proposed rezoning should not place additional burden on them.
Environment: Staff does not anticipate any adverse impact to the environment
because there are few vacant lots in this district and additional residential
development is unlikely. The proposed rezoning will likely limit additional
residential development.
Adjacent Properties: The proposed rezoning for the Langworthy Neighborhood
District should have limited impact on adjacent properties. The proposed rezoning
will maintain the status quo in the neighborhood and should prevent the generation
of additional traffic by prohibiting additional residential units from being added to
the existing housing stock.
CIP Investments: None proposed.
Rezoning Staff Report — Langworthy Neighborhood Rezoning Page 3
Staff Analysis: The Langworthy Neighborhood Association has submitted an
application asking to rezone a portion of the Langworthy Neighborhood District from R -2
Two - Family Residential to R -1 Single - Family Residential District. The district is bordered
by, or adjacent to, Hill, Solon, Alpine and W. 3 Streets. There are 45 parcels located
within the district and 41 residential structures. Many of the residences have detached
garages located on their lots. City rental licenses, the city directory and the City
Assessor's parcel database indicate that there is a two -unit, three -unit, four -unit and
six -unit building within the subject area. These buildings would be made
nonconforming by the proposed rezoning. Under the existing regulations governing
nonconformities, the buildings could be rebuilt within their original footprint and with
the original number of units, if they were destroyed.
The buildings within the subject area, and on most of the surrounding properties, are
primarily single - family residences. There are a small number of multi - family dwellings
scattered throughout the area. The proposed rezoning will limit development of further
units on the subject property, which will in turn limit the potential increase of traffic,
noise and demand on parking in the neighborhood. However, the proposed rezoning
will also limit the property owner's ability to add a second unit to their residences, or to
build anything other than a single - family home on any vacant or redeveloped lot.
Staff has received a petition with 71 signatures from residents within the Langworthy
Neighborhood District, and directly adjacent thereto, in favor of the request.
Thirty-four of these signatories were from within the subject property. Seven of the
property owners within the subject property did not sign the petition.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Article 9 -5 of the Unified Development Code.
Prepared by: Reviewed: Date: 1.. / 2 • o�
f:\ users\ kmunson \wp\boards- commissions\zac tall reports\zac staff reports 2009Jangworthy neighborhood rezoning 12_15_09.doc
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121
ORDINANCE NO. 1-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED PARTIALLY WITHIN THE
LANGWORTHY HISTORIC DISTRICT FROM R -2 TWO- FAMILY RESIDENTIAL
DISTRICT TO R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter - described
property from R -2 Two - Family Residential District to R -1 Single - Family Residential
District, to wit:
Lots 7 and 8 of Julia Langworthy's Addition, Lots 49, 50, 51, 52, and 53 of
Julia Langworthy's Addition, S 40' of Lot 6 of Julia Langworthy's Addition,
Lot 5 and the N 10' of Lot 6 of Julia Langworthy's Addition, Lot 4 of Julia
Langworthy's Addition, Lot 9 and the W'/ of Lot 10 of Julia Langworthy's
Addition, the E'/ of Lot 10 of Julia Langworthy's Addition, Lots 10 and 11 of
Julia Langworthy's Addition, Lot 6 of the subdivision of Lots 2 and 3 of Mrs.
L. H. Langworthy's Subdivision, Lot 5 and the W 20' of Lot 4 of the
subdivision of Lots 2 and 3 of Mrs. L. H. Langworthy's Subdivision, Lot 1 and
2 of Mrs. P. J. Pechous Subdivision, Lots 1 and 2 of Dupree Place, Lots 1
and 2 of Altman Place, Lot 4 of 4 of Mrs. L. H. Langworthy's Subdivision, Lot
5 of 4 of Mrs. L. H. Langworthy's Subdivision, Lot 2 of 5 and Lot 2 of 6 of the
subdivision of Lots 1, 2 and 3 of Julia Langworthy's Addition, Lots 1 of 5 and
1 of 6 of the subdivision of Lots 1, 2 and 3 of Julia Langworthy's Subdivision,
N 75' of Lot 4 and S 41' of Lot 4 of the subdivision of Lots 1, 2 and 3 of
subdivision of Lot 1 of 2 of 3 Julia Langworthy's Subdivision, Lot 1 of 5 in
Mrs. L. H. Langworthy's Subdivision except N 12' thereof, Lot 1 of 6 and Lot
2 of 5 in Mrs. L. H. Langworthy's Subdivision except the N 12' thereof, Lot 2
of 6 Mrs. L. H. Langworthy's Subdivisions except the N 12' thereof, W 83' of
Lot 7 Mrs. L. H. Langworthy's Subdivision, except the part deeded to the
City, the E 80' of Lot 7 Mrs. L. H. Langworthy's Subdivision, Lot 1 of the N
160' of Lot 8 of Mrs. L. H. Langworthy's Subdivision, Lot 1 of 2 of the N 160'
of Lot 8 of Mrs. L. H. Langworthy's Subdivision, Lot 2 of 2 of the No 160' of
Lot 8 of Mrs. L. H. Langworthy's Subdivision, the S 60' of Lot 8 of Mrs. L. H.
Langworthy's Subdivision, the W 15' of Lot 4 of McCoy Subdivision, and the
E 39' of Lots 5 of McCoy's Subdivision, the W 11' of Lot 5 of McCoy's
Subdivision and Lot 6 of McCoy Subdivision, the S 150 feet of Lot 1 of P.
Langworthy's Subdivision, the E 1 /2 of the S % of Lot 2 of P. Langworthy's
Subdivision, the W 1 /2 of the S % of Lot 2.of P. Langworthy's Subdivision, the
E 60' of the S 1/2 of Lot 3 of P. Langworthy's Subdivision, the W 50' of the S
1/2 of Lot 3 and the east 25' of the S'/ of'/ of Lot 2 of 4 P. Langworthy's
Addition, the W 40' of the S % of Lot 2 of 4 and the S % of Lot 2 of 1 of 4 P.
Langworthy's Addition, and Lot 1 of 1 of 1 of 1 of 4 of P. Langworthy'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 19 day of January, 2010.
Attest:
40- 214
+eanne F. Schneider, City Clerk
David T. Resnick, Mayor Pro -Tem
(12/28/2009) Jeanne Schneider - Re: Letter: Support of rezoning Langworthy History District properties from R -2 to R -1. Page 1
From: Ric Jones
To: klavitter @gmail.com
CC: Jeanne Schneider
Date: 12/24/2009 6:07 AM
Subject: Re: Letter: Support of rezoning Langworthy History District properties from R -2 to R -1.
Thank you for writing, however we are prohibited by law from receiving, considering, or participating in any
form of ex parte communication regarding pending zoning issues. To that end, I have not read the text of
your message. I have forwarded it to the City Clerk so that it will be part of the information presented at the
time of the Council's public consideration of the issue, should it come before the Council.
I hope you have a great Holiday Season.
Ric Jones
City Council Member
City of Dubuque, Iowa
www.ricjones.com
50 W. 13th Street
Dubuque IA 52001
(563) 556-3490
»> David Klavitter <klavitter @gmail.com> 12/23/09 7:55 PM »>
Please find the attached text of a letter sent via U.S. Post on
12/23/09 to the City Zoning Advisory Commission.
December 23, 2009
David Klavitter
1090 West Third St.
Dubuque IA 52001
Zoning Advisory Commission
City of Dubuque
City Hall
Second Floor
50 W. 13th St
Dubuque IA 52001
RE: Support of rezoning Langworthy History District properties from R -2 to R -1.
Dear Commissioners:
Along with my petition signature, I urge your support in rezoning the
neighborhood from R2 to R1 to correct a previous rezoning mistake, as
it is clear the homes within our boundaries were designed to be
single - family homes.
I understand the city's current need for apartment housing, however
the City of Dubuque also maintains a strong historic preservation
ethic and renewed effort to use cultural and architecturally
significant structures to promote tourism, revitalize the community,
and educate the public. Significant private and public investment and
resources underpin this endeavor.
(12/28/2009) Jeanne Schneider - Re: Letter: Support of rezoning Langworthy History District properties from R -2 to R -1. Page 2
According to the City of Dubuque's Architectural Guidelines (2002),
the Langworthy neighborhood originally was designed with a "rambling,
suburban character that is clearly distinct from the more dense urban
setting of the districts near the downtown...Characteristics of the
district include relatively low development density with large houses
on large lots."
I believe the zoning code change would help maintain the
neighborhood's historic character by preventing —or more appropriately
managing —the alteration of the neighborhood structures by having them
split into multiple living units for which they were not designed.
The proposed change also would remedy the currently inconsistent
application of R1 and R2 zoning code across the Langworthy Historic
District.
Thank you for your consideration of this important zoning restoration.
Sincerely,
David Klavitter
Cc:
Terry Mozena, president, Langworthy Neighborhood Association
Dirk Voetberg, City of Dubuque Councilmember, Ward 4
David Resnick, City of Dubuque Councilmember, At -Large
Ric Jones, City of Dubuque Councilmember, At -Large