Zoning 468 Lincoln WingerPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planrdng@cityofdubuque.org
November 10, 2003
The Honorable Mayorand City Council Membem
City of Dubuque
City Hall-50W. 13~Street
Dubuque IA 52001
RE: Rezoning
Applicant: Jay Winger/Winger Construction, LLC
Location: 468 Lincoln Avenue
Description: To rezone property from R-2A Alternate Two-Family Residential District to CS
Commercial Service & Wholesale District.
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 applicant spoke in favor of the request, reviewing the proposed use of the property as a
contractor shop and storage yard. He submitted petitions in favor of the request
Staff reviewed the history of the property and surrounding zoning and land use.
There was one person who spoke with concerns regarding the negative impact of the
proposed rezoning and adjacent residential property. Letters with concems and a letter of
opposition were received and filed.
The Zoning Advisory Commission discussed the request, noting that the property abuts both
commercial and residential property. The Commission discussed screening requirements and
paving requirements for the CS District.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, subject to providing a screening of arborvitae around the perimeter of the
property in addition to the chain link fence.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Blt'd, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People h~teg14ty Responsib~i~ Innovation Teamwork
PLANNTNG APPL;ZCATTON FORM
Planning Services Department
Dubuque, ~ 52001.4864
Phone: 563-589-4210
Fax: 563-589-4221
F-JConditiona! Use Permit
I-'lApp~al
l--ISpedal ExJception
r-iLimited Setbac~ Waiver
l~ezoning
r-iPlanned Distdct
I--iPre~iminary Plat
l-]Minor Final Plat
r-iText Amendment
i--]Simple Site Plan
I-1Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[-ISimple Subdivision
J--/Annexation
J-]Temporary Use Permit
J--JCer~ificate of Economic Non-Viability
[]Certificate of Appropriateness
P!e~=~ tv~e or print legibly in ink
Property owner(s): 'T~n ~--~ r, 0hT~T T,'! n.
Address:2175 ~ashington St. City: Dubq.,
Phone: 557-7036
State: TA. Zip: _~POO1
Fax Number: 585-0274
Hobile/Ceilular Number: ~;~0-272q
Applicant/Agent: JAY ~41]NGER
Address: 2175 Washington St.
Fax Number: 585-0274
Sitelocationladdress: 468 E/21st St.
Exb~ng zoning: r2a P~posed zoning: CS
Phone: ,~
aty: Dubq,, State: TA. Zip:~
Mobile/Cellular Number: 980-0274
His~fic District: no Landmark: no
Legal Description (Sidwell parcel 1ID# oj~ lot nurr/ber/~o~ number/subdivision):
Pa;2eel ~ lO-2),-2~-O07&~R g ~
Total pmperb/(lot) area (square feet or ac~s): ~ p? ~n~. q. £t.
Describe proposal and reason necessary (attach a letter of explanation, if needed):
See additional .~he~.t.
CERTIFICA~ON: I/we, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All addi6onal required wdtten and graphic matadals are attached.
Property Owner(s): ~JZNGER CONST,Llc
Applicant/Agent: JAY WINGER
J--/Site/sketch plan
[--JTmprovement plans
Date: S~t- 2;
fl
FOR OFF/CE USE'ONLY - APPL~CAI'/ON SUBMTn'AL CHECKLT. ST
~/~Received by: ~-~//~'~ Date: Dod<et:
[] Conceptual Development Plan [--IPhoto []Plat
Date: ~.Dt. 2: 03
n3
/'-/Design review project description []Floor p~3n ~3er: /_..-T'r-~- ~
From The Desk of: Jay Winger
To: Zoning Board
Dubq., Ia.
Dear members of the hoard.
We are requesting a zoning change from R2A to C S (commercial services)
For the property ~ 468 E-21st St. formerly known as Boye's salvage yard.
Parcel # 10-24-216-007 & 008
There is approx. 14,000 sq. ft. adequate for the storage of our equipment.
There is an abandoned two story home that will be demolished.
There are two block bldgs. That also must be demolished.
