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
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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,
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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