Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Final Plat of Survey - Heim's Place
Copyrighted June 15, 2020 City of Dubuque Consent Items # 6. ITEM TITLE: Final Plat of Survey - Heim's Place SUMMARY: Zoning Advisory Commission recommending approval of the Final Plat of Survey for Lot 1 and Lot 2 Heim's Place (between 9th and 8th Streets below Hill Street) subject to waiving the required lot frontage for Lot 2. SUGGESTED DISPOSITION: RESOLUTION Approving the Plat of Survey for Heim's Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation Resolution Resolutions Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Donald and Angela Heim; Buesing and Associates, Inc Location: 590 University Avenue Description: To approve the Final Plat of Lot 1 and Lot 2 of Heim's Place. Dear Mayor and City Council Members: Dubuque heal AII•AneriII vax xv[ra-i 11111, 2007.2012.2013 2017+2019 June 3, 2020 The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Tom Koelker of Buesing & Associates spoke on behalf of the applicants. He noted the plat involved shifting a lot line to the east so a driveway can be located solely on one lot. Planning staff said that the request is to subdivide two lots under common ownership by shifting the common lot line between the two properties approximately 8 feet to the east. Staff said that by shifting the lot line the lot frontage for Lot 2 would be reduced to 39.98 feet, below the 50 feet minimum required in the R-3 Moderate Density Multi -Family Residential district. Staff said that the lot reconfiguration would also reduce the lot area from 3,000 square feet to 2,681 square feet when a minimum of 5,000 square feet is required. Staff noted that on May 28, 2020 the Zoning Board of Adjustment approved a Special Exception for the reduced lot area. Staff noted that the applicant's intent is to shift the lot line so that the driveway between the two residences would lie solely on Lot 1 thus eliminating the encroachment and facilitating sale of both properties. Staff recommended approval of the Final Plat of Lot 1 and Lot 2 of Heim's place subject to waiving the required lot frontage for Lot 2. Commissioners discussed the request and agreed that the replat would have little impact on the adjacent properties. Service People Integrity Responsibility Innovation Teamwork Final Plat of Lot 1 and Lot 2 of Heim's Place Page 2 Recommendation By a vote of 6 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving the required lot frontage for Lot 2. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Total property (lot) area (square feet or acres): 6,439 sq fit 0\.,\ tb11'0 t)) Masterpiece on the Mississippi ❑Variance ['Conditional Use Permit ['Appeal Especial Exception Limited Setback Waiver ❑Rezoning/PUD/ID Dubuque AA-Aee3rip i ih 2007.2012.2013 2017*2019 PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat ❑Minor Final Plat ❑Simple Site Plan Minor Site Plan ['Major Site Plan [Simple Subdivision ❑Text Amendment Temporary Use Permit ❑Annexation DHistoric Revolving Loan ['Historic Housing Grant Please type or print legibly in ink Property owner(s): Donald and Angela Heim Address:596 University Avenue Dubuque City: q Fax #: Cell #: 563-564-1226 E-mail: City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plannincaa citvofdubuoue.orq ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non -Viability ['Historic Designation ['Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Phone: 563-583-1601 State: IA Zip:52001 Applicant/Agent: Buesing and Associates, Inc. Phone: 563-556-4389 Address:1212 Locust Street city: Dubuque IA Zip:52001 State: Fax #:563-556-6717 Cell #: E-mail: jmsimon@buesing.com Site location/address: 596 University Avenue N/A Neighborhood Association: Residential Residen Existing zoning: Proposed zoning: District: N/A Landmark: El Yes ©No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):Lb`" ..I } LD'' 1I*22 OJ) aJ Describe proposal and reason necessary (attach a letter of explanation, if needed): Reconfiguring the lots so the existing driveway will be completely located within the new boundaries of the west lot. Council review is required as the street frontage requirement is not met. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner Applicant/Agent: FOR OFFICE USE ONLY — APPLICATIO Feel Received b Date: Date: `i I ia ) 'Lb 2O Date: Docket: NOTE THIS SURVEY IS COMPRISED OF: LOT 2-15, LOT 21 & LOT 22, ALL OF OUT LOT 703, IN THE CITY OF DUBUQUE, IOWA ---� UNIVERSITY AVENUE (64' ROW) N 88'41'08" E 92.50'(92.50') 1/2" PER BOOK J PAGE 219 & ROD IIW UNRECORDED PLAT 42.50'(42.5') PER BOOK J PAGE 219 & IIW UNRECORDED PLAT ROW NORTH 100' OF LOT 14 OF KELLY'S SUBDIVISION 50.00'(501 PER BOOK J PAGE 219 & IIW UNRECORDED 5 z 5/8". ROD LOT 2-1-15 OF KELLY'S SUBDIVISION LOT 1-1-15 OF KELLY'S SUBDIVISION PLAT O oa pw Lc!o 00 O 0 w re 3z N � 1-re oa z r LOT 1 OF BEADLE PLACE A/K/A/ BEADLE PLACE PROPERTY LINES & PINS OF LOT 2-16 & LOT 2-1-16 OF KELLY'S SUBDIVISION PER BOOK 24 PAGE 403 ■W/AI W/AI 1"IP 0' 20' 40' SCALE: 1" = 40' LEGEND • 0 ROW CL -CL IP SF W/AI OL 80' 1"IP 4.08' (5.50') LOT 2-16 OF KELLY'S SUBDIVISION FOUND 1/2" ROD W/YELLOW CAP #14417 (UNLESS OTHERWISE NOTED) FOUND 5/8" ROD W/YELLOW CAP #4016 FOUND MAG NAIL FOUND 5/8" ROD W/RED CAP #12631 COULD NOT PLACE DUE TO LANDING IN BUILDING PLACED CUT X PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED 'KOELKER 15487" SUBDIVIDED LINE SURVEYED BOUNDARY LINE PROPERTY LINE RIGHT OF WAY LINE CITY OWNED LOTS BUILDING FOOTPRINT IRON PIPE SQUARE FEET RECORD DIMENSION WITH ANGLE IRON OUT LOT 0 2 LOT 2-1-20 \ OF OL 703 INDEX LEGEND Location: Heim Place NW1/4 of Section 25, T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Donald Heim Proprietor Donald D. & Angela M. Heim 596 University Avenue, Dubuque, IA 52001 Surveyor: Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesing.com (563) 556-4389 S 7302_44 f S 0 (20436) 3LO 34„ f , OU ,�• y=OCR m N34'03'18"E lir?%kLOT1 1M SN .�� (16073) 0.086 ACRES' o yc� (17.83') 3,758 S Z Z 4 A:t ' 0 T liOT 703 h et, .a 10•. n • 0� ENO '0t% 1"IP b,d 7.21' rn 0 A • EXISTING BUILDING Z • LO T LOT St, OUT LOT2 5.17' o o 0.062 ACRES 'O• 2,681 SF LOT 1-16 OF OUT LOT 703 0' 'Oa 3.85' (3.85') LOT 1-15 OF OUT LOT 703 O i ckcol 16D� \\\\�0011 I I II III //�i�irrrri ° SL psi ; TERRY L. , "11° KOELKER a ° 15487 %****,, ' LOT 2-14 OF OUT LOT 703 PREPARED BY: BUESING & ASSOCIATES ADDRESS- 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa JCL 130\ `i\ ` mac[ \ \ \CC \\ o r C4 \ O \ LOT13 OF G„A OUT LOT 703 EXISTING PROPERTY LINES PER DOC. #2017-10952 & DOC. #2017-10953 & IOWA DISTRICT COURT CASE NO. EQCV107990 FILED JULY 31, 2019 C. NOTES EXIS TING BUI LDING 4- Q BRICK BUILDING CORNER AT GROUND LEVEL mPy � � 1 ^O� o SCALE: 1"=20' BRICK BUILDING CORNER AT GROUND LEVEL 2.05' BUILDING ENCROACHMENT ASSUMED EXISTING COMMON WALL BUILDING BRICK BUILDING CORNER AT GROUND LEVEL IS ON PROPERTY LINE . ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. TOTAL AREA OF PERIMETER SURVEYED IS 0.148 ACRES (6,439 SF). 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. UESING I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME ASSOCIATES INC. OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY ENGINEERS AND SURVEYORS LICENSED SUR OR LAWS OF hIE STATE OF IOWA. 1212 LOCUST 55, DUBUQUE, IA �, y 2 J 2 u L. (563) 556-4389 TERRY L 0 KER (DATE) DRAWN BY: JCH CHECKED BY: TLK SURVEY DATE: 3/31/2020 PLOT DATE: 4/29/2020 DWG. NO. 20079-01 SCALE: 1" = 40' LICENSE NUMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 3 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. 174-20 A RESOLUTION APPROVING THE PLAT OF SURVEY FOR HEIM'S PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Heim's Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 39.98 feet of frontage for Lot 2 on a public or approved private street, where 50 feet of street frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 39.98 feet of frontage on a public street or an approved private street. Section 2. The Plat of Survey for Heim's Place is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 15th day of June 2020 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Surveyor's Certificate Sheet 2 of 3 Dubuque, Iowa I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 2-15, Lot 21 & Lot 22, all of Out Lot 703, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as HEIM'S PLACE, in the City of Dubuque & in Dubuque County, Iowa. Total area of HEIM'S PLACE is 0.148 acres (6,439 square feet). Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of -way of record and not of record, the plat of which is attached hereto and made a part of this certificate. ufc — .972.y 40 2.t..) Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/21 Owner's Consent Dubuque, Iowa , 2020 The foregoing Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. State of Iowa County of Dubuque ss: Donald D. Heim Angela M. Heim On this day of , AD 2020, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Donald D. & Angela M. Heim, husband & wife, to me personally known, who, being duly sworn did say that said appeared Donald D. & Angela M. Heim acknowledged the execution of said instrument to be her voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa My Commission Expires City of Dubuque Zoning Advisory Commission Dubuque, Iowa Sheet 3 of 3 _ 2020 The foregoing Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa was reviewed and approved by the Zoning Advisory Commission of the City of Dubuque, Iowa, on the date first written above. City of Dubuque, Iowa Dubuque, Iowa Chairperson City of Dubuque Zoning Advisory Commission 2020 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Surve : HEIM'S PLACE, in the City of Dubuqug Iowa, as appears heretofore has been filed on /Z57`7-' day of 57''1,`7l 2020 as resolution # / • / ,1 in the office of the City Clerk of Dubuque, Iowa, and tilt the City Council of the City of Dubuque, Iowa, appr es said plat. Mayor of Clerk of the City of Dubuque, IA e City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa ,2020 The foregoing Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. Dubuque, Iowa City Assessor of the City of Dubuque, Iowa County Auditor's Certificate ,2020 The foregoing Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this day of 2020. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa Recorder's Certificate Dubuque, lowa ,2020 The foregoing Plat of Survey of: HEIM'S PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder Dubuque THE CITY OF, AAri7EmCip' DUB UE Masterpiece on the Mississippi �,,.2„ Vicinity Zoning Map C{ v \ `— —_L > t--, t 1 L_ W. L I DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. Masterpiece on the Mississippi Dubuque batel I II•Meriea Clly UN, crvr.. 11,, ,r 1111!' 2007*2012*2013 2017*2019 May 28, 2020 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner SUBJECT: Plat of Survey of Lot 2 — 15, Lot 21 and 22 all of outlot 703 Heim's Place all in the City of Dubuque, Iowa INTRODUCTION The submitted Plat of Survey subdivides two commonly owned residential lots at 590 and 596 University Avenue. The replat shifts the lot line between the two properties approximately 8 feet to the east enabling the property owner to place the existing driveway access solely on to the new Lot 1. DISCUSSION By shifting the common lot line, the required frontage for Lot 2 will be reduced to 39.98 feet, below the 50 feet minimum required, thus, creating a substandard lot. The Zoning Advisory Commission has the authority to review and approve a substandard lot. By contrast, the new Lot 1 will be made legally conforming by adding frontage in excess of the 50 feet required. In addition, the non -conformity in lot area for Lot 2 will be increased by reducing the area from approximately 3,000 square feet to 2,681 square feet when a minimum of 5,000 square feet is required. The new lot line location will meet the required side -yard setbacks between the two residential structures. On May 28, 2020, the Zoning Board of Adjustment will review a special exception to allow the reduction in lot area. Staff is recommending, if approved, it be contingent on approval of the final plat. Shifting the lot line as requested will have little effect on the status of the properties. The submitted Plat of Survey in all other respects is in compliance with the City of Dubuque's subdivision regulations contained in the Unified Development Code. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the Plat of Survey of Lot 2 — 15, Lot 21 and 22 all of outlot 703 Heim's Place and recommend approval as submitted subject to waiving the lot frontage requirement for Lot 2. Enclosure