The reason for this zoning change is, we are forced to change location from our
yard ~ East forth Street because we were displaced by America's River Project.
We were located ~ this yard for approx, eight years.
Also w/this letter you will find approx. 30 signatures of neighbors who are in favor
of this zoning change who directly surround this property.
Our future plan is to completely fence in the yard, after demolition of old structures.
R~I~.~ ~-
JW/pma ~
Winger Const. Llc
2175 Washington St.
Dubq., Ia. 52001
(563) 557-7036
We the undersigned are in favor of a zoning change
From R2A to Commercial Services.
At 468 E. 22"a. St. Formerly Boye's Salvage yard.
Parcel# 10-24-216-007 & 008
Name
address
Winger Const. Llc
2175 Washin~on St.
Dubq., Ia. 52001
(563) 557-7036
We the undersigned are in favor of a zoning change
From R2A to Commercial Services.
At 468 E. 21 st. St. Formerly Boye's Salvage yard.
Parcel# 10-24-216-007 & 008
Name address
DATE:
TO:
FROM:
RE:
October 14, 2003
City Planning Services
Merlin and Mary Reuter
Rezoning property at 468 Lincoln
We own the property at 2015 - 2017 Kniest
Street.
In a recent conversation with Mr. Mike Winger,
I told him I would agree to the zoning changes
if the old house on the corner of 21st Street
would be demolished. It is rodent infested
and an eye sore to the neighborhood.
If house is demolished we would agree to the
rezoning. If old house remains, we disagree
to the zoning changes.
Sincerely,
Merlin N. Reuter and Mary R.
Reuter
OCT 1 6
Planning Services Department
Zoning Advisory Commission
City Hall
Dubuque, Iowa 52001
Dearest Zoning Commission, ~ ~~
--PtANNINGSERVIC~DE~RTM~NTi
This correspondence is sent to address correspondence
received from you in reference to a public Hear£ng on
the proposal to have the property presently purchased
by Jay Winger to be rezoned from R-2A residential to CS
Commercial.
I presently have no problem on the request and showed my
support by signing the petition for Mr Winger in favor of
his request!
The problem is that recently in the past I personally have
been denied consideration by the city to extend my garage
adjoining the property in question!
Before that request I was also denied the right to complete
a warehouse for the storage for Walsh Depoartment Stores.
Continued to be told that this is a R 2-A district however
when~ it was purchased by our family is was light industrial,
changed to Commerical and now R-2A. I remind you that the
tax base on my property continued to be accessed on the
commerical base with no consideration for adjustment.!
What kind of a change are you requesting or authorizing when
you change the district?
The Boyes family was denied a zoning change for this
property and business expansion growth was affected
and relocation was necessary. This was approximately
eight years ago.
At that time I took the same position then as I do now and
that was I also want my adjoining property rezoned to the CS
Commerical and Wholesale District. This will make my
property more valuable and will enable me to use my property
in ways that have been denied to me in the past!
Please note that if approved and my request denied I will
take the necessary~action to have the Citys Zoning
Commission accountable for their actions. Thank you.
Milton A Boyes
3186 Erie Court
Dubuque, Iowa 52001
REZONING STAFF REPORT Zoning Agenda: November 5, 2003
Property Address:
Property Owner:
Applicant:
468 Lincoln Avenue
Winger Construction, LLC
Jay Winger
Proposed Land Use: Contractor shop/yard
Proposed Zoning: CS
Existing Land Use: Storage/ResidentialNacant
Existing Zoning: R-2A
Adjacent Land Use:
North- Single & Multi-Family
Residential
East - Residential/Commercial
South - Commercial/Residential
West - ResidentialNacant
Adjacent Zoning: North - R-2A
East - R-2A/C-2
South - R-2A/C-2
West- R-2A
Former Zoning:
1934 - Business A/Business B
1975 - C-2
1985 - R-2A
Total Area: 21,700 sq. ft.
Property History: The western half of this property served as a railroad right-of-way
until its abandonment in the 1980%. The east half of the property has served as a
mixed use including a two-story residence with frontage on Lincoln Avenue. In 1948, a
large steel storage building and adjacent accessory buildings were built on the back two
lots of the property. These buildings served as storage for an auto towing and salvage
company and are currently vacant. The two-story house was converted into office for
the towing company and is also currently vacant.
