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Final Plat of Schmitt EstatesCopyrighted June 21, 2021 City of Dubuque Consent Items # 8. City Council Meeting ITEM TITLE: Final Plat of Schmitt Estates SUMMARY: Zoning Advisory Commission recommending approval of the Final Plat of Schmitt Estates, subject to waiving the lot frontage requirement for Lots 3 & 4 of Schmitt Estates; and requiring that if the private portion of Robin Hood Drive is not accepted as a public street, the property owner obtain an access easement along Block 5 & Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to the subject property. SUGGESTED DISPOSITION: ATTACHMENTS: Description Staff Memo Resolution Application Final Plat Vicinity Map Robin Hood Drive Map Staff Report RESOLUTION Approving the Final Plat: Schmitt Estates, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Type Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department Dubuque City Hall THE C11TY OF 50 West 13th Street Dubuque, IA 52001-4864 DUi! B E NI -Main cly 11111F (563) 589-4210 phone (563) 589-4221 fax 2007-2012-2013 (563) 690-6678 TDD Masterpiece on theMiSSiSSippi 2017*2019 Dlarminz@dtvofdubuaue.orz June 11, 2021 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 th Street DubuquelA 52001 Applicant: Dennis & Carol Schmitt Location: East end of Robin Hood Dr. and south of Kennedy Rd., Parcels 1010276002 and 1010276003 Description: To approve Final Plat of Schmitt Estates 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 Dave Schneider, Schneider Land Surveying, 906 1st Street North, Farley, spoke on behalf of the applicants. He explained that the plat would establish two lots on the south end of property for building new family homes for the Schmitts' adult children. He said this would also entail extending Robin Hood Drive onto their property, which he said is partially county and partially private. NOTE: The property is located in Dubuque County and not in the City of Dubuque Corporate Limits. As part of the two-mile Extra Territorial Jurisdiction (ETJ), the City of Dubuque has the authority to review subdividing of property. As part of discussions during the county rezoning public hearing, it was found that a portion of Robin Hood Drive was private and not officially dedicated to Dubuque County for public maintenance. Dubuque County has been maintaining this private portion of Robin Hood Drive for several years. Planning Staff reviewed the staff report for the submitted Plat of Survey of Schmitt Estates, noting the lots to be created and explaining the issue of ownership status for Robin Hood Drive. Staff explained that County officials have stated that the County Engineer is petitioning the property owners to verify if the private street would be dedicated to the county as a public street. Staff recommended placing conditions on approval of the plat. There were no public comments. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Zoning Advisory Commission did not have questions or concerns. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with the following conditions: 1) Waiving the lot frontage requirement for Lots 3 & 4 of Schmitt Estates; and 2) Requiring that if the private portion of Robin Hood Drive is not accepted as a public street, the property owner obtain an access easement along Block 5 & Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to the subject property. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, hUAJ' 4�4 Rebecca Kemp, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St (563) 589-4210 Return to: Adrienne Breitfelder, CitV Clerk Address: City Hall, 50 West 13th St (563) 589-4121 RESOLUTION NO. 201-21 A RESOLUTION APPROVING THE FINAL PLAT SCHMITT ESTATES, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Schmitt Estates, Dubuque County, Iowa that is within the City's 2-mile extraterritorial jurisdiction; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat 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 on a public street or an approved private street for Lots 3 & 4 of Schmitt Estates. Section 2. That if the private portion of Robin Hood Drive is not accepted as a public street by the County, the property owner obtains an access easement along Block 5 & Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to Lots 3 & 4 of Schmitt Estates. Section 3. That the Final Plat Schmitt Estates, Dubuque County, Iowa 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 Final Plat of Survey. Passed, approved and adopted this 21st day of June, 2021. Plat of Survey of: Schmitt Estates, Dubuque County, Iowa Page 2 By: ot��n Danny ClspraaA, Mayor Pro Tern ATTEST: By: az�Q� Adrienne N. Breitfelder, City Clerk Dubuque THE CITY OF hM&A D UUB� *_ FE &AUMMM 2007-2012-2013 2017*2019 Masterpiece on the Mississippi PLANNING APPLICATION FORM Ovariance E]Pre�lim jWy Plat ElConditional Use Permit M rr Final Plat ElAppeal [WiZor Final Plat E]Speclal Exception [:]Simple Site Plan ElLimited Setback Waiver ElMinor Site Plan ElRezoning/PUD/ID ElMajor Site Plan Please tyve or Print legibly in ink Property owner(s): Dennis & Carol Schmitt Fax 11092 Kennedy Rd Cell #: Applicant/Agent: Dennis & Carol Schmitt Fax Cell ElSimple Subdivision ElText Amendment 0'remporary Use Permit ElAnnexation ElHistoric Revolving Loan ElHistoric Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planninq(d)citvofdubuque.orq ElCertificate of Appropriateness ElAdvisory Design Review (Public Projects) ElCertificate of Economic Non -Viability E]Historic Designation F_]Demolition E]Port of Dubuque /Chaplain Schmitt Island Design Review 563-583-5979 Dubuque Qf�f.- A 7i- 52001-0131 dennis.schmift60@gmail.com 563-583-5979 Site location/address: East end of Robin Hood Or & south of Kennedy Rd Neighborhood Association: Existing zoni . ng: n/a Proposed zoning: 0 District: —Landmark: El Yes El No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Parcel 1010276002 and 1010276003 Total property (lot) area (square feet or Describe proposal and reason necessary (attach a letter of explanation, if Final plat of Schmitt Estates 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 requi . red ritten d hi t rials are attached. Property Owneiks). 7 ��// 7 / Date: Applicant/Agent: FOR OFFICE USE ONLY — Fee: $287.00 Received Date: A LI PPLI UBMn-rA H KLIST by Date: Docket: RECORDER'S INDEX LOCATION: LOT 1 OF LOT I OF LOT I AND LOT 2 OF LOT I OF LOT I IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP B9 NORTH RANGE 2 EAST OF THE 5th P.M.. DUBUQUE COUNTY. IOWA REGUESTOR: DENNIS J. SCHMITT & CAROL A. SCHMITT PROPRIETOR: DENNIS J. SCHMITT & CAROL A. SCHMITT SURVEYOR: DAVID P. SCHNEIDER SURVEYOR SCHNEIDER LAND SURVEYING COMPANY: AND PLANNING.INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousn.net FINAL PLAT SCHMITT ESTATES, DUBUQUE COUNTY, IOWA LOT I OF LOT I OF LOT I AND LOT 2 OF LOT I OF LOT I IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P,M., DUBUQUE ".OUNTY, IOWA E'C-'AS: 56B. 29' REC.AS: 155.56' LOT 2. Nag'13'00"W N87*25'18"E CARROLL NE CORNER a- �'S 84- N89 *26'32*E SUBDivisTQN LOT i-1-i, _N888 4'2 155.56' SEi/4.NEi/4. -KENN 9.4 -30. 02- WDYARIDAD a SEC iO.T89N,R2E 261.82';3- DD. S87*58'34"E 33.00' 58.70' FOUND 5/8 --�rREBAR w/ LOT I NW CORN R-"� S89'01'36"E 3C -219.88' Lu REC. AS: S69 �050f�E 0-- / CAP #7771 2.66 ACRES TOTAL SEI/4, NEI/4 260.22' 33.00' ;D. 220' - 142. 58' lo;o�� NOT A ��jo In 141.22 EXISTING 20' WIDE ACCESS 0.41 ACRES ROAD T T SEC. 10 . T89N R2E.. MAG NAIL SE FOUND 5/B' )6 F"? in ;pq��PART OF�NT EXISTING 20' EASEMENT 2.25 ACRES NET REBAR W/ CAP 30 Lm. 0 WIDE ACCESS in 'o - THIS -0*0" EASEMENT To Ch=103.17' SB7*59'13"W LOT 2 #21408-4. 0 C%j cu (n- 6M. M6 SURVEY "CU REC WCUCU LOT c= 7*53'42" k 30' r- SOUTH OF AN AS' R=749. 16.12 ACRES TOTAL -0.23 ACRES ROAD (PUBLIC) 3C 1-114" PIPE U) U) 2�0' 219. 71 /,N87 59- A=103.25' FOUND 5/8" -0.35 ACRES ROAD (PRIVATE) W 1� 17.78' SO. BAR 8.3' 15.54 ACRES NET 149.71' 7 EAST OF LINE LOT 1, WITTMAN .0 N, 4�' AL IN DRIVE LOT 3 1.25 ACRES TOTAL ADDITION 6i 1 Uj W �i FOUND 1-1/4" 0.18 ACRES ROAD .0 -W 2 FOUND 5/8' i PIPE 8.2' EAST OF LINE 1.07 ACRES NET REBAR W/ CAP #21408 CU Q M LOT 4 LOT 2. 1.26 ACRES TOTAL WITTMAN 0.19 ACRES ROAD ADDITION 1.07 ACRES NET C; 904 N. LOT 2-1. W SWI/4.NEI/4 �dcuc SEC.1O.T89N.A2E '. CU Liocu , 0 Mz LOT 26, ROLLING MEADOWS SUBDIVISION SURVEY DESCRIPTION SCHMITT ESTATES, DUBUQUE COUNTY. IOWA cn M LOT I OF LOT 1 OF LOT I AND LOT 2 OF LOT 1 OF LOT 1 IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10. TOWNSHIP 89 NORTH, 003C RANGE 2 EAST OF THE 5th P.M.. DUBUQUE COUNTY. IOWA ?, 6 LOT 1, 01 ROLLING MEADOWS CU SUBDIVISION SE CORNER LOT I ROLLING MLADOWS.-\ z SUBDIVISION FOUND 5/8' REBAR wl CAP YELLOW CAP 4016 75.02' �Pp 497 '7?KW SO '20 '05 -E LOT LOT 3-28, ROLLING MEADO 2-28 SUBDIVISIONW\S LOT 4 LOT 5. BLOCK 5. BLOCK SHERWOOD SHERWOO PARK PARK TOTAL AREA 21.29 ACRES TOTAL -1.36 ACRES ROAD 19.93 ACRES NET j\N0\" i-AND DAVID SCHNEI P1441 XOWPI FOUND 1-114" PIPE (TYP.) � LOT 4 M �n- 12. BE M �Umm 12.p z kro��Z �S4 Z 48. 0. 1 000 . N O�- CU CU z 25' IN� �'. r�> N IN LOT 2 SET 1/2 .. REBAR w/ YELLOW CAP �Y #14417 (TYP.) 'S BLIC 0 %S LOT 3 5' PUBLIC J�U). TV UTILITY EASEMENT 3 39 1 C CU V C_�' URVE C-/-_� '37"W CURVE A Ch= 175. 66' S59'35'02"W .c= 34002'50" R-300.001, A-178.27 CURVE B L0 Ch=i94.98' M N59*35'02"E 0 c= 34*02'50 R=333.00' A=i97.86' CURVE C Ch=79.18' NSB'04'50"E c= 17'03'14" R=267.00' A=79.47' PRIVATE ACCESS AND PUBLIC UTILITY EASEMENT (66' WIDE) S59*33'13"W 39.71' ��'A=89. 29 - R=300.00' .c= 17*03'14*' S68*04'50"W Ch=88.96' 50.00 735.00' N89*43'26"W 750.64' I.QO- REC.AS: SBB*16*34"W 750.65- 4 4 6 LOT 1-5. INER N MFJ BLOCK 6. EI/4. SHERWOOD PARK FOUND 5/8" REBAR (TYP. UNLESS NOTED) C� M M M, M LU CD cn;, io z W I hereby certify that this land surveying document was prepared an the re�q_t!td pservey work was performed ger my rso and that My license renewal date is December 31. 2021. Pages or shoots covered by this seal: THIS SHEET ONLY 0 Iq LO C) 0 1(n w U (n U (D 0 Ln W SE CORNER LOT 1-1-1. SEI/4.NEI/4. SEC 10 TBgN,R2E FOUND �/8" REBAR w/ ORANGE CAP #15487 (TYP.) SCHNEIDER Land Surveying Planning.Inc. P. 0. Box 128 Sheet 2 of 6 Iowa OWNER'S CONSENT 2021 The foregoing plat of Schmitt Estates, Dubuque County, 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 [zRM County of Dubuque Dennis J. Schmitt Carol A. Schmitt On this day of , 2021, before me, a Notary Public in and for said county, person011y appeared Dennis J. Schmitt and Carol A. Schmitt to me personally known, who being by me duly affirmed did say that they said Dennis J. Schmitt and Carol A. Schmitt acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Notary Public in the State of Iowa My Commission Expires MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for of I State of Iowa, do hereby certify that the attached plat of Schmitt Estates, Dubuque County, Iowa, is made with our free consent and in accordance with our desire as lien holder and mortgager of the premises described herein. City State of Iowa ) ss: County of Dubuque President ON On this — day of 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared and to me personally known, who being by me duly sworn, did say th�t—th—ey are the , and respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that and as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. Notary Public in the State of Iowa My Commission Expires Sheet 3 of 6 ATTORNEY'S OPINION , a practicing attorney at law in (city) Dubuque County, Iowa have examined the abstract of title to the land included within Schmitt Estates, Dubuque County, Iowa, said abstract has been prepared in its entirety by the Abstract and Title Company, and was last certified to by said company on the _ day of —, 20 , at the hour of o'clock —M. My examination of said abstract shows good and merchantable title on the date and hour of certification to be in Dennis J. Schmitt and Carol A. Schmitt. Dated at Iowa in said County, this day Of .2021. Signature Attorney at Law Name (printed) Address Phone number DUBUQUE COUNTY TREASURER Dubuque, Iowa 2021 1, the undersigned, , Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against Schmitt Estates, Dubuque County, Iowa, have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer of Dubuque County, Iowa Sheet 4 of 6 DUBUQUE COUNTY ASSESSOR Dubuque, Iowa The forgoing plat was reviewed in the office of the Dubuque County Assessor this day of .2021. County Assessor of Dubuque County, Iowa DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa 2021 The forgoing plat of Schmitt Estates, Dubuque County, Iowa, is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended. Dubuque County Board of Health - Chairperson COUNTY PLATS OFFICER Dubuque, Iowa 2021 1, , the Dubuque County Plats Officer, have received and examined the foregoing plat Schmitt Estates, Dubuque County, Iowa, for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Plats Officer of Dubuque County, Iowa COUNTY ENGINEER Dubuque, Iowa 12021 1, , the Dubuque County Engineer, have received and examined the foregoing plat of Schmitt Estates, Dubuque County, Iowa, for compliance with the Dubuque County Engineering regulations and have found said plat to be acceptable. County Engineer of Dubuque County, Iowa CITY OF DUBUQUE-ZONING ADVISORY COMMISSION Dubuque, Iowa 611 2021 The foregoing plat of the Schmitt Estates, Dubuque County, Iowa, being within the 2 mile jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission CITY COUNCIL APPROVING PLAT Dubuque, Iowa 2021 The undersigned, boflny C Svo, n �\ , V,9�and A4,6er7ne N Bre,4Pe, I Je-(- Clerk of the City of Dubuque, Dubuque Codnty, lowb do hereby certify that the foregoing plat of Schmitt Estates, Dubuque County, Iowa, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. - Sprank Rey -A PFI-1 094"" 6anny C. M a r P o, Tem *Mayor Pro Tem Adrienne N. Breitfel( :;ity Clerk State of Iowa ) ss: County of Dubuque On this U day of JUfle —, 2021, before me, a Notary Public in and for the State of Iowa, • personally appeared Rey B. Btiol and Adrienne N. Breitfelder, to me personally known, and who being by me duly • sworn, did say that they are the Mayo and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, • andthesaldR�. � and Adrienne N. Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed, *Danny C. Sprank, Mayor Pro Tem LIJENNIFER M. MSESSEDRICH e:,6Lr7 L318 7e4 % C�Cmmlssion NUM%Et:l 1 -1 -hry PubV- in and for the State of Iowa Not My Commission Expires W011m 5 9 Sheet 6 of 6 DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa The forgoing plat of Schmitt Estates, Dubuque County, Iowa, is hereby approved by the Dubuque County Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby recommended. Dubuque, Iowa 2021 Dubuque County Planning & Zoning Commission Chairperson DUBUQUE COUNTY BOARD OF SUPERVISORS 2021 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Schmitt Estates, Dubuque County, Iowa, has been filed in the office of the County Board of Supervisors and that by Resolution No. the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairperson Dubuque County Auditor COUNTY AUDITOR Dubuque, Iowa The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2021. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa The forgoing plat has been received by the Dubuque County Recorder this _ day of .2021. County Recorder of Dubuque County, Iowa cl, 4"; 17, IN F- )p I biiw- A,NDERSjLN --KENNEDY'RD '14 AEjLN CHLOE,M tl.LCOREY- DAN 1EVICTO % HdODjDR THE CITY OF D I UUB_-'*_TE� Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Wally Wernimont, Planning Services Managero SUBJECT: Final Plat of Schmitt Estates, Dubuque County, Iowa DATE: May 26, 2021 INTRODUCTION Dubuque AII-AmericaCft 2GO7-2012-2013 2017*2019 The submitted Final Plat of Schmitt Estates, Dubuque County, Iowa subdivides 21.29 acres from two lots to four lots. The property is located in Dubuque County at the end Robin Hood Drive. The submitted Final Plat is being jointly reviewed by both the City and County of Dubuque as it is within two miles of the city of Dubuque corporate limits. DISCUSSION The submitted Final Plat of Schmitt Estates subdivides Lot 1 of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Lot 1 In the Southeast Quarter of the Northeast Quarter of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque County. Iowa. Presently, Lot 2 of Lot 1 of Lot 1 is substandard because is does not have frontage along a public or private street and not enough land area for a septic system. This lot is approximately 1/2acre and contains the property owner's single-family home at 11092 Kennedy Road. As part of the platting process, the property owner would like to create two additional lots so his children could construct single-family homes. The proposed subdivision will create the following lots: Lot 1 — This lot is 2.66 Acres in size and will contain the single-family home at 11092 Kennedy Road and will have frontage on Kennedy Road. This will bring the residence into compliance with street frontage and lot area for a septic system. Lot 2 — This lot is 16.12 Acres in size and will have frontage on Kennedy Road. This property is primarily a steep forested area. Lot 3 — This lot is 1.25 Acres in size and will not have frontage on a public or private street. It will be accessed bv a 66'wide Drivate access and r)ublic utilitv easement. This lot is being created to allow for construction of single-family home. Final Plat of Schmitt Estates, Dubuque County, Iowa Page 2 Lot 4 — This lot is 1.26 Acres in size and will have 15.64' of frontage along Robin Hood Drive. It will be accessed by a 66' wide private access and public utility easement. This lot is being created to allow for construction of single-family home. The submitted Final Plat plats a 66-foot-wide private access and public utility easement along the common lot line of Lots 2, 3 & 4. This is to allow for the potential of the future extension of Robin Hood Drive. Because Lots 3 & Lots 4 do not have the minimum required 50' of street frontage along a public or private street, the Zoning Advisory Commission will need to waive the frontage requirement. County Planning & Zoning Commission Review The property owners are in the process of rezoning the subject property from A-1 Agricultural to R-3 Single Family Residential to allow the construction of the two single- family homes. At the public hearing held on May 18, 2021, several property owners who resided on Robin Hood Drive were in opposition to the request. The property owners noted that Robin Hood Drive is a private road, and the subject property owner does not have permission to access Lots 3 & 4 from Robin Hood Drive. County Zoning Officials informed staff that it appears that when the Board of Supervisors accepted Robin Hood Drive as a public street many years ago, that a portion of the legal description of Robin Hood Drive was not included in the resolution. Although the street was not officially dedicated to the County, the County has been maintaining the private portion of the street for many years. I have been informed by county officials that the County Engineer is preparing documents to accept the private street as a public street. Because the property is located in the county, the Dubuque County Board of Supervisors has ultimate authority on approving or denying the plat. RECOMMENDATION Planning staff request the Zoning Advisory Commission review the Final Plat and recommends approval subject to the following- 1) Waiving the lot frontage requirement for Lots 3 & 4 of Schmitt Estates-, and 2) if the private portion of Robin Hood Drive is not accepted as a public street, the property owner obtains an access easement along Block 5 & Block 6 Sherwood Park to provide access from the publicly dedicated Robin Hood Drive to the subject property. Enclosure Thanks