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Plat of Survey -Annabel Lee Barn Lot Place (Denied) Copyrig hted November 16, 2020 City of Dubuque Action Items # 1. City Council Meeting ITEM TITLE: Plat of Survey-Annabel Lee Barn Lot Place SUM MARY: Zoning Advisory Commission recommending approval of the Plat of Survey of Annabel Lee Barn Lot Place subject to waiving the lot frontage requirement for Lot 1. RESOLUTION Approving the Plat of Survey of Annabel Lee Barn Lot Place, City of Dubuque, Dubuque County, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Plat of Survey Supporting Documentation Vicinity Map Supporting Documentation 2009 Aerial Photo Supporting Documentation Staff Report Supporting Documentation Resolution Resolutions Citizen Communication Supporting Documentation Citizen Communication Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street �I;M�n,� Dubuque,IA 52001-4864 �� (563)589-4210 phone , I I I (563)589-4221fax (563)690-6678 TDD �VlasteYpiece on the Mississippi 2017+2019 planning@cityofdubuque.org November 6, 2020 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Kristin Woodward-Vaasen Location: 2319 Manson Road Description: Plat of Survey Annabel Lee Barn Lot Place Dear Mayor and City Council Members: 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 The applicants, Steve Vaasen and Kristin Woodward-Vaasen, spoke in favor of the request noting that approval of the plat will enable the barn on their property to be converted into a single-family home on its own lot. Terry Koelker, Buesing & Associates, explained that the platted lot encompasses the existing outbuilding, and he noted that an easement was created in a 2012 plat to access the outbuilding and adjacent property. Peter Arling, 1744 Creek Wood Dr, objected to platting the lot and the waiver of street frontage requirement. Staff reviewed the staff report, noting that the submitted Plat of Survey of Annabel Lee Barn Lot Place subdivides an approximately 12-acre lot located at the western terminus of Manson Road creating an approximately '/2 acre interior lot that will not have the required street frontage. Staff noted that Lot 1 will have a compliant paved access, access to City water and sewer with two fire hydrants in close proximity. Staff referred to the history of the property noting that it was originally developed as a mobile home park that contained 43 trailers and a sewage lagoon. Staff explained the mobile home park generated approximately 205 vehicle trips per day and all these mobile homes were all removed by 2011. Staff said that splitting the 12-acre lot will have little effect on the status of the subject property or surrounding properties or on residential density and will enable the property owner to convert an accessory building on Lot 1 into a single-family residence. Staff recommended approval of the plat subject to waiving the lot frontage requirement for Lot 1. Service People Integrity Responsibility Innovation Teamwork Honorable Mayor and City Council Page 2 Commissioners discussed the request and felt it was appropriate. Recommendation By a vote of 6 to 0 with one abstention, the Zoning Advisory Commission recommends that the City Council approve the Plat of Annabel Lee Barn Lot Place subject to waiving the lot frontage requirement for Lot 1. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, C� Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Dubuque THE CITY OF � City of Dubuque AIIxAmeri�aCiq Planning Services Department ��K_,H,�, UR � � I I I I� Dubuque, IA 52001-4845 �J Phone: 563-589-4210 zoo��zoiz•zoi3 Fax: 563-589-4221 Masterpiece on the Mississippi 2017*2019 planning@cityofdubuque.orq PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑■Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island Design Review Please tvpe or print leqiblv in ink Kristin K Woodward Trust- Kristen K Woodward Trustee 563-543-7200 Property owner(s): Phone: aaaress:2319 Manson Road ��ty:Dubuque state:IA Z�p:52003 FaX #: �e�� #: 563-543-7200 E-ma��: stevevaassen@gmail.com Applicant/Agent: SafY12 aS aI�OV2 Phone: Address: City: State: Zip: Fax #: Cell #: E-mail: site �ocation/address:2319 ManSOn ROad Neighborhood Association: n�a Existing zoning:R-� Proposed zoning:n/a District:n/a Landmark: ❑ Yes ❑■ No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Total property(lot)area (square feet or acres): Describe proposal and reason necessary(attach a letter of explanation, if needed): Plat of Survey of Annabel Lee Barn Lot Place 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. 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Koelker, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lots 1 of Vaassen Place, in the City of Dubuque, Dubuque County lowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as ANNABEL LEE BARN LOT PLACE, in the City of Dubuque, Dubuque County, iowa. Total area of ANNABEL LEE BARN LOT PLACE is 11.875 acres. Total area of LOT 1 is 0.572 acres. Total area of LOT 2 is 11.303 acres. 