Physical Characteristics: The property consists of three level lots that total 21,700
square feet, with 100 feet of frontage on Lincoln Avenue and approximately 200 feet of
depth. Access to the property is from a driveway on to Lincoln Avenue.
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no traffic counts available for Kniest and 21st
Streets because they are residential streets. 2001 Annual Average Daily Traffic
Counts provided by IDOT indicate 8,500 vehicle trips per day on Elm Street,
approximately two blocks south of the subject property, 6,600 vehicle trips per day
on 22"d Street northeast of the property and 9,000 vehicle trips per day on Jackson
Street northwest of the subject property.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report -468 Lincoln Avenue Page 2
Environment: Staff does not anticipate any adverse impact to the environment.
Adjacent Properties: Currently, there is a 4,800 square foot steel building, two
concrete block accessory buildings, a two-story vacant boarded residential
structure and a large gravel parking lot on the property. The property is also
partially bordered by a dilapidated steel fence. The applicant is proposing to
remove the vacant residential structure and two concrete block buildings and
screen the lot with a required screening fence. The property historically has been
used for vehicle and equipment storage. Demolition of the dilapidated structures
and the addition of a screening fence should have a positive impact on adjacent
properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to purchase three parcels of property that
total approximately 21,700 square feet, demolish three existing substandard buildings
and screen the lot. The applicant wants to rezone from R-2A Alternate Two-Family
Residential district, to CS Commercial Service and Wholesale district to permit a
contractor's shop at this location. The applicant submitted a petition with 29 signatures
of neighborhood residents in favor of the proposed rezoning. There also have been two
additional letters submitted by residents expressing qualified support for the rezoning.
The west half of this property formerly served as a railroad right-of-way with active
tracks, and the east half of the property was a two-story residence and three industrial
buildings that were used for vehicle storage and a towing service. Mixed use, including
former church property that is now vacant, a gas station/convenience store and single
and multi-family housing surround the property. If the dilapidated buildings are
removed and the lot adequately screened, this may have a positive impact on the
adjacent neighborhood.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance, which establishes the criteria for granting a rezoning.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. -03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 468 LINCOLN AVENUE FROM R-2A
ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassi~ing the hereinafter-described
property from R-2A Alternate Two-Family Residential District to CS Commercial Service
and Wholesale District, to wit:
Lot I Burton W. Boyes Place No. 2, L2-1-1-10 Kniest's Subdivision and
Lot 4-9 and Lot 1-1-5-9 Kniest's Subdivision, and to the centedine 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.
Section 3. This Ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of
rezoning of the property described as:
Lot 1 Burton W. Boyes Place No. 2, L2-1-1-10 Kniest's
Subdivision and Lot 4-9 and Lot 1-1-5-9 Kniest's
Subdivision, and to the center line of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. -03, a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and
are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That the perimeter of the property shall be screened with arborvi~e in
addition to the chain link fence.
B)
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-ZA Alternative Two-Family
Residential District (which rezoning will include the removal of the per[ormance
standards in Section A above) if the property owner fails to complete any of the
conditions or provisions of this Agreement.
c)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by
the City Council of Dubuque, Iowa.
D)
Recordin,q. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within ten (10) days of the adoption of Ordinance No. 17-
03.
E)
Construction. This Agreement shall be construed and interpreted as though it
were part of Appendix A of the Code of Ordinances of the City of Dubuque, also
known as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs,
successor and assignees.
ACCEPTANCE OF ORDINANCE NO. -03
I, Jay Winger, property owner, having read the terms and conditions of the
foregoing Ordinance No. -03 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this
day of 2003.
Jay Winger
MEMORANDUM
November 11, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Jay WingerNVinger Construction, LLC Rezoning
468 Lincoln Avenue
Enclosed are photographs of the Winger Construction site that had been located in the
Port of Dubuque.
MCVM/jh
Attachments
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager