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Plat JFK & Deer Va Ege MuellerPlannh~g Services Department C~ty H~ 50 West 13th Street Dubuque, Iowa 520014864 (563) 589-4210 office (563) 589-4221 fax (563) 69C~6678 TDD planning~cit yofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 February 9, 2004 RE: Plat of Survey Applicant: Dave Schneider/James Ege Location: North of the Intersection of John F. Kennedy Road & Deer Valley Drive in Dubuque County Description: Plat of Survey of Lot 1 of 2 and Lot 2 of 2 in "Ege Mueller 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 applicant spoke in favor of the request, reviewing that one house will be built on each lot. Staff reviewed that parcel has been rezoned by the County to a residential classification. There were no public comments. The Zoning Advisory Commission discussed the request, noting that County standards allow one lot to be served by an access easement, and any further subdivision of these lots require platting of a pdvate street easement. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to waiving lot frontage requirement for Lot 2. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Zoning Advisory Commission Attachments ~ervice People Integrity Responsibility [rmovat/on Teamwork PLANNTNG* APPLI'CATI'ON FORM City of Dubuque Planning Services Department Dubuque, LA 52001-4864 Phone: 563-589.42:L0 Fax: 563-589-4221 [] Variance F'IConditional Use Permit [-]Spedai Exception [] Umited Setback Waiver [-]Rezoning F-IPlanned Distrid: DPreJiminary Plat [-IMinor Final Plat l~q-ext Amendment [-1Simple Site Plan []Minor Site Plan [] Major Site Plan [~Major Final Plat imple Subdivision []Annexa~on []Temporary Use Permit []Certificate of Economic Non-Viability F'lCer'dficate of Appropriateness Please type or print leqibly in ink Property owner(s): ~/~-~F ~ Fax Number: --~---~---~ Mobile/Cellular Number: Applicant/Agent: ;!/~06' d~,CJg u~) £~ - _~r~9gd2g~////O/) ~>~,- Phone: Fax Number: ,.~ ~'~' - Site location/address: Existing zoning: Mobile/Cellular Number: Proposed zoning: ¢-- Historic Distrid~ ¢ Landmark: Legal Description (Sidwetl parcel ID# or lot number/blook number/subdivision): Total property (lot:) area (square feet or acres): ,~. t¢/~ Describe proposal and reason necessary (attach a letter of explanation, if needed): CERTiFiCATiON: T/we, the undersigned, do hereby certify thaP. 1. The informa~on submitted herein is true and correc~ to the best of my/our knowledge and upon submit~l becomes public record; 2.. Fees are not refundable and payment does not guarantee approval; and 3. All additional required wri~en and graphic materials are attad'~d. P .~ ' i ,~ . .' roperty Owner(s): ~ . /~ ,,_~ Date: ~' _ FOR OFFICE USE OI~LY~-./~CAT/ON $UBl~zl ! AL CHEC;KI T~T Fee: :~/a'g~O Received by: .~ / ~ Date: //Z/m~' Docket: J--JSite/sketch plan J~Conceptual Deve~/pment Plan J--JPhote J~]Improvement plans J-]Design review project descd~on J-JFioor plan J-~Piat r-JOt:her: Plat of Survey of Lot 1 of 2 and Lot 2 of 2 in "Ege Mueller Place" D'A'O'I'~~~ iiiiiiiiiil Croposed Area to be Platted Applicant: Dave Schneider/James Ege Location: North of the Intersection of John F. Kennedy Road & Deer Valley Drive in Dubuque County egemuellerplacesurveyplat/1/2'l/04 MEMORANDUM January 26, 2004 TO: FROM: Zoning Advisory Commission Kyle L. Kdtz, Associate Planner SUBJECT: Plat of Survey of Lot 1 of 2 and Lot 2 of 2 in Ege Mueller Place in Dubuque County INTRODUCTION The submitted Plat of Survey of Lot 1 of 2 and Lