Historic Preservation Commission_Remove 3040 Elm Street from Brewery Conservation DistrictPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 589 -6678 TDD
plarming@Cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque, IA 52001
Dear Mayor and City Council Members:
Masterpiece on the Mississippi
Applicant: LK Development and Storage, LLC
Location: 3040 Elm Street
Description: Remove 3040 Elm Street from the Brewery Conservation District
February 22, 2010
Introduction
The Historic Preservation Commission has reviewed the request of Kane, Norby &
Reddick P.C. on behalf of LK Development & Storage, LLC to remove 3040 Elm Street
from the Brewery Conservation District. The application, staff report, and related
materials are attached for your review.
Background
Conservation districts are areas designated by City Council that contain properties with
historical or architectural value. The Brewery Conservation District was established on
November 21, 2005. The Brewery Neighborhood Conservation District contains the
structures historically known as the Dubuque Brewing and Malting Company buildings.
Background information on the establishment of the conservation district is enclosed.
On December 3, 2009, the City Clerk received a request from Kane, Norby & Reddick,
P.C. on behalf of LK Development & Storage, LLC to remove the property from the
Brewery Conservation District, noting violations of City of Dubuque Code resulting from
being located in the conservation district. The property is currently under enforcement
for Demolition by Neglect.
At the February 1, 2010 meeting, the City Council referred the request to the Historic
Preservation Commission for a recommendation. In determining whether to recommend
approval or denial of a request, the Commission considers whether the proposed district
or existing district has historic or architectural significance to the community.
The Honorable Mayor and City Council Members
3040 Elm Street
Page 2
Discussion
The applicants were not in attendance.
Staff reviewed the staff report, noting the history of the property, the request from the
applicants' attorney, background information on conservation districts, enforcement
history, and criteria for consideration of alterations to a conservation district.
There were no public comments. A letter in opposition was received and filed.
The Commission discussed the request, noting the enforcement history, criteria for
conservation districts, and the historical and architectural significance of the building.
Recommendation
By a vote of 9 to 0, the Historic Preservation Commission recommends City Council not
remove 3040 Elm Street from the Brewery Conservation District based on:
1. The building was once listed on the National Register of Historic Places; and
2. The building currently meets the National Register Criteria A for property that is
associated with events and made a significant contribution to the broad patterns
of our history, and C for property that embodies the distinctive characteristics of
a type, period, or method of construction or presents the work of a master, or
possesses high artistic value, or represents a significant and distinguishable
entity whose components lack individual distinction; and
3. The property's association with notable architect Fridolin Herr.
Respectfully submitted,
Michael Knight, Chairperson
Historic Preservation Commission
cc: Crenna Brumwell, Assistant City Attorney
Rich Russell, Building Services Manager
Masterpiece on the Mississippi
TO: Historic Preservation Commission
FROM: Laura Carstens, Planning Services Manager Sg6C.
SUBJECT: Alteration of a Conservation District: Removal of 3040 EIm Street
DATE: February 10, 2010
Dubuque
All-America City
a
2007
Introduction
The purpose of this memorandum is to forward the request of LK Development &
Storage, LLC to alter (remove) 3040 EIm Street from a Conservation District.
Background
The property is located in the Brewery Conservation District. The Brewery Conservation
District was established on November 21, 2005. Background information on the
establishment of the district is enclosed.
On December 3, 2009, the City Clerk received a request from Kane, Norby & Reddick,
P.C. on behalf of LK Development & Storage, LLC to remove the property from the
Brewery Conservation District, noting violations of City of Dubuque Code resulting from
being located in the conservation district. The property is currently under enforcement
for Demolition by Neglect.
At their February 1, 2010 meeting, the City Council referred the request to the Historic
Preservation Commission for a recommendation. Enclosed is correspondence to City
Council. The correspondence includes the letter requesting removal from the district
and staff clarification on some of the issues identified in the request.
Discussion
Conservation districts are areas designated by City Council that contain properties with
historical or architectural value. The process for establishing a conservation district is
the same as the process for altering a district. In determining whether to recommend
approval or denial of a request, the Commission considers whether the proposed district
or existing district has historic or architectural significance to the community.
3040 EIm Street is part of the former Dubuque Brewing and Malting Company complex.
The buildings were listed on the National Register of Historic Places (NRHP) on
December 21, 1977, but were subsequently delisted in 1978 because of procedural
errors. The Code of Federal Regulations — Title 36: Parks, Forests, and Public Property
states that, "Any property or district removed from the National Register for procedural
deficiencies in the nomination and /or listing process shall automatically be considered
Alteration of a Conservation District: Removal of 3040 Elm Street page 2
eligible for inclusion in the National Register without further action ". A copy of the Site
Inventory Form and NRHP Nomination Form for the brewery complex is enclosed.
Requested Action
The requested action is for the Commission to discuss the request, determine whether
the Brewery Conservation District contains buildings that have historic or architectural
significance to the community, and then provide a recommendation to the City Council
regarding the request of LK Development & Storage, LLC to remove 3040 Elm Street
from the Brewery Conservation District.
Enclosures
cc: Michael Van Milligen, City Manager
Crenna Brumwell, Assistant City Attorney
Rich Russell, Building Services Manager
Masterpiece on the Mississippi
Planning Services Manager Laura Carstens recommends referral of this request to the
Historic Preservation Commission.
On December 7, 2009, the City Council referred the enclosed request from attorney
Brian Kane on behalf of LK Development & Storage, LLC relative to property at 3040
Elm Street to the City Manager. The request asked for 1) a certificate of economic
nonviability pursuant to City Code 25 -8(c) (4), or in the alternative, 2) removal from the
historic district.
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Council Referral - LK Development & Storage, 3040 Elm Street
DATE: January 26, 2010
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I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
a el C.
Mic Van
Milligen
Dubuque
bfrd
All America City
2007
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: City Council Referral — LK Development & Storage, 3040 Elm Street
DATE: January 7, 2010
Dubuque
AII- Amenca City
11111
2007
INTRODUCTION
On December 7, 2009 the City Council referred the enclosed request from attorney
Brian Kane on behalf of LK Development & Storage, LLC relative to property at 3040
Elm Street to the City Manager. The request asked for: 1) a certificate of economic
nonviability pursuant to City Code 25 -8(c) (4), or in the alternative, 2) removal from the
historic district.
This memorandum provides the information you requested on the historical background,
process options, historic preservation funding, and related property improvements for
the request by LK Development & Storage, LLC for 3040 Elm Street.
Two points of clarification are needed. First, Mr. Kane's letter discusses the building's
location in a "historic conservation district" (there is no such designation) and in a
"historic district" (the property is not in a historic district). The property is in the Brewery
Conservation District. Secondly, City Code 25 -8(c) (4) referenced by Mr. Kane has been
replaced through adoption of the Unified Development Code. It is now found in UDC
Article 10, which addresses both historic and conservation districts.
BACKGROUND
The City has 5 historic districts and 9 conservation districts. The districts are areas
designated by the City Council containing properties with historical or architectural
value. Each district has defined geographic boundaries. The ordinances related to
Historic Districts and Conservation Districts are quite different. Below is a discussion of
the two types of local districts.
In the historic districts, the Historic Preservation Commission (HPC) reviews
any exterior changes to property that require a building permit and are visible from the
public right -of -way. These types of exterior changes to property in conservation districts
are not reviewed by the HPC; only demolition requests are reviewed by the HPC in
conservation districts.
City Council Referral — LK Development & Storage, LLC Page 2
In both historic districts and conservation districts, the HPC determines if a demolition
permit should be granted according to economic guidelines and review criteria specified
by City Code.
In both historic districts and conservation districts, Demolition by Neglect is prohibited.
On a citywide basis, the Building Services Department enforces the Demolition by
Neglect provisions. A building cited for demolition by neglect likely will also be in
violation of the building code's dangerous building provisions.
The City has a historic preservation revolving loan program for correction of Demolition
by Neglect violations. The loan is for up to $25,000 for 10 years at 3% interest. The
HPC reviews and approves all loans, subject to underwriting criteria. This loan program
also is available in both historic and conservation districts for any exterior work. It is not
available citywide.
On November 21, 2005, the City Council established a conservation district for the
subject property at the request of a private citizen. The request was made due to the
property's significance and an imminent threat of demolition. The district includes the
properties at 3040 Elm Street and at 3000 Jackson Street. Both properties are part of
the historic Dubuque Brewing and Malting Company complex at 30 and Jackson
Streets. This complex is eligible for listing in the National Register of Historic Places due
to its historical and architectural significance.
In addition, the property at 3040 Elm Street is in an Urban Renewal District. Tax
Increment Financing (TIF) is available to assist with rehabilitation of the property.
Enforcement Summary
Since creation of the Brewery Conservation District, City staff and the HPC have
communicated repeatedly with the property owners regarding financial assistance
programs and City Code violations, as well as the process for review of demolition
permits. The HPC listed both 3040 Elm Street and 3000 Jackson Street on the Historic
Preservation Enforcement Report on May 1, 2007 for Demolition by Neglect.
Auto & Truck Parts Inc., owner of 3000 Jackson Street, was notified on May 8, 2008 of
Demolition by Neglect violations, and ordered to correct the roof deterioration and
condition of the exterior brick by the Building Services Department. A citation was
issued by the Building Services Department on November 2, 2009, and a court date of
December 23, 2009 was set. Auto & Truck Parts inc. applied on November 18, 2009 for
a Certificate of Appropriateness and a historic preservation loan to replace the roof on
the west side of the building.
LK Development & Storage, LLC, owner of 3040 Elm Street, was notified on May 8,
2008 of Demolition by Neglect violations, and ordered to correct the condition of the roof
and windows by the Building Services Department. A citation was issued by the
Building Services Department on November 2, 2009 for these and other violations, and
a court date of December 23, 2009 was set. The court proceeding was continued
City Council Referral — LK Development & Storage, LLC Page 3
pending the outcome of this process. LK Development & Storage, LLC has not
corrected these violations or applied for a historic preservation loan.
DISCUSSION
Mr. Kane's request for a finding or certificate of economic nonviability cannot be
granted. The property at 3040 Elm Street is not eligible for a certificate and /or finding of
economic nonviablity at this time. A finding or certificate of economic nonviability can
be issued for properties located within a historic district when work is required to be
done in compliance with the City Code. This does not apply to properties located within
a conservation district.
The ONLY time an economic viability evaluation is done for a property in a conservation
district is when an application for demolition is filed. As LK Development & Storage has
not filed an application for demolition it is not appropriate at this time to evaluate the
economic nonviability of the property of 3040 Elm Street.
In the alternative LK Development & Storage is asking that the 3040 Elm Street be
removed from the historic district. Technically 3040 Elm Street is in a conservation
district, not a historic district. Assuming LK Development & Storage wishes to be
removed from the Brewery Conservation District the process is found in UDC Article 10.
The process to request alteration of a conservation district begins with a written request
to the City Clerk. The City Clerk puts the request on the next regular City Council
agenda and the City Council has the following options:
1) Approve the request,
2) Deny the request,
3) Set the request for consideration at a subsequent, meeting,
4) Set the request for a public hearing, or
5) Refer the request to the HPC for a recommendation before voting on the
request.
Per the UDC, if the City Council sets a public hearing, a notice of the date, time and
location of the hearing shall be published in accordance with Iowa code section 362.3.
The City Council may also direct the City Clerk to mail a notice of the date, time and
location of the meeting at which the City Council will consider the request to the
property owners of record in the district.
If a referral is made to the HPC, the City Council can direct the secretary of the
Commission to mail a notice of the date, time and location of the meeting at which the
HPC will consider the request to the property owners of record in the district.
If the City Council refers the matter to the HPC, then the Commission, at its next regular
meeting, shall review the request, and make a recommendation to the City Council to
City Council Referral — LK Development & Storage, LLC Page 4
approve or deny the request, or to table the request for additional information for a
specified period not to exceed sixty (60) days. If the HPC fails to act on the request
within the sixty (60) day period, unless the applicant requests and the Commission
grants an extension of such time, it shall constitute an approval by the HPC of the
request. The HPC's recommendation must be transmitted to the City Clerk, who shall,
in turn transmit the recommendation and application to the City Council for
consideration.
The HPC, in determining whether to recommend approval or denial of the request, shall
consider whether the proposed conservation district, or the expansion or alteration of
the district, has historic or architectural significance to the community.
The City Council, at its next regular meeting following receipt of the HPC's
recommendation, shall approve or deny the request.
Removing 3040 Elm Street from the Brewery Conservation District will not eliminate the
Building Code violations which exist due to the deteriorated condition of the property.
Additionally, removal of 3040 Elm Street from the Brewery Conservation District will
eliminate its eligibility for the low- interest historic preservation loan program.
RECOMMENDATION
LK Development & Storage initiated the process under Title 16 of the City Code, the
Unified Development Code, to be removed from a conservation district. At the
December 7, 2009 City Council meeting the Council considered the request and
referred the matter to the City Manager. At this time the LK Development & Storage
request should again be placed on a City Council agenda. The Council must then
determine whether to:
1) Approve the request,
2) Deny the request,
3) Set the request for consideration at a subsequent meeting,
4) Set the request for a public hearing, or
5) Refer the request to the commission for a recommendation before voting on the
request.
It is the staff recommendation that the matter be referred to the Historic Preservation
Commission for evaluation and analysis.
Enclosure
cc: Crenna Brumwell, Assistant City Attorney
Rich Russell, Building Services Manager
Dave Johnson, Assistant Planner
Brian J. Kane
Les V. Reddick*
Brad J. Heying
Todd L. Stevenson*
Kevin T. Deeny**
Bradley B. Kane
Joseph P. Kane
All admitted in Iowa
*Also admitted in Illinois
* *Also admitted in Wisconsin
VIA U.S. CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Ms. Jeanne Schneider
City Clerk, City of Dubuque, Iowa
50 West 13 Street
Dubuque, IA 52001
KANE, NORBY & REDDICK, P.C.
A1 ORNEYS
2100 ASBURY ROAD, SUI I'E 2
DUBUQUE, IA 52001 -3091
December 2, 2009
FACTS
Of Counsel:
Gary K Norby
Phone: (563) 582 -7980
Facsimile (563) 582 -5312
E- mail:bkane @kanenorbylaw.com
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RE: REQUEST FOR REMOVAL FROM HISTORIC CONSERVATION DISTRICT
Dear Ms. Schneider:
We are writing on behalf of our client, LK Development & Storage, LLC, to formally request that
the building located at 3 040 Elm Street in Dubuque, Iowa be removed from the city's historic conservation
district. This removal is requested pursuant to section 14- 1A- 4(G)(1) of the Dubuque Code of
Ordinances.
LK Development and Storage, LLC ( "LK ") has owned the property located at 3040 Elm Street
in Dubuque, Iowa for several years. The building is used for commercial leasing activities by LK, namely
as a storage facility. It is also used as a work space by LK' s tenant in a limited capacity, namely trailer
maintenance. The building is not used for residential purposes. The size and condition of the building lends
itself well to LK's purposes; i.e., commercial storage for local tenants.
The violations of Title XIV of the City of Dubuque Code of Ordinances alleged by the City of
Dubuque are primarily due to the alleged condition and maintenance of the building, i.e., roofing, sealed
windows, etc. These alleged violations are solely due to the building's inclusion in the City's "Conservation
District ".
December 2, 2009
Page 2
KANE, NORBY & REDDICK, P.C.
ARGUMENT
We have reviewed prior correspondence from you to our client, as well as prior correspondence
from Attorney David Clemens to you and/or other City representatives. As we understand it, our client
legitimately acquired this real estate on the open market and operates a legal commercial leasing activity
in its building. The City, apparently of its own volition and notwithstanding the objection of our client, has
included our client's property in an "Historic District" By virtue of that designation, literally forced upon
our client and over their obj ection, the City now subj ects our client to continued "inspections" and
"demands" for repairs. We have the following additional comments:
1. The City's previously expressed public intentions with regard to this real estate and adjoining
real estate to be used for City purposes causes concern with respect to the motivation for the continued
inspections and demands for repairs.
2. Equal protection under the law, by virtue ofthe United States and Iowa Constitutions, prohibits
any unlawful administration by officers of apolitical subdivision which result in unequal application ofthe
law to those who are entitled to be treated alike under it, particularly ifthere is an element of intentional or
purposeful discrimination. See, City of Wapello v. Chaplin, 507 N.W.2d 187,189 -190 (Iowa App.
1993). Are all similarly situated persons so inspected and sent repair notices?
3. Further, an ordinance with affects the use ofthe property so as to diminish its value can result
in an inverse condemnation. See, K & W Electric, Inc. v. State of Iowa, 712 N.W.2d 107, 117 -119
(Iowa 2006).
Our client would prefer not to be in the historic district, and is now pursuing the process pursuant
to Dubuque Ordinances to seek amendment and /or recission of such designation pursuant to Section 25-
6(1) of the Dubuque Ordinances. Further, please remember that the "viability" of actions you "force" on
our client still must pass a "viability" test.
In the end, our client wants to continue to be aresponsible business citizen in the community and
to continue to operate its legal and legitimate business activity without undue interference from anyone.
Repairing the building to eliminate the alleged violations would result in significant economic
hardship to LK. At a minimum, the sum of $22,000.00 would have to be expended to repair the roof, and
other significant, but as yet undetermined sums, would have to be expended to make the other necessary
repairs. LK believes that such repairs are superfluous, as none are needed to permit the continued
operation of its business in the building. The standards to which the building are being held are inconsistent
with those that were in existence upon the acquisition of the building by LK, and will greatly diminish LK's
ability to continue to operate.
December 2, 2009
Page 3
BJK/jpk
cc: Ms. Crenna Brumwell
KANE, NORBY & REDDICK, P.C.
In previous correspondence with the City of Dubuque's Building Services Manager, we indicated
that the continued imposition of the historic building code provisions upon our client will be detrimental to
our client's business interest in the property, and will fall beyond the scope of what is permitted under the
City Code of Dubuque. This remains true today. The building will be economically nonviable for our client
if all improvements and requested renovations are made in reparation ofthe alleged City Code Violations.
As such, we again urge uponyouthat our client is eligible for acertificate of economic nonviability pursuant
to City Code section 25- 8(c)(4). Ifthis is not possible, then our client's only recourse becomes arequest
for removal from the historic district.
REQUEST
Please submit this request to the Dubuque City Council for consideration at its next scheduled
meeting. If LK is not deemed economically nonviable, then it formally requests removal from the historic
conservation district. LK requests that the undersigned be informed of any scheduled hearing dates
regarding this matter. If you have any further questions or concerns regarding this matter, please do not
hesitate to contact us. Thank you.
Best regards,
KANE, NO Y
By:
K, P.C.
I6ise data prhvided byDUbUgie `
Legend
Brewery Neighborhood
Broadway Street Neighborhood
Downtown Neighborhood
Fenelon Place Neighborhood
f I Fourth Street Neighborhood
Jackson Park Neighborhood
Third Street Neighborhood
Washington Street Neighborhood
West Eleventh Street Neighborhood
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HADB: 31 - 018 The Heritage of Dubuque A Prersidnary Study of Historic preservation Needs and Opportunities
HAD 31 - 044 The Heritage of Dubuque An tirehltectural View
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1C.ORIsimit. SITE
, DESCRIBE THE PRESENT AND ORIGINAL OF KNOWN) PHYSICAL APPEARANCE
The original, tit-building brewery complex consisted. of 224,500 square feet of floor
space. Ryas built around an open court (95' x 100') and covered nearly three
acres. The foundation, twelve feet deep and twelve feet wide at the bottom, is
make of large overlapping stones on a bed of concrete to prevent settling. 800
tons of iron and steel were used in the buildings; the floors are steel, supported
by heavy iron plets. No *wee:Ives used in the structural units of the buildings.
Of the original complex five structures are included in this nomination, and are
the only ones which retlin their original character:
1. Office building, corner of 30th and Jackson Street. A seven-story structure
surmounted by two towers of 30 feet each. It has galvanized iron cornices and
a slate roof. Frontage is 62 feet, depth 40 feet.
2. NaChinery house, facing Jackson Street. A 4h-story structure, 50h' x 50'.
It is connected to the office building by a stone, arched, entryway into the court-
yard.
3. Brew House, abuts Madhinery Muse. Five stories high, with floors of
rock asphalt laid on steel beams. Has an open center court with skylight. Dimension
are 54' x 52'.
4. Mill House, abuts Brew House. Dimensions 25' x 52'. Has a brick chimney
on an octagonal base, otiginally 175 high but now considerably shorter.
S. Stock House or Cooler, attached to rear of office building. Has five
stories and basement. Its open interior features brick arches on iron piers.
Megan facade of this brewing complex is suggestive of the Richardsonian style.
The first floor elevation is faced with cut stone, while brick is used for the
remainder. The ROmanesque arch is everywhere apparent. It is featured irwide,
heavy entrances and windows on the first floor, and again in brick arcades of
varying heights above; empbasixed by outlining the arch shape in light brick. Straig
topped windows are also 'used, separated vertically from one another by decorative
brick panels. Wide, Segmental arches on buildings 2, 3, and 4 contribute to the
variety of window. shapes.
Extensive corbelling below the cornice line and many pinnacles atop towers, turrets
(both round and square), provide additional decorative detail. Building #1 fea-
tures corner pavilions ending in square, aansard-roofed towers with pinnaclei dor-
mers. The tower of building #4 has a. pyramid roof and very small, circular dormers.
Each of these towers is set off from its base by a wide, rounded arch of stone
which narks the top of a pavilion arcade.
Behind this elaborate front, the brewery buildings become largely utilitarian in
design. A few pinnacled corner pilasters, along with corbelling, wall pilasters,
and the scattered use of the three window shapes (round- and segemtnal-arched, and
rectangular) on building #5.
The interiors of buildings 1-5 exhibit few clues as-to their original function.
They have been used for general storage for many years, with a concomitant loss
of the machinery once found in them. Generally speaking, only the exteriors
of these buildings remain to illustrate the original design and character of the
.brewing complex.
SEE CONTINUATION SHEET
PAGE 04/10
03f05/29e4 13 :45 5152820502 9-5!
kmr ea.1 0000.
IR 1G-74!
UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
NATIONAL REGISTER OF HISTQRIC;PLACES
INVENTORY -- NOMINATION FORM
Dubuque Brewing and Malting Company buildings, DLibuque, DubbugUe County, Iowa
FOR NP5 USE ONLY'
RECEIVED •
DATE ENTERED
CONTINUATION SHEET .. ITEM.NUMaER 7 PAGE
PAGE 95!10
•
Five other. buildings ,(listed below) were part of the original complex. Four' are
extant, but have experienced extensive alterations and additions which have
destroyed their basic architectural and historic integrity.
6. Coal Room, east of and ajoining the Boiler House.
7. •Racking house across the courtyard from the Stock House.. Two stories,
connected with the Stock House by a tunnel. Dimensions are 40' x 105'.
8. Wash House, adjacent to Racking. House. Two .stories, 54' x 105'.
9. Bottling works, eastern coiner of the lot, connected to the Stock House
by a tunnel. Two stories, 75' x 180'.
10. Barn, north of Bottling Works. Two stories, 65 x 138'. Space between
the Barn and Bottling works was covered by a roof, and served as wagon shed and
wagon wash. This structure was destroyed by the 11 pr Company, and replaced with
a two -story brick structure which .serves 'as office space for this firm.
No exterior structural alterations have been made to the buildings facing Jackson
Street (buildings 1 -4) The bottling works° and wash house are occupied by the
Unique. Balance Company. A railroad spur to the center of the inner court enters
from the north corner of the complex. Acreage covered by buildings 1 -5 (those
included in the nomination) is approximately 13.
03/05/2064 13:45 5152620502
PERIOD
= PREHISTORIC
_ HOC- ;499
. Efio-1 sgs
—11300,10E9
—17004139
A C IR00-113B11
SIGNIFICANCE
AREAS OF SIGNIFICANCE -- CHECK AND JUSTIFY BELOW
—ARCH EMORY- PREHISTOMC —COMMUNITY PLANNING ..j.,A_ pm RCHITECIV RE
:....ARCHEOLOOY,HISTORIC • LCONSERVATION
—ACM CLILTURE —Et:CHOWS _LiTERATURE
_ARCIHTECTURE ....EDUCATION —MILITARY
—ART
—COMMERCE . —10tPLORATIONMETTLEMENT —PHILOSOPHY
_.h1Le0C
—ENclifiEERING
-_COMMILINICAlIONS -NNDIATRY - ,POLITICSMOVERNIOPfr
SPECIFIC DATES Louis Lehle
caskolex completed 1895
STATEMENT OFSIGNIFICANCE
Towers, turrets, pinnacles, and Itichar.dsonian arcading and use of materials
extend .the Significance' of this c.- .beyond.' that - of a merely good . example
of brewery design. Histerically; - e DubuqUe and Malting buildings
represent a once-major intilmtry in..Duhoqt.te the years of ti.:troperation. (18954
1916) seeing no fewer than nine such brewries.at work at the same time.
The Dubuque Brewiig and Malting CQmpany was incorporated 14 April, 1892, with
a capital . of $150,000, later increased to $250,00(h • The new company was a
merger of f.onr -other Dubuque' breweries the-Heeb, Iowa, Western, and Nor—
thern -- and contributed to the city's reputation as the major brewing center
of the upper 'Mississippi Valley.
Louis Lehle, a Chicago, architect and brewery designer, .drew the plans, and Fridolin
Herr, Sr. a prominent and sculptor, was engaged
to superintend all phases of the breweiy's construction. The entire complex
Was Completed by 1895, the cost of building and equipoent $500,000.
The enactment of prohibition in Iowa forced the Closing of the brewery in 1916.
The capacious buiIdlugS were acquired .4 few years later by the' Corn Belt Meat
Packing ,Company, followed by H 4 W Motor Express ln 1930. In 1934, A.F. Heeb, one
of the partners in the original Dubuque Brewing and Melting operation„ attempted
to revive the business, but.by 1940 H 4 W had toyed back to the plant.. It has
since been used for. general storage.
N.
PAGE /10
_RaiGION
—saw;
_scuurfung
—SOOsAL1HUMANITAFHAN
—THEATER .
—ntAMSPOPTATION
_OTHER TEMPI) '
•
•
•
03/05/2004 13:45 5152928502 SHSI
1131MAjORB1Bhi1 RAPHICAL R RENCES
The. Duhuque 'Herald , 30 Oct. 1895.
Oldt and Qui=y. , •Ue County History, 1911. •
"The Dubuque Brewing. Malting Company', illustrated guidebook issued at the opening
• of th e brwey in :1895.
DubuOUe Tele p -Herald, 13 July 1917.
Sanborn dire nsuTance Nap, Dubuc*, 1099.
GEOGRAPHICAL DATA
ACREAGE A*3lEAGEOPWOMA1EbPflOEflTY anProx• 11/2
tnat REFERENCES
AI 1, 51 1 61 9, q 6, 4, 1,„ Ct 4, 01
ZONE EASTIN • NORT I
• 11 f I
E
sami
STA
A
N ART DE
LIST ALL STATES AND COUNTIES FOR PROPERTIES OVERLAPPING STATE OR COUNTY *BOUNDARIES
CODE
///•■•■••■■•■■•./MO■
MFORM PREPARED BY
NAME / TiTLE
Helen Mercer
Historical Society
TEtEPHO
ORGANUATION
Dubuque Coun
STREET & NUMBER
• 2241 Lincoln Avenue
• CMOS TOwnt ,
Dtibmgue
IESTATE HISTORIC PRESERVATION OFFICER CERTIFICATION
- THE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STATE IS
STATE X
•NATIONAL—
eOutrlY
ZONE EASTIN
1.-1-1 I I
pAte' .
E
PAGE 07/
ICJ I 1
NORTHING
CODE
CODE
STATE'
Iowa
LOCAL
q.
31. As the designated Stale Historic Preieroation Officer for the National Historic Preservation cia 1960( IC Low 89•565). I
• hereby nominate this property for Ind/Jelin in the Netionei Register end certify that it hes boon evaluated eceording to the
*F
III 4. criteria end protardirries *et forth by the National Park Seiviee.
STATEBISTaluc REsER OF/TCen WOE
TITLE Director, Division of Historic Preservation DATE 7 January 1977
wit,41.!,5919,ug. , t
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41 F - THEtai4TIEENALKEGIS4E.R 4 'ktria-ot:
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amtle FicIROHEOLOGY!Ario:tusivaiggRE.qEn4719/4:
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03/05/2004 13:45 5152820502
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01311
PAGE 08/10
•
The Honorable Mayor and City Council
City of Dubuque
50 W.13 Street
Dubuque, IA 52001
n
operties
in Street
ue Iowa 52001
November 10, 2005
Dear Mayor and City Council Members:
I am requesting that the City Council establish a Conservation District at the former Dubuque
Brewing and Malting property at 30th and Jackson Streets. I have included a map of the
Conservation District.
These buildings are among the most significant structures on the north end of Dubuque. They are
worthy of the City Council's review and protection.
These historic buildings are in danger of demolition. I ask that the City Council act as quickly as
possible to protect these buildings.
Thank you for your consideration. Please contact me at 557-7010 if you have any questions or
would like to discuss this proposal.
n
(0
Conservation District #9
Brewery Neighborhod
7 /
2 t
TO: Michael Van Milligan, City Manager
FROM: Laura Carstens, Planning Services Manage
RE: Former Dubuque Brewing and Malting Company — Propo
Introduction
Developer John Gronen has filed a formal request for the establishment of a Conservation
District for the H & W property at 30 and Jackson S its (formerly kn as the Dubuque
Brewing and Malting Company). A copy of Mr. Gronen's request is enclosed.
Mr. Gronen also is requesting a letter of support from the Historic Preservation Commission for
establishment of the Br t ay Neighborhood Conservation District. This request will be
considered at the Commission's November 17 meeting.
Background
The Planning Services Department has been notified by Jerry Enzler, Executive Director of the
Dubuque County Historical Society, about the potential demolition of the H & W Building. Mr.
Enzler reported that the rear portion of the building may be tom down this month.
The Dubuque Brewing and Malting Company buildings were listed on the National Register of
Historic Places at one time, but were removed at the request of one of the property owners.
Discussion
Any person may make a request to the City Council for establishment, expansion or alteration of
a Conservation District.
A written request for the establishment, expansion or alteration of a Conservation District must
be submii- to the City Clerk. At its next regular meeting following receipt of the request by the
City Clerk, the City Council may approve or deny the request, set the request for consideration
at a subsequent meeting, set the - •,uest for a public hearing, or refer the request to the Historic
Preserve • Commission for a recommendation before voting on the request.
cc Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
'eavicke— F-113
MEMORANDUM
- •
Reque - Action
This information is provided for your information and further direction as needed.
Attachments
November 10, 2005
Conservation District
.1=21
MEMORANDUM
November 17, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Mil ligen, City Manager
SUBJECT: Conservation District
Any person may make a request to the City Council for establishment, expansion or
alteration of a Conservation District.
A written request for the establishment, expansion or alteration of a Conservation
District must be submitted to the City Clerk. At its next regular meeting following receipt
of the request by the City Clerk, the City Council may approve or deny the request, set
the request for consideration at a subsequent meeting, set the request for a public
hearing, or refer the request to the Historic Preservation Commission for a
recommendation before voting on the request.
MCVM/jh
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
_
Michael C. Van Milligen
MINUTES
MIMIC PR vogrion co ION
REGULAR SESSION
Thursday, November 17, 2005
5:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
ABSENT:
Commission Member Chris Olson.
PRESENT: Chairperson David Stuart; Commission Members John Whalen, Mary
Loney-Bichell, Jim Gibbs, and Chris Wand (via teleconference); Staff
Members Laura Carstens, Wally Wemimont, and David Johnson.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to order by Chairperson Stuart at 5:15 p.m.
MINUTES: Motion by Whalen, seconded by Gibbs, to approve the minutes of the October
20, 2005 meeting as submitted. Motion was approved by the following vote: Aye
Whalen, Loney-Bichell, Wand, Gibbs, and Stuart; Nay — None.
DESIGN REVIEW: Application of Mary Ransdell for a Certificate of Appropriateness to
construct and redesign a rear porch for property located at 646 Jefferson St t and
located in the W. 11th Street Historic Preservation District.
Ms. Ransdell explained the rear porch at the property located at 646 Jefferson Street
was destroyed by fire. She explained she wished to rebuild the rear porch; however,
did not wish to rebuild the shed roof. She explained the shed roof would significantly
reduce the amount of natural light allowed to enter the building. She stated the rear
porch would otherwise conform to the previous structure.
Staff Member Wernimont referenced photographs and explained the new handrail is
designed to mimic the handrail on the front porch. He expiained the application states
the new porch will be constructed of wolmanized lumber and incorporate a double hand
rail system. Mr. Wernimont stated the architectural survey for the property indicated the
shed roof portion of the porch was not original to the structure.
Ms. Ransdell also explained some of the brick must be replaced and cleaned because
of the fire. Chairperson Stuart cautioned the applicant about replacing and cleaning
brick. He strongly encouraged the applicant to reference the National Park Service
Technical Pr rvation Briefs prior to repair and cleaning.
Minutes - Historic Preservation Commission
November 17, 2005
Page 2
Chairperson Stuart also suggested the rear porch be painted. Ms. Ransdell expressed
reluctance due to maintenance issues with paint. Upon suggestion from Chairperson
Stuart, she agreed to use a pigrnent stain. Chairperson Stuart explained painting or
staining the deck will help it blend in with the surrounding character and will make the
deck last longer.
Motion by Whalen, seconded by Stuart to approve the application with the following
conditions: 1) to replace and repair the brick; 2) no shed roof replacement; and 3) porch
will be pigment stained. Motion approved by the following vote: Aye — Whalen, Loney -
Bichell, Wand, Gibbs, and Stuart; Nay — None.
DESIGN REVI : Application of City of Dubuque /Four Mounds Foundation for a
Historic District Public Improvement Program Application to install signage for property
located at 4900 Peru Road in the Four Mounds Estate Historic District (City Landmark
Site).
Jay Potter represented the Four Mounds Foundation. Mr. Potter addressed the size
and location of the proposed sign. He explained the sign will be spot lighted and
located along the rock wall at the entrance to Four Mounds.
Staff Member Johnson gave a brief overview of the property and explained the
applicants had been previously approved for $6,000 from the Historic Public
Improvement Program for the purchase and installation of directional signs and a kiosk
sign. Four Mounds is now requesting an additional $2,094 to install a 15 foot wide
commemorative sign installed along the limestone wall located at the main entrance.
Mr. Johnson added the Historic Public Improvement Program currently has a balance of
nearly $45,000 available.
Motion by Gibbs, seconded by Whalen to approve the design of the commemorative
sign and additional Historic District Public Improvement Program funds. Motion
approved by the following vote: Aye — Whalen, Loney - Bichell, Wand, Gibbs, and Stuart;
Nay — None.
