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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 W v '-'3'!)° .l` , lQ o ,' d! 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 0 C "-- 0 _Q 7 6 0 > = 4 tD uD rn c i .> m Fri 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 Conservation District.Mp H:Plannin. Services /Conservation District/Pro'ects /Conservation District Ma. 5- 5- 2006.mxd 83M/2=54 13:45 5152820582 Site Inventory Form State Historical Society of Iowa Ora/244002 POW hem Patebese 1. Nameof Nato*** - other name street& nurritier:1002 Jackson IA _3000Aggismiit City: Whilst* Legal Description: (if Rural) (if Urban) Subdivision: Historic Fur.ictions • 111 - L1 .11 C /1. Current functIona COMMEMOUNkai 7. Description Archnectural Classifitation LatentzkoLgsmismia Materiels Foundational Wags Wm' k ROotAsulialt Other. • 8. Staternent of Significance Applicable tkitienal -Register Criteria y k Significant Events g B: Signitibant PereOrte. • C AnIbiteetureitbecacteristics • 14 D: Rtcbaogy (Y=Yes NW4G Wax e Research Recommended) Area Of SignifiCaribe ittAB110 friAtistfT. Significant P.erson: mei*: 14 county: SHSI NR Status* $P -19 Inventory ff: 31-0 Lit48LBILHHE 4010108Andbilliv gAdolgagacibikt sHP0 • tart wF.19m BPS- 1618 In District Review &cambium fn NRHP Listed:son-Edantlig • Nori•Extant Year. gagaRgitmESHE . • - 1 Block: & Classffication OategorY Of ProPetty: Number •of Resources within Property 141110001 Contributing: ton -- 5 4 139S A A. Ses II 0 Structures P. 0 Object Loh - Names of related survey or MPS A a Total HADB: 00- 021 lowa's Grit River Road Cultural and Natural Resources: History and Architecture HADB: 31 - 018 The Heritage of Dubuque A Prersidnary Study of Historic preservation Needs and Opportunities HAD 31 - 044 The Heritage of Dubuque An tirehltectural View 0. Function or Use Criteria Considerations k Religious institution e: Moved 0: Birthplace or Grave 14 D: Cemetery Architect Builder: lahh-tinal Herr. WEL N E Reconstructed • CommetnorativO Properly N 0: Less than 50 Years of Age Significant Dates CansbuthanYeff: Other ormer. PAGE 02/10 ••■•■•■■•••.* 10. fieographle Data UTM References IMMON01410 Photo/Side: Roll/5MM •Frarne Slot Year Photo/Side; RolliStssebt Frame Slot Tear: • E 1421 . 2I 1IZ �3/5/2��4 13:45 5152E320502 Form Mo. 10400 0 141 U WO' NITEPSTATES DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE NATIONAL REGISTER OF HISTORIC PLACES INVENTORY NOMINATION FORM viwww■assezes•■■■■=e SEE INSTRUCTIONS IN HOW TO COMPL,E T E NAVONAL A. FORM$ TYPE ALL ENTRIES COM ?ME APPLICABLE SECTIONS NANIC ■■• HISTORIC. AND/OR COMMON 4 W Motor LOCA ON . STREET El SUMER 30th and Jackson Streets CITY:TOWN DubuOue . STATE CATEGORY —DISTRICT __.sinuciusta —SITE ...OBJECT ("OWNER OF PROPERTY NAME Hass and less STREET NUMBER • towN STREET & NUMBER COURTHOUSE REGISTRY OF DEEDS ETC, LOCATION OF LEGAL DESCRIPTION ' CITY. TOWN maw REPRESENTATION IN EXISTING SURVEYS tou OATS DEPOSITORY FOR SURVEY REcokos CITY.TOWN 3000 Elm Stree ress OWNERSHIP X PRIVATE _km Puauc ACQUISITION - PROCESS 91.11KG CONSIDERED 720 Central Avenue act VICINITY:0F - CODE ' STATUS ) S.-04xnitad ....UNOOCOPIED ...WORK IN PROGRESS ACCESSIBLE . —YES: UNRESTRICTED X.NO Dubuque Cbuntv Courthouse iid ...NOT FOR PUBLICATION CONGRESSIONAL DISTRICT Second ' COUNTY ...AGRICULTURE Z.COMMEROAL ...EDUCATIONAL —ENTERTAINMENT _GOVERNNIENT —INDUSTRIAL STATE ...FEDERAL ...STATE .—COUNTY —LOCAL STATE ue P PAGE 03/10 • CODE PRESENT USE Nib --MUSEUM _PARK --PRIVATE RESIDENCE --RELIGIOUS _SCIENTIFIC —TRANSPORTATION —.OTHER: 'A jau 1 (b d.14 03/05/2004 13:45 5152820502 SFEI • CONDITION CHECK ONE EXCELLENT ETERI OEM ED _UNALTERED X.0000 —AUMS .NALTEN(D -1AM LLMECKMED. CHECK.ONE 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 I CE.4! . 0 6114 pt AN. 41/ t; tia Mt. tr.; PiitetP13.. 40- , , , .„ • ••* • . , • •iid-OS,:i0ilikifftrqt).41*XPrs.!'':/1.t • • V,: l' NVe 4 :41 t N i i , . r hlif 4L 1 ' . 4 414 torpt4,4i114).4 • 41 F - THEtai4TIEENALKEGIS4E.R 4 'ktria-ot: , " totr,toMfoiltti " :414,4 amtle FicIROHEOLOGY!Ario:tusivaiggRE.qEn4719/4: takrg WgfLiffINOV/ItlitiA • 4.,...1.4V..aimiNt44.11maiscif s O . 119Z4 455 03/05/2004 13:45 5152820502 4 1 • • .0 i�'' �'•ntirc , • 1 • �y . 1 . 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 P ®5 NOM ■■ Fill' g It! ru 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 This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e -mail. Please notify the sender immediately by e -mail if you have received this e -mail by mistake and delete this e -mail from your system. E -mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e -mail transmission. If verification is required please request a hard -copy. file: / /C: \Documents and Settings \djohnson \Local Settings \Temp \XPgrpwise \4B7ADA9D... 02/22/2010