Demolition 280 Locust CooperPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
CERTIFIED MAIL
February 13, 2003
Scott Newoehner
Cooper Acquistions L.L.C.
299 Main Street
Dubuque, IA 52001
Subject: Demolition Permitfor 280 Locust Street
Dear Mr. Newoehner,
Planning Services staff has received a copy of the court order pertaining to the decision
between the City of Dubuque vs. Cooper Acquistions L.L.C. for failure to obtain a demolition
permit prior to demolishing the structure at 280 Locust Street.
In the court order, it indicates that Cooper Acquistions L.LC. will need to obtain a demolition
permit for 280 Locust Street, Dubuque, Iowa prior to April 15, 2003.
To comply with the April 15, 2003 deadline, Cooper Acquistions L.L.C. will need to submit a
complete demolition permit application to the Planning Services Deparbnent by 5:00 p.m. on
March 3, 2003 in order to be on the agenda for the March 20, 2003 Historic Preservation
Commission meeting. The Commission will then forward a recommendation on to the City
Council on whether or not to approve the demolition permit. The City Council would review
the demolition permit application at their April 7, 2003 meeting. If the City Council approves
the demolition permit, the Building Services Department would be able to issue a demolition
permit on Apdl 8, 2003.
I have enclosed a demolition permit application and a copy of the court order.
If you have any questions feel free to contact me at 589-4210.
Sincerely,
Wally Wernimont
Assistant Planner
enclosures
CC Historic Preservation Commission w/o demo permit application
Rich Russell, Building Services Manager w/o demo permit application
Planning Services Department
City Hall
50 West 13th Street
(563) 589-4210 office
(563) 589-4221 fax
planning@cityofdubuque.org
April 22, 2003
The Honorable Mayorand City Council Membem
City of Dubuque
City HalI-50W. 13th Street
Dubuque, lA 52001
RE: Request for Demolition Permit
Applicant:Scott Neuwoehner/Cooper Acquisitions, EEC
Location:280 Locust Street
Demolition District:Downtown Neighborhood District
Description:To demolish former Martin Gas Station to provide parking for
Bricktown Brewery Complex
Dear Mayor and City Council Members:
The City of Dubuque Historic Preservation Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your
review.
Discussion
Tammy Thomas, representative for Cooper Acquisitions L.L.C., read a statement from
Scott Neuwoehner and Greg Phrem which was in favor of the request to demolish the
structure and noted the building does not have historical or architectural significance
because the age of the structure was less than 50 years and the type of construction.
Mr. Neuwoehner and Mr. Phrem were not in attendance.
Staff reviewed the application and staff report, noting that the structure has already
been demolished and the applicants are seeking approval retroactively. She noted
that the lack of historical and architectural significance of the property based on 1979
Kriviskey survey, type of construction, and age of the building.
The Histodc Preservation Commission discussed the request, noting that the building
is less than 50 years old and has no architectural Or historical significance.
Recommendation
By a vote of 5 to 0, the Historic Preservation Commission recommends that the City
Council approve the request due to the property not having architectural or historical
significance.
Service People Integrity Ro~sponsibflity Innovation Temnwork
The Honorable Mayor and City Council Members
April 22, 2003
Page 2
A simply majority vote is needed for the City Council to approve the request for
demolition.
Respectfully submitted,
Christopher Wand, Chairperson
Historic Preservation Commission
Attachments
cc: Scott Neuwoehner, Cooper Acquisitions L.L.C.
Rich Russell, Building Services Manager
PLANNTNG APPLICATION FORM
Qb/of Dubuque
Planning Services Department
Dubuque, ~A 52001-4864
Phone: 563-589-4210
Fax: 563-589.4221
[] Vadance
l--iConditiona! Use Permit
[]Appeal
F-iSpedal Excel~don
I-iUmited Setback Waiver
r-iRezoning
i--iPlanned Distdct
[]Preliminary Plat
[]Minor Final Plat
l-'lText Amendment
Please tv~e or orint legibly in ink
[]Simple Site Plan
[-~Minor Site Plan
[] Najor Site Plan
[] Major Final Plat
[]Simple Subdivision
[]Annexation
[]Temporary Use Permit
[]Certificate of Economic NomViability
•Certificate of Appmpda~:eness
Property owner(s):
Address: ~P-~ n/to--4
Applicant/Agent:
Address:
Fax Number:
Site location/address:
Existing zoning: /'
proposed zoning: //J~ Hi~odcDistrict: ,JV~ Landmark: .~0
Legal Description (Sidwell parcel ~:~# or lot number/block number/subdivision):
Totalproperb/(lot)area(squarefeetoractes): 2.s- a /;
Describe proposal and reason necessary (attach a letter of explanaUon, if needed):
CERTiFICATiON: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:
FOR OR. CE USE ONLY - AppI tCAT~ON SUBM/"rrAL CHECKL/ST
Fee: . , . Received by: /~ t~J~./-~)vt~. Dam: Docket:
I--]Site/sketch plan [] Conceptual Development Plan [-]Photo / []Plat
r-[Improvement plans []Design review project description []Floor plan []Other:
DESCRIPTION OF PROPOSED PROJECT
(use additional pages as needed)
Please describe your project, indicating the existing materials and their condition
and the reason for the proposed work:
Have you considered any other alternative remedies to solve your problem or
meet your needs?
Please indicate the type of construction materials to be used in this project:
What is your timeline for completion of the proposed project?
