Request to Rezone 380 East 21St Street_Michelle MihalakisPlanning 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
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Applicant:
Location:
Description:
Dear Mayor and City Council Members:
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the request is
consistent with surrounding development.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
cc: David Harris, Housing & Community Development Director
Service People Integrity Responsibility
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
I V /
E
2007
Staff reviewed surrounding zoning and land use, noting that the shelter will require a
conditional use permit and parking variance from the Zoning Board of Adjustment.
August 6, 2010
Michelle Mihalakis
380 E. 21 Street
To rezone property from R -2A Alternate Two - Family Residential District to
OR Office Residential District.
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 applicant spoke in favor of the request, reviewing the location of the property and that
the home would be used as a women's emergency shelter.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
Innovation Teamwork
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Masterpiece on the Mississippi
DVariance
['Conditional Use Permit
['Appeal
❑Special Exception
❑Li ed Setback Waiver
IHMezoning
Please tvoe or print legibly in ink
Property owner(s): ACC-44
Address:
Fax Number:
Applicant/Agent: itt:d4zIte / 1 t1 4a ILI Phone:
Address: City: State: Zip:_
Fax Number: Cellular Number: E -mail Address:
Site location /address: 38 E. Z/ 5kee._4
Existing zoning: g - LA
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): /0. 2. ?/5
Total property (lot) area (square feet or acres): 1 72-2 . P1
Describe proposal and reason necessary (attach a letter of explanation, if needed):. 7s
fZ- Zfic to OR. fv dcGow_S #_ 4. /'oa».� /io l s ..sz. ,
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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 addi inal-n- a red writte
Property Wriefcsy-
Applicant/Agent:
Dubuque
' V P
2007
PLANNING APPLICATION FORM
❑Planned District
['Preliminary Plat
DMinor Final Plat
DText Amendment
❑Simple Site Plan
DMinor Site Plan
,l;G1e. We. 5
❑Major Site Plan
['Major Final Plat
❑ Simple Subdivision
D Annexation
❑Temporary Use Permit
City: Dul. State: 1.4
Cellular Number:
Proposed zoning: OR. Historic District:
rials are attached.
❑ Improvement plans ❑ Design review project description ❑ Floor plan
330 37 6.4'4.64. f ew .i 4 C
Phone:
Date:
FOR OFFICE USE ONLY — APPLICATION SUBMIy7Al HECK yIST
Fee: � Received by: L i �� - Date: /- 5'-ic)
❑ Site /sketch piano Conceptual lievelopme
:Photo ❑ Plat
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
['Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
❑Neighborhood Association [
Daher:
Zi p: _nee/
E -mail Address:
Landmark: AY
Date:
Docket:
❑ Other:
Base Data Provided by Dubuque County GIS
THE CITY OF
DUB
Masterpiece an the Mississippi
Vicinity Map
Applicant: Michelle Mihalakis
Location: 380 E. 21st Street
Legend
///
Proposed Area to be Rezoned
Zoning (B &■)
Dubuque
llrsa c y
2007
Description: To rezone property from R -2A
Alternate Two - Family Residential District
to OR Office Residential District.
REZONING STAFF REPORT Zoning Agenda: August 4, 2010
Property Address: 380 E. 21 Street
Property Owner: Michelle Mihalakis
Applicant: Same
Proposed Land Use: Residential Proposed Zoning: OR
Existing Land Use: Residential Existing Zoning: R -2A
Adjacent Land Use: North — Residential Adjacent Zoning: North — R -2A
East — Residential East — R -2A
South — Residential South — R -2A
West — Residential West — R -2A
Former Zoning:
1934 — Business A
1975 — R -4
1985 — R -2A
Total Area: 1,722 sq. ft.
Property History: The property was originally subdivided as part of the L. H.
Langworthy Addition in the late 1800s and a single - family residence was built on the lot
in 1938.
Physical Characteristics: The subject property is a small, level, 1,700 square foot lot
with 40 -foot of frontage along 21 Street. The lot accommodates an 800 square foot
two -story home. There is no off - street parking associated with this property.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map
recommends that this area remain mixed residential. The Land use and Urban Design
Goals for the Comprehensive Plan encourage a mix of housing types. It also
recommends that incompatible uses be buffered from each other.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: No traffic patterns or counts are available for 21 Street at
this location.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report — 380- 21 Street Page 2
Environment: Staff does not anticipate any adverse impact to the environment as
the property is a fully developed 1,700 square foot lot.
Adjacent Properties: The subject property is directly adjacent to single and two -
family residential development in a densely developed neighborhood. There are
approximately 15 units in 10 residences in less than an acre in this neighborhood.
There are 16 primarily low- intensity office and residential uses permitted in the OR
district. The applicant's intent is to open a rooming house. A rooming house
requires that the Zoning Board of Adjustment review and approve a conditional use
permit for the facility. Also, if the rooming house exceeds four tenants, a parking
variance will be necessary.
If approved, a rooming house may slightly increase the density and activity over
and above that of a single - family residence.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 1,700 square
foot lot that accommodates an approximately 900 square foot single - family home from
R -2A Alternate Two - Family Residential district to OR Office Residential district to
accommodate a rooming house. The property is surrounded by residential use and by
R -2A zoning in a densely developed neighborhood. The subject property has little
green space nor adequate area to provide off - street parking. Parking is permitted on
the north side of 21 Street in front of the subject property only.
In an OR district, a conditional use permit is required for rooming house. The Zoning
Board of Adjustment reviews CUP's and all property owners within 200 feet of the
property receive written notification and are invited to attend a public hearing. If there
are more than four residents in the rooming house, a parking variance would also be
necessary and the same process would be followed.
Staff anticipates that a rooming house of this size will generate little vehicular traffic and
should not create a large demand for on- street parking.
Staff recommends the Commission review the criteria established in Section 9 -5 of the
Unified Development Code regarding zoning reclassification.
Prepared by: ;IAt Reviewed:
Date: 21Z7./C)
Section 2 -Land Use Regulations Article 5: Zoning Districts
Townhouse
General office
Group home
Wind energy
conversion system
5 -7 OR Office Residential
The OR District is intended to serve as a transition zone between commercial and single -
and two - family residential areas permitting adaptive reuse of existing building stock,
which will normally be residential in character. This OR District is not intended to have
any application in undeveloped or newly developing areas of the City or on land made
vacant through intentional demolition. Development standards remain flexible to allow
conservation and reuse of existing buildings. This district should be located in areas
abutting arterial and/or collector streets which are, because of location and trends, suit-
able for development of low intensity office uses, and high intensity residential uses.
5 -7.1 Principal Permitted Uses
The following uses are permitted in the OR District:
1. Art gallery, museum or library
2. Artist studio
3. General office
4. Hospice
5. Housing for the elderly or persons with disabilities
6. Medical office
7. Mortuary or funeral home
8. Multiple - family dwelling
9. Nursing or convalescent home
10. Parking structure
11. Place of religious exercise or religious assembly
12. Public, private, or parochial school approved by the State of Iowa (K -12)
13. Railroad or public or quasi - public utility, including substation
14. School of private instruction
15. Single- or two- family dwelling unit within an existing structure only
16. Townhouse (two or more laterally attached units)
5 -7.2 Conditional Uses
The following conditional uses are permitted in the OR district, subject to the provisions
of Section 8 -5:
1. Bed and breakfast home
2. Bed and breakfast inn
3. Group home
4. Licensed adult day services
5. Licensed child care center
6. Off - premises residential garage
7. Off - street parking
8. Photographic studio
9. Private club
10. Rooming or boarding house
11. Tour home
12. Tourist home
13. Wind energy conversion system
5 -7.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Crematorium accessory to a mortuary or funeral home
2. Detached garage
3. Fence
DIE cl w OF
DUB
Section 2 —Land Use Regulations Article 5: Zoning Districts
4. Garage sale; no more than three per calendar year or three consecutive days per sale
5. Home -based business
6. Noncommercial garden, greenhouse or nursery
7. Off - street parking and storage of vehicles
8. Satellite receiving dish
9. Solar collector
10. Sport, recreation, or outdoor cooking equipment
11. Storage building
12. Tennis court, swimming pool or similar permanent facility
13. Wind turbine (building - mounted)
5 - 7.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 - 19.
5 - 7.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5 - 7.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
OR Office /Residential
Min Lot
Area
(square
feet)
Min Lot
Frontage
(feet)
Max Lot
Coverage
(% lot
area)
Setbacks
Max
Height
(feet)
Front
(feet)
Min Side
(feet)
Min Rear
(feet)
Min
Max
Permitted Uses
General office
- --
- --
50
20
- --
3
10
40
Hospice
5,000
50
50
20
- --
3
10
40
Housing for the elderly or
disabled
10,000
- --
- --
- --
- --
3
10
40
Medical office
- --
- --
50
20
- --
3
10
40
Mortuary, Funeral home
- --
- --
50
20
- --
3 1
10
40
Multi- family
1,200 /du
50
50
20
- --
3
10
40
Nursing or convalescent home
10,000
100
50
20
- --
3 1
10
40
Place of religious exercise or
assembly, School
20,000
100
50
20
- --
3
10
75 2
Single - family detached dwelling
5,000
50
50
20
50
3
10
40
Townhouse
1,200 /du
16 /du
50
20
- --
r 3/0
10/0
40
Two - family dwelling
5,000
50
50
20
50
3
10
40
All other permitted uses
- --
- --
50
20
- --
3
10
40
Conditional Uses
Bed and breakfast home
5,000
50
50
20
50
3
10
40
Bed and breakfast inn
- --
- --
50
20
50
3
10
40
Group home
5,000
50
50
- --
- --
3
10
40
Licensed adult day services,
Licensed child care center
5,000
50
50
20
- --
3
10
40
Off - premise residential garage
- --
- --
50
20
- --
3
10
15
Photographic studio
- --
- --
50
20
- --
3
10
40
Private club
- --
- --
50
20
- --
3
10
40
Rooming or boarding house
5,000
50
50
20
- --
3
10
40
1 When abutting a residential district, a six foot side setback is required.
2
May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of
yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in
which it is located.
Section 2 —Land Use Regulations
ITS
l
5 -7.7
Requid Rear c1
Setbac
11 LIAU JJJJ -LL
I I I I Ili ' (,
Required F
Setback
Bulk Regulations
Street
Article 5: Zoning Districts
-- Midpoint
Height
Shed Roof
Midpoint
Height
1
Gable or Hip Roof
�CCkI�nC
Height
Mansard or Gambrel Roof
T Highest Level
Height
_ a
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13 St Telephone: 589 -4121
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 380 E. 21 STREET FROM
R -2A ALTERNATE TWO- FAMILY RESIDENTIAL TO OR OFFICE RESIDENTIAL
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described
property from R -2A Alternate Two - Family Residential District to OR Office Residential
District, to wit:
East 41 feet of south 42 feet of Lot 1 of 97 L. H. Langworthy's Addition, and to
the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa.
Section 2 The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Attest:
ORDINANCE NO. 47 -10
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted this 16th ' day of August 2010.
eanne F. Schneider, City Clerk
Roy D. B I, Mayor
August 16, 2010
Dear Dubuque City Council:
I am writing in support of Michelle Mihalakis's project for a women's shelter. I have been turned
away from Dubuque's shelters on three occasions due to them being full to occupancy.
I now live at Manasseh House an apartment which has stopped the cycle of being displaced.
Another benefit is these apartments are beautiful and affordable.
Please approve Michelle Mihalakis's request for a women's shelter. There are many benefits of
her projects for the Dubuque community.
Jody Sutton
2160 Elm Street Dubuque Iowa 52001
563-495-5335
August 16, 2010
Dubuque City Council
Historic Federal Building
350 West 6th Street
Dubuque, IA 52001
Dear Dubuque City Council,
I Kathleen Davis of 2105 Kniest Street wish to express my approval for the rezoning of
Michelle Mihalakis's property at 380 East 21st Street to Office Residential District. I have
talked to Michelle several times and she wishes to open a Women's Shelter there. I
agree with Michelle that both current residents and new comers to the Dubuque area
would benefit from this type of housing. 1 can confirm the helpfulness of Michelle and her
staff last year when my sister relocated from Missouri. They helped my sister with
housing (Manasseh House) and Michelle helped my sister find gainful employment.
Michelle and her staff realty help people and make a difference in their lives. My duplex
is across the street from Manasseh House and since Manasseh House has been in
operation the area has improved significantly. (This was a vacant church lot with lots of
litter and people would use it for a through fare). Manasseh House is well maintained,
well lit, and the grounds are pristine. These are the kinds of properties that improve a
neighborhood and I can only say positive things about Michelle and the properties she
already owns. I enjoy seeing the flowers and shrubbery on Manasseh and Sylvia house
properties while I am walking the neighborhood.
Sincerely,
Kathleen Davis
2105 KNIEST STREET
DUBUQUE, IA 52001