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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: c f R, co vrv IN ~ IOWA DISTRICT CZTY OF DUBUOUE, IOWa, 2083F£~_6 Plain~,~)n..~ ~ ~,~. ~u~,~C~ 01311 CICV0 ~ q ~ ~ ) 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~'