ITEMS FROM PUBLIC:
St. Mark's Community Center: Staff Member Wernimont explained representatives from
St. Mark's Community Center were before the Commission to obtain feedback with regard
to work started at the Community Center. He stated the Community Center has begun to
wrap the wood elements around the windo of the building. He further explained the
representatives wanted feedback about the potential to wrap the rafter tails of the building
and replace them with soffit and fascia.
Mike Sister, member of the Buildings and Grounds Committee for St. Mark's explained they
were unaware building permits were required for windo in Historic Districts and
Minutes - Historic Preservation Commission
November 17, 2005
Page 3
therefore did not obtain one. He further explained they were unaware their building was a
historic building. Staff Member Carstens stated the building is located within a Historic
District and is identified as a contributing structure.
Staff Member Wemimont noted that he and a staff member from the Building Services
Department had met with Mr. Sister and others from the Building and Grounds Committee
for St. Mark's. He noted that wrapping windows in aluminum was not mentioned by the St.
Mark's representatives, only window replacement.
Commissioners Whalen and Gibbs both agreed the request was not an exception the
Commission has approved in the past or would anticipate doing so in the future. The
Commission Members comments were unfavorable towards the existing and proposed
work on the structure. Staff Member Carstens explained considerations for a Certificate of
Appropriateness are made on a case by case basis. Staff Member Wemimont explained
the St. Mark's Community Center was entitled to submit an application for a Certificate of
Appropriateness to allow the proposed work.
Creation of Brewery Neighborhood Conservation District: Staff Member Carstens
explained she was contacted by John Gronen, a developer who specializes in adaptive
reuse structures, about the process of establishing a Conservation District for threatened
buildings located at the intersection of Jackson Street and East 30 Street. Mr. Gronen
requested a letter of support for the creation of a Conservation District from the Historic
Preservation Commission.
Chairperson Stuart and Commissioner Wand stated they toured the H & W building
Saturday, November 12th. Chairperson Stuart said he was asked by a City Council
member if a conservation district of this size is "spot zoning ", and asked that City staff
clarify this issue with Legal staff by the time of the City Council meeting.
Chairperson Stuart explained the property is already eligible for nomination on the National
Register of Historic Places because it was previously on the National Register. He stated
the only reason it is not at this time is because a previous owner had it removed from the
list. The Commission recognized the strong historical importance of the structures to the
City of Dubuque and North End Neighborhood. The Commission recommended a letter be
drafted supporting the creation of the Brewery Neighborhood Conservation District.
Motion by Whalen, seconded by Wand to forward a letter to the City Council supporting the
creation of the Brewery Neighborhood Conservation District and forwarding an Ordinance
approving the creation of the Brewery Neighborhood Conservation District. Motion
approved by the following vote: Aye — Whalen, Loney- Bichell, Wand, Gibbs, and Stuart;
Nay — None.
ITEMS FROM STAFF:
Minutes - Historic Preservation Commission
November 17, 2005
Page 4
Building Services Dept. ® Status Report on Historic Preservation Enforcement: Staff
Member Wemimont stated the property o er of 1349 Prairie Street had applied stu • in
an attempt to repair the structure and rectify the violation, but the stucco has since fallen
off. He explained the Building Services Manager, Rich Russell, is adhering to the deadline
date of December 15, 2005 for the repairs to be done.
Staff Member Wemimont informed the Commission that a concerned neighbor had called
about construction at 970 Olive Street. Staff Member Wemimont explained it appeared the
property owner installed double -hung windows and applied stucco. He stated he sent a
letter to the property owner and they are aware they need to apply for a Certificate of
Appropriateness.
Staff Member Wernimont explained the property owner at 1145 Locust Street has been
notified of the concern with the design of the rear addition. He stated the property owner
has contacted Planning Services staff and is aware a new deadline will be set to apply for a
Certificate of Appropriateness per the Historic Preservation Commissions request.
Staff Member Wernimont stated the property at 1358 Locust Street still does not comply
with the 2 inch by 2 inch spindles as was required by the Historic Preservation
Commission. He said Building Services Manager Rich Russell will send notice of a new
deadline for the installation of the approved handrail.
Staff Member Wernimont informed the Commission there was still discussion between
Gronen Property Management and the property owner with regard to purchasing and
selling the property respectively. The property owner was instructed to notify Rich Russell
with a closing date on the property. Staff Member Wemimont stated if the property is not
going to be sold; the property owner was instructed to send a letter to Rich Russell with
explaining when the required repairs will be made.
Historic Preservation Planning Session: The Commission discussed holding a public
planning session in February 2006. They stated they wished to discuss issues they have
been working on. Some issues include how the Historic Planning Commission can
become more involved in the early stages of neighborhood planning, preservation
partnerships, and Architectural and Historical Surveys. The Commission discussed
methods to help raise awareness for the importance of historic preservation in Dubuque.
They also asked Staff to explore changes in State Legislation that would allow owners of
property not residing on the property to serve on the Historic Preservation Commission
The Commission discussed enforcement difficulties related to poorly defined blight. The
Commission stated the Demolition by Neglect section of the Historic Pr- rvation
Ordinance could more effectively be enforced if blight was clearly defined. The
Commission asked Staff to look into developing a definition for blight.
Minutes - Historic Preservation Commission
November 17, 2005
Page 5
Motion by Stuart, seconded by Whalen to have City Staff investigate the definition of blight.
Motion approved by the following vote: Aye _ Whalen, Loney- Bichell, Wand, Gibbs, and
Stuart; Nay — None.
Historic Preservation Homeowner Grant Program: Staff Member Wemimont explained the
Housing and Community Development Director David Harris suggested the Historic
Preservation Homeowner Grant Program be expanded to include non - profit organizations
providing residential facilities to HUD income - eligible tenants. Staff Member Wemimont
stated there are a number of non - profit organizations within Historic Districts that do not
meet the requirements of the Historic Preservation Homeowner Grant that could utilize the
money. The Commission determined the Historic Preservation Homeowner Grant funds
are CDBG funds and therefore would be in favor of it. Staff Member Carstens explained
an advantage of expanding the Historic Preservation Homeowner Grant to non - profits is
that the grant money will remain in the historic districts.
Motion by Whalen, seconded by Loney- Bichell to recommend changes to the Historic
Preservation Homeowner Grant Program to include non - profit organizations providing
residential facilities to HUD income - eligible tenants. Motion approved by the following
vote: Aye — Whalen, Loney- Bichell, Wand, Gibbs, and Stuart; Nay — None.
ADJOURNMENT: The meeting adjourned at 7:39 p.m.
Respectfully submitted,
Laura Carstens, Planning Services Manager Adopted
Nov 18 05 11:01a Planning Services 5635894221 p.2
Planning, Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4%4
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
plannktg@cityofclubuque.org
Sincerely,
David Stuart, Chairperson
Historic Preservation Commission
Attachments
Servicc
People Integrity R•rponsibility Innovation
THL: CITY OF
5/4-.41
November 18, 2005
The Honorable Mayor and City Council
City of Dubuque
50 W.13 Street
Dubuque, IA 52001
RE: Brewery Neighborhood Conservation District
Dear Mayor and City Council Members:
The Historic Preservation Commission has reviewed John Gronen's request for creation of the
Brewery Neighborhood Conservation District. Information regarding this request is attached.
The City of Dubuque established conservation districts to allow for the City Council's review
of demolition permits that might impact buildings of historic or architectural significance in
these districts. The City Council has appointed the Histeric Preservation Commission to
review demolition permits in historic districts, and provide recommendations as to the
historic and architectural significance of affected buildings.
Any person may make a request to the City Council for establishment, expansion or alteration of
a Conservation District. A written request for the establishment, expansion or alteration of a
Conservation District must be submitted to the City Clerk. At its next regular meeting following
receipt of the request by the City Clerk, the City Council may approve or deny the request, set
the request for consideration at a subsequent meeting, set the request for a public hearing, or
refer the request to the Historic Preservation Commission for a recommendation before voting
on the request
The Dubuque Brewing and Malting Company property has been determined eligible for
listing on the National Register of Historic Places. Establishment of the Conservation
District will allow for review of preservation alternatives for this historic property.
By a vote of 5 to 0, the Historic Preservation Commission respectfully requests approval of the
Brewery Neighborhood Conservation District and adoption of the enclo - • ordinance.
Teamwork
Prepared by: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St. Telephone: 589-4210
Returned to JearALeA03Ac1ff,M1( Address: Pity Hall, 50 W. 13th St. Telephone: 589-4120
Sec. 11-3. Permit Issuance Prohibited:
ORDINANCE NO. 63-05
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION
11-3 PERMIT ISSUANCE PROHIBITED AND AMENDING SECTION 11-4(a) BY
ESTABLISHING THE BREWERY NEIGHBORHOOD CONSERVATION
DISTRICT.
Whereas, the Historic Preservation Commission has recommended amendments
to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances
regarding conservation districts; and
Whereas, the City of Dubuque may establish conservation districts to allow for
the City Council's review of demolition permits that might impact buildings of historic or
architectural significance in these districts; and
Whereas, the City Council has appointed a Historic Preservation Commission to
review demolition permits in conservation districts, and provide recommendations to the
City Council; and
Whereas, the City Council finds that the recommended amendments to Chapter
11 are consistent with the goals and objectives of the City's Comprehensive Plan and
the purpose and intent of the City's Code of Ordinances; and
Whereas, the subject property has been determined eligible for listing on the
National Register of Historic Places.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-3 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following new paragraph (b):
1
Attest:
(a) The building official of the city is hereby prohibited from issuing a building permit
for real property for which action has been initiated for a change in the zoning
classification of the property or a text amendment of the zoning or subdivision
ordinances. The prohibition shall be from the date of the filing of the application with
the planning services department until the date of final action of the city council upon
such zoning reclassification or text amendment, including publication as provided by
law where the reclassification or amendment is adopted by city council.
(b) The building official of the city is hereby prohibited from issuing a building and/or
demolition permit for real property for which action has been initiated for
establishment, expansion or alteration of the property as a conservation district. The
prohibition shall be from the date of the filing of the application with the city clerk until
the date of final action of the city council upon said application, including publication
as provided by law where the establishment, expansion or alteration of such district
is adopted by city council.
Section 2. Section 11-4(a) is herby amended by adding the following new
paragraph (9):
(9) Brewery Neighborhood; Lot 2-7 of Mineral Lot 322, Lot 1-1- 3- 8 of Mineral Lot
322, and Lot 2-1 of Liebe's Subdivision No. 3 in the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 21 day of November, 2005..„
..--
7 .
c-- .
, - Jeanne F. Schneider, CI=
City Clerk
Terr nce M. Duggan, Mayor
2
Nov 18 05 11:01a Planning Services
KEY
5635894221
Brewery Neighborhood
Conservati n District
Brewery Neighborhood Conservation District Boundary
— 1 Buildings
Str ts
Subject Parcels
N
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NOM
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F r
� � _ IIi iitif;. nE jil Ii (..u1; ; 114 ;i � �! if'� "�iWI.:.I
David Johnson - 3040 Elm Street
From: "Terry Mozena" <TMozena @premierbanking.com>
To: "David Johnson" <Djohnson @cityofdubuque.org >, "David Klavitter"
<klavitter @gmail. com>
Date: 02/16/2010 5:49 PM
Subject: 3040 Elm Street
1 am writing this letter to express my concern for removing 3040 Elm Street from the Conservation District. This
building needs to kept in the district to insure that it is not allowed to deteriorate further. This is a Dubuque
landmark and deserves to be treated as such. I would also request that the HPC receive a copy of the last
building inspection and require the City of Dubuque to enforce the building codes ordinance. If the building
inspection is over one year old, a new inspection should be complete by the building department and all
deficiencies resolved in a timely manner, 6 months.
If you have any questions please call me at 563 - 542 -2866
Sincerely,
Terry L. Mozena
1036 W. 3 Street
Dubuque, Iowa 52001
Ps...I wanted to send this to all the HPC members but could not find their emails on the city web site...
Page 1 of 1
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