Will you do the work yourself, or use a contractor? Please provide name of con-
tractor.
Any other information or comments?
ARCHITECTURAL
ARCHITECTURAL
Bricktown Brewery Complex
Dear Members of the Historic Preservation Commission,
This letter is submitted along with other documentation as formal apptication for
obtaining approval of a demolition permit for the struture located at 280 Locust
Street.
Research has shown that this structure is roughly only 40 years old and was
erected to replace the original existing structure. The "station" was made
exclusively of concrete block which would not be considered a true "historic"
construction material.
Since the structure was built prior to the 50 year marker used to establish
historic properties and was not the original building erected on the site, it is my
opinion that the building has no historical significance.
We respectfully ask that the commission approve the application for demolition
and make a similar recommendation to the council,
Sincerely,
Scott A. Neuwoehner
The Cooper Companies
Tammy /_ Rhomberg
299 Main Street · P.O. Box 3038 · Dubuque, Iowa 52004-3038
563-582-0696 · Fax 563-583-6461
Tammy@BricktownDubuq ue.com
OZT¥.LOT E 20'~*'
10- Z5-276'~01 C '(1~)
L 6077C
............. 9 ~
TOTAL 9.~
.......... 10.25-276-001 C (18)
L: 71.710
............. 0 B: 40,~0
.......... 1 D: 0
........... TOTAL:
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IN ~ IOWA DISTRICT
CZTY OF DUBUOUE, IOWa, 2083F£~_6
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)
PIN: ) ORDER
~.. ~. ~e%~ant. )
O~
this
date,
th
defendant:
~e appeared and a~itted the
violation.
failed to appear and is found to be in default.
appeared and denied the violation.
liT IS THEREFORE ORDERED TI~T:
A separate written Order will be prepared.
A civil penalty of $ ~SO is assessed together '
with court costs of $ -7/ The total penalty
and costs in the amount of $ ~J. oO are due on or
before 0 ~/~6 / O~
IX IS PI~T~ER O~)EKE~ that if the Defendant has not fully
compl%ed with all requirements of this Order, including full
payment of all amounts due, she/he shall appear on the 2nd
Floo~)f t~e ~ubuque County Courthouse on
O JII~/O-X , at 1:15 p.m., to show cause why
She/he should not be punished for contempt.
FAILURE TOAPPEARMA~ KESULT IN'HE DEFENDANT'S ARREST~
PLEASE SEE R~:V~:RSE FOR FURTHER INFORMATION.
Hearing is set for , at
at the Dubuque County Courthouse, 720 Central Avenue,
Dubuque, Iowa.
.m.
If you require the assistance of auxiliary aids or services
to participate in court because of a disability, immediately call
your district ADA coordinator at (319) 589-4448. (If you are
hearing impaired, call Relay Iowa TTY at 1.~35-29~42~. _
DEMOLITION STAFF REPORT Meeting Date: March 20, 2003
Property Address:280 Locust Street
Property Owner:Cooper Acquisitions L.L.C
Applicant:Scott A Neuwoehner
Project:Demolition of Martin Gas Station
Demolition District:Downtown Neighborhood
Style: None
Present Land Use:Parking Lot
Landmark: No
Funding: No Date Built: 1963
Existing Zoning: C-4 Downtown Commercial
Physical Characteristics: According to the City Assessor records, the structure's
foundation and walls were constructed of concrete block. The building had a fiat roof
that was covered with asphalt.
Property History: According to the Building Permit records and City Assessor records
the concrete block structure was constructed in 1963. According to Sanborn Fire Maps
and Building permit history, the structure built in 1963 replaced a filling station that was
constructed in 1940. The 1963 structure was demolished in June 2002. The property
currently serves are a parking lot for the Bricktown Brewery Complex. The Cooper
Acquisitions L.L.C. has received approval for the parking lot site plan.
Staff Analysis: The applicant is seeking Historic Preservation Commission approval
retroactively for the demolition of the former Martin Gas Station. The gas station was
demolished in June 2002 prior to receiving approval from the Historic Preservation
Commission and the City Council. Initially, the property owner Paul M. Fahey and the
demolition contractor Drew Cook were cited for failure to obtain a demolition permit.
Cooper Acquisitions L. LC. accepted the blame for the previous property owner and
demolition contractor who failed to obtain the demolition permit. On February 6, 2003
Cooper Acquisitions L.L.C. stood before the Iowa District Court for Dubuque County and
admitted to the violation of the demolition district ordinance. The Court ordered Cooper
.Acquisitions L.L.C. to pay the civil penalty and to obtain a demolition permit for 280
Locust Street prior to April 15, 2003.
Based on the building permit history, Sanborn fire maps and the City Assessor records,
the structure was constructed in 1963 and is only 40 years old. The structure has not
yet made the 50-year age when structures are to be considered historic. The 1979
Bruce Kriviskey architectural survey identified the structure as being non-supportive.
Demolition Request: 280 Locust Street
Page 2
The City Code provides for the Historic Preservation Commission to review the
demolition request, and then to make a determination as to:
(1) whether the building has historic or architectural significance to the community, and
(2) whether denial of the proposed demolition would prevent the property owner from
earning a reasonable economic return.
If the HPC finds that one or the other of these criteria is not met, then the Commission
must recommend approval of the demolition request. If the HPC finds that both of these
criteria are met, then the Commission must recommend denial of the demolition
request. The Commission's recommendation goes on to the City Council for final
action.
Prepared by: eviewed: Date: ~ ~ I I~'