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. --.—_ ` BY: .��..�,-� _,fjL__� i��. �/�.. / Zc 20 Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/21 Owner's Consent Dubuque, lowa ��' /Cf , 2020 The foregoing Plat of Survey of: ANNABEL LEE BARN LOT PLACE, in the City of Dubuque, Dubuque County, lowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. Kristin K. Woodward Trust, dated December 9, 2070 ��, � � �`; l � ! r '� ��` r:�,��;��_{"i KristGn K. Vaassen f/k/a Kristin K. Woodward, Trustee State of lowa ) ) County of Dubuque ) ss: �. �c�. �, ;�. On this , i day ofi i ;(. �l�l�,-, , AD 2020, before me, A Notary Public in and for the State of lowa, personally appeared Kristin K. Vaassen f/k/a Kristin K. Woodward, Trustee of the Kristin K. Woodward Trust, dated December 9, 2010, to me known to be the person or persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Witness my hand and Notarial Seal on the date above written. � ^q � , ` f � ''�a(/v'iL"�r�,:` l�'� 1�.,_ ';1�,��,,? i�- otary PubYc in and for the State of lowa _) My Commission Expires � - >�,� - 20�?_ ��, �� c i-' Citv of Dubuque Planninq Services Dubuque, lowa , 2020 The foregoing Plat of Survey of: ANNABEL LEE BARN LOT PLACE, in the City of Dubuque, Dubuque County, lowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. Wally Wernimont, City Planner Sheet 4 of 4 C:itv of Dubuque, lowa Dubuque, lowa , 2020 The undersigned, Roy D. Buol, Mayor, and k;evin Firnstahl, Clerk, of the City of Dubuque, lowa, do hereby certify that the foregoing Plat of Suroey of: ANNABEL LEE BARN LOT PLACE, in the City of Dubuque, Dubuque County, lowa, as appears heretofore has been filed on _day of , 2020 as resolution # in the office of the City Clerk of Dubuque, lowa and that the City Council of the City of Dubuque, lowa, approv�es said plat. Mayor of the City of Dubuque, IA Clerk of the City of Dubuque, IA Cit�,r Assessor's Certificate Dubuque, lowa , 2020 The foregoing Plat of Survey of: ANNABEL l_EE BARN LOT PLACE, in the City of Dubuque, Dubuque County, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, lowa, on the date first written above. City Assessor of the City of Dubuque, lowa Countv Auditor's Certificate Dubuque, lowa , 2020 The foregoing Plat of Suroey of: ANNABEL L.EE BARN LOT PLACE, in the City of Dubuque, Dubuque County, lowa 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 Auiditor of Dubuque County, lowa F;ecorder's Certificate Dubuque, lowa , 2020 The foregoing Plat of Survey of: ANNABEL LEE BARN LOT PLACE, in the (:ity of Dubuque, Dubuque County, lowa has been reviewed by the Dubuque County Recorder. 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Dubuque THE CITY OF � AIFA�eri�a Cily DuB E �P��:��,,,k�,k� ' � II ��' Maste iece on the Mississi i z°°'�Z°lZtz°13 � pp zoi�*zoi9 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner DATE: October 28, 2020 RE: Plat of Survey of Annabel Lee Barn Lot Place INTRODUCTION The submitted Plat of Survey of Annabel Lee Barn Lot Place subdivides an approximately 12-acre lot located at the western terminus of Manson Road creating an approximately '/2 acre interior lot. Lot 2 is approximately 11.5 acres in area and will continue to have the required frontage along the Manson Road cul-de-sac. Lot 1 will not have frontage on a platted public or private street as required by Article 5-2.7 of the Unified Development Code. Lot 1 will be accessed from a 20' wide paved access easement across Lot 2 from the Manson Road frontage. DISCUSSION The applicant proposes to create an approximately '/2 acre lot on the interior of an approximately 12-acre lot enabling them to convert an accessory structure into a single- family home. Lot 1, the '/2 acre lot, will be accessed from a 20' wide paved access easement across Lot 2 that serves the existing single-family home on the property. The paved access has been previously approved by the City's Fire Department. Both lots are served by a 4" water main that follows the access easement and Lot 1 is bracketed by two fire hydrants, one on the east side of the lot and one on the west. Lot 1 lies outside of the Catfish Creek floodplain. The property was originally developed as a mobile home park circa 1950 that accommodated up to 43 trailers, an office and outbuildings. The property was redeveloped circa 2000 and all the trailers were removed by 2011, the open sewage lagoon replaced with City sanitary sewer and a single-family residence built on the lot in 2015. Trip generation data indicates that the mobile home park generated up to 205 vehicle trips per day. Splitting the 12-acre lot as requested will have little effect on the status of the subject property or surrounding properties or on residential density and will enable the property owner to convert an accessory building on Lot 1 into a single-family residence. Emergency services access, City water, sanitary sewer and hydrants are adequate for both lots. The Annabel Lee Barn Lot Place plat in all other respects complies with the City of Dubuque's subdivision regulations contained in the Unified Development Code with the exception of required lot frontage for Lot 1. RECOMMENDATION Planning staff requests that the Zoning Advisory Commission review the Plat of Survey of Annabel Lee Barn Lot Place and recommends approval as submitted subject to waiving the lot frontage requirement for Lot 1. Enclosure 2 Prepared by: Wally Wernimont, City Planner Address: Citv Hall, 50 W. 13th St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: Citv Hall, 50 West 13t" St(563) 589-4121 RESOLUTION NO. -20 A RESOLUTION APPROVING THE PLAT OF SURVEY OF: ANNABEL LEE BARN LOT PLACE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of: Annabel Lee Barn Lot Place, in the City of Dubuque, Dubuque County, lowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or approved private street, where 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 statues and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage for Lot 1 on a public street or an approved private street. Section 2. That the Plat of Survey of: Annabel Lee Barn Lot Place, in the City of Dubuque, Dubuque County, lowa is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lowa upon said Plat of Survey. Passed, approved and adopted this 16th day of November, 2020. Plat of Survey of: Annabel Lee Barn Lot Place Page 2 By: Roy D. Buol, Mayor ATTEST: By: Adrienne N. Breitfelder, City Clerk Wally Wernimont From: Jane Glennon Sent: Wednesday, November 4, 2020 1024 AM To: Brittany Loeffelholz (bloeffelholz@dubuquebank.com); Christ, Martha; Guy Hemenway; Jason Duba; mchrist1955@aol.com; Matthew Mulligan (mmulligan@conlonco.com); Norton, Pat; Rebecca Kemp (beckykemp75@gmail.com); r_rich_r@yahoo.com; Steve Baumhover work; Travis Schrobilgen; Wally Wernimont Subject: ZAC NOVEMBER 4 mtg: Annabel Lee Barn Lot Place, 2319 Manson Rd. Citizen Communication Please see email thread below received from the public regarding Plat of Annabel Lee Barn Lot Place. Jane Glennon Planning Services Secretary 563-589-4210 ext. 1 From: Guy Hemenway Sent:Wednesday, November 4, 2020 10:19 AM To:Jane Glennon <lglennon@cityofdubuque.org> Cc:Wally Wernimont<Wwernimo@cityofdubuque.org>; Kristin Woodward-Vaassen <kristin@twobytwoeducation.org> Subject: Email to ZAC Members Jane Please email this chain to the Zoning Commission Members for tonight's meeting. Thank you. ❑ ❑ ❑ ❑ To: • Guy Hemenway Guy, Please share this email chain with the Zoning Advisory Commission. Thank you. i Sincerely, Peter D. Arling, J.D. Licensed in Iowa, Illinois,Wisconsin, and Minnesota O'Connor& Thomas P.C. 1000 Main St. Dubuque,IA 52001 P: 563-557-8400 ext 254 Direct Dial: 563-557-6638 This e-mail(including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may contain attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This e-mail is intended only for the addressee named above. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strict/y prohibited. Please respond to the sender that you have received the message in error, then delete it and destroy any and all copies of it. If you are a client of our firm, this e-mail confirms that communication to you by e-mail is an acceptable way to transmit attorney-client information. Thank you. ❑ From: Peter D. Arling Sent: Wednesday, November 4, 2020 8:29 AM To: Guy Hemenway <Ghemenwa@cityofdubuque.orq> Cc: Wally Wernimont <Wwernimo@cityofdubuque.orq>; Travis Schrobilgen <Tschrobi@cityofdubuque.orq>; Jason Duba <Jduba@cityofdubuque.orq>; Crenna Brumwell <Cbrumwel@cityofdubuc�ue.orq>; Danny Sprank <Dsprank@cityofdubuque.orq>; Ric W. Jones <riones@cityofdubuque.orq> Subject: RE: Short Term Rental and Vaassen Lot Review Importance: High Good morning Guy, 2 As a point of clarification, am I going to have an opportunity to speak to the Zoning Advisory Commision this evening prior to them voting on Ms. Woodward-Vaassen and/or the Trust's request? I do not see a reference to a "public hearing" for this matter on the agenda? If I am not able, why not? Please confirm whether I, and any others who appear to speak in regards to this matter, will be able to speak to the Zoning Board of Adjustment prior to their vote. Also, please confirm you have submitted my email objections to the proposed plat to the Zoning Advisory Commission. Thank you. Sincerely, Peter D. Arling, J.D. Licensed in Iowa,Illinois, Wisconsin, and Minnesota O'Connor& Thomas P.C. 1000 Main St. Dubuque, IA 52001 P: 563-557-8400 ext 254 Direct Dial: 563-557-6638 This e-mail(including any attachments) is covered by the E/ectronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may contain attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. This e-mail is intended only for the addressee named above. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. P/ease respond to the sender that you have received the message in error, then delete it and destroy any and all copies of it. If you are a client of our firm, this e-mail confirms that communication to you by e-mail is an acceptable way to transmit attorney-client information. Thank you. From: Guy Hemenway <Ghemenwa@cityofdubuque.orq> Sent: Monday, November 2, 2020 3:20 PM To: Peter D. Arling <PArling@OCTHOMASLAW.COM> Cc: Wally Wernimont <Wwernimo@cityofdubuque.orq>; Travis Schrobilgen <Tschrobi@cityofdubuque.orq>; Jason Duba <Jduba@cityofdubuque.orq>; Crenna Brumwell <Cbrumwel@cityofdubuque.orq> Subject: Re: Short Term Rental and Vaassen Lot Review 3 Peter I have attached the materials submitted for the Annabel Lee Barn plat review. The request will be heard at Wednesday's Zoning Advisory Commission meeting and the log-in information is indicated on the agenda. We generally do notification as policy dictates so that we do not over or under notify as we could be accused of playing favorites. I remind you the the Vaassen's proposed rezoning was denied at the ZAC and CC meetings. Also, the Vaassens withdrew their request for a Condition Use Permit for an accessory dwelling unit in part because Planning staff noted that it would be difficult to be granted approval. It is not unusual for a property owner to build or convert a building or conduct a use that may not be permitted under current zoning regulations. However, before we proceed to the municipal infraction phase of enforcement the property owner is permitted to exhaust his or her administrative relief. That is where we are with the barn project. If you have any further questions or need additional information please contact me. Thank you. Guy From: Peter D. Arling <PArling@OCTHOMASLAW.COM> Sent: Monday, November 2, 2020 2:48 PM To: Guy Hemenway <Ghemenwa@cityofdubuque.or�> Cc: Wally Wernimont <Wwernimo@cityofdubuque.orq>; Crenna Brumwell <Cbrumwel@citxofdubuque.orq>; Travis Schrobilgen <Tschrobi@cityofdubuque.orq>; Ric W. Jones <riones@cityofdubuque.orq>; Danny Sprank <Ds�rank@cityofdubuc�ue.orq> Subject: RE: Short Term Rental and Vaassen Lot Review G uy, I would ask that you also forward the application and any ancillary documents they have filed in support of this request. As you and I discussed, this is exceedingly disappointing to only hear about this at the eleventh hour. While I can appreciate you were out on vacation and that the City has no obligation to affirmatively reach out to me in this situation (even though it is clear all of the surrounding neighborhoods have been impacted (and will be impacted) by this proposed use and have consistently and persistenly objected to their proposed use), when I called a couple weeks ago to inquire as to whether anything was moving forward with Ms. Woodward-Vaassen and/or the 4 Woodward Trust property, and was told someone else in your department would get back to me on whether Ms. Woodward-Vaassen was taking another approach, no one ever did. In other words, even after I affirmatively reached out, no one got in touch with me. It was not until I called you, today, that I find out they are now seeking to treat the barn, initially "built" under the guise it would only be for storage and maybe a horse or two in the future, as a separate house. I understand from our discussion that this may be a forgone conclusion; however, as a born and raised Dubuque resident, I feel as though it this is a situation where it does not matter what approach was taken throughout this situation or when it was taken, but instead depends on who one is. I find that very disappointing. Again, please forward the application or any other documents Ms. Woordward-Vaassen, Mr. Vaassen, or the trust that owns the property filed for this latest request in a timely manner. Sincerely, Peter D. Arling, J.D. Licensed in Iowa,Illinois, Wisconsin, and Minnesota O'Connor& Thomas P.C. 1000 Main St. Dubuque, IA 52001 P: 563-557-8400 ext 254 Direct Dial: 563-557-6638 5 RE: Plat of Survey of Annabel Lee Barn Lot Place Dear Commission Members, You have the benefit of history and hindsight. You are aware of where this began: A request and ZBA approval for applicant to construct a storage/horse barn as an accessory use with a maximum size, and a stipulation of no commercial use. With indifference and/or disregard of this approval and stipulation,the applicant constructed what they presented to the public (via news article) as an event center. This occurred with disregard for the ZBA approval, disregard for the ZBA restrictions related to commercial use, disregard for size limitations, disregard for proper zoning procedures for a commercial building, disregard for professional design assistance as prescribed by lowa Statute, and with no proper plans or blueprints submitted to the building department for review and approval. It is important to ask: If the applicant would have properly presented their true plans, or presented their changed plans, to the ZBA, or anyone for that matter,would the Barn (as developed) be there today? I hope you will agree that the answer would be NO; not without proper re-zoning. A re-zoning effort eventually took place sometime after construction was completed, and was unanimously rejected by this Commission, and the City Council. The message has been loud and clear from Neighbors, ZBA, this Commission, and the City Council: There would be a negative impact on the neighborhood, and commercial use does not belong here! The staff report would have you believe the request will have "little effect" on surrounding properties. You know better, and you should not allow yourselves to be manipulated or persuaded into agreement. I understand that City Staff has been apprised of the applicant's plan to classify this as a separate residence, and then follow suit with an lowa Statute allowing them to operate the property as a Short Term rental/Air B&B (recently advertised for 8 guests). This is an element of the commercial use that was rejected. In defiance of our City Zoning Ordinance, the applicant proceeded with this planned use, receiving a recent citation for a zoning violation and an order to discontinue advertising the property as a tourist home. It is concerning and disturbing that the staff report does not inform you of the applicant's persistence and plan to circumvent City Ordinances and Rules as they now propose to apply a state regulation to support their intended use. The staff report before you is suggesting that the building complies with the Unified Development Code. This code references and includes obligations to comply with our ZBA process and rulings. Be reminded that, unless it is a storage/horse barn, what was constructed does not comply! What was constructed does not comply with the allowed use! The ZBA has ruled as recently as last month,to deny a request for a property owner to convert an entire home on River Ridge (R1 district) to an Air B&B. ZBA sited that they have limited their Air B&B approvals to "owner occupied" homes for a maximum of 1-2 guests, with an expectation of little or no resistance from immediate neighbors. In this matter, the neighborhood opposition is significant. Today, you are being asked to accommodate, resolve, and remedy the applicant's apparent disregard for the rules and regulations, as a means of supporting or approving their ambitions. The applicant's request before you, "to put the barn into its own lot", provides NO information as to "reason necessary". This Board needs to know"why". Please ask directly and clarify with Planning Staff and the Vaassen's, "Are you planning to operate (any form of) a Tourist Home on this property?" You will then become aware of the reasoning, which appears to be a plan to bypass and proceed with further disregard for our City Ordinances related to operation of such properties. This is simply another manipulation in a process of the end justifying the means, and it is concerning that the Planning Staff report is not more forthcoming in regard to the applicant's intentions and ambitions. It is interesting that now,the applicant is suggesting that laws and regulations somehow matter. If laws and regulations matter now, then they should matter for the whole story. If that is actually true, this should have gone back to ZBA as a series of violations long ago. Simply put,what is standing on the property now should not be there, unless it is a storage/horse barn with no commercial use! The City and this Commission does "not" owe the applicant a remedy, solution, or reward for their extensive disregard for the rules and regulations that began when they turned their first shovel, for their indifference of our rules and ordinances, and their determination to conduct commercial activities in an R1 (our most restrictive) district. I am hopeful you will remain compelled to see your role as including an obligation to protect this neighborhood from any activities that will or will potentially produce a negative impact on the neighborhood. Voting NO to this request assures that protection. The negative impact is clearly confirmed by your past decisions, and the past re-zoning denial related to this property. This is contentious at least. Voting NO puts ownership of these past actions squarely on the shoulders of the applicant. Leaving it as is "assures" the applicant's obligation to comply with the original ZBA approved plan. Voting NO is simply saying, "The applicant presented this as an accessory storage and horse barn,with no commercial use. We are willing to let that sta nd." Please vote NO, and continue to protect our neighborhood! Respectfully, Robert Hartig AIA 1804 Creek Wood Drive Dear Respected Members of the City Council, RE: Opposition to Plat of Survey - Annabell Lee Barn Lot Place - City Council Meeting Agenda 11/16/20 With no opportunity for public input at the Council Meeting tonight, I respectfully ask each of you to read and consider my related comments and concerns. As an impacted and concerned neighbor, I would ask you to consider that approval of the proposed plat for the Anabelle Lee project will be an irreversible mistake. Our R-1 neighborhoods are our most restrictive areas, and to a significant degree, our most protected. You are well aware of the history of this property, and the fact that what is standing there today is the result of a significant level of noncompliance with our Unified Development Code. You are aware of the applicant's ambitions to persist with a commercial use that is contrary to our R-1 district regulations (past advertisement as an event center, recent citation for use as a Tourist home, and City communications related to review of short term rental regulations in Iowa). Approval would have a negative impact on the neighborhood, and simply pave the way for the applicant's inappropriate commercial use ambitions. Our (UDC)Unified Development Code is the culmination of a lot of hard work by many people. It is our "Only Protection" to assure proper and orderly development within our City. Here are a few very relevant and plat specific elements of our UDC: 3-1 Provisions of Code Declared to be Minimum Standards "The provisions of this code are the minimum requirements for promoting the health, safety, sustainability, and general welfare of the community." 3-2 General Lot Size and Requirements "No building shall be built upon a lot without the required minimum frontage along an improved private or public street built to minimum City street standards. No building shall be built upon a lot without a City approved driveway access to a private or public street or alley." 13-2 Applicability, paragraph D: Waiver from Site Design Standards "The Zoning Advisory Commission shall have the power to grant such waivers from the Site Design Standards of this Chapter, as may be reasonable and within the general purpose and intent of the site plan review and approval provisions of this chapter if the literal enforcement of one or more of the provisions of this Chapter is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four Commissioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the Commission may establish to ensure the general purpose and intent of this Chapter are followed. At the Commission meeting, the applicant and all other interested parties shall be presented a reasonable opportunity to present their views. Decisions of the Zoning Advisory Commission may be appealed to the Zoning Board of Adjustment in the same manner as appeals from a decision of an administrative officer. Reasoning for a denial: No impracticality or undue hardship pertaining to the land in question was presented to the ZAC by the applicant (not in the application form requesting the reason, or at the ZAC meeting), or by planning staff. Such conditions are a requirement necessary to grant a waiver. The parcel is reported to be 14 acres, with no peculiar conditions presented. No effort was made by applicant to present any reasoning as to why it is not possible to comply with our "minimum requirements". The applicant presented their input, and public was not afforded a reasonable opportunity to present their views. The ZAC advised that they would not listen to any public input that was not plat specific. It is not reasonable to expect the neighbors or the public to have specific knowledge of the UDC plat specific rules and regulations. The public and ZAC relies on staff to present or state whether or not any specific criteria is required for a waiver and whether or not that criteria has been met. This did not occur. With the staff report and information provided to ZAC including documents related to State of Iowa short term rental regulations, and staff discussion of our noise ordinance at the ZAC meeting and staff stating there would be little to no impact on the neighborhood, I am hopeful that you will consider and agree that the discussion and ZAC elements of influence may have gone beyond "plat only'. Public input should not have been limited. Summary: This is not a simple plat. It is a request to ignore/waive one more rule. This particular project comes with a very disturbing and messy history, and is anything but UDC compliant or simple. Approving this request would be an affirmation that our UDC rules and protections do not always matter. I believe that each of you knows better than that. If there is any uncertainty as to the criteria required to support the ZAC's decision to grant a waiver, you certainly have the UDC regulations (with no impracticable or undue hardship presented as required) on your side to deny this request. Any options to table, study further, appeal to ZBA, or approving with specific commercial use restrictions, simply advance and continue a time consuming path of frustration and complexity. In the end, the rules and intent of the UDC is to protect and guard against improper land use, which is precisely what has occurred here. The simplest way to acknowledge the importance of our UDC is to deny this request. Please consider doing so. Thank You, Robert Hartig AIA 1804 Creek Wood Drive Dubuque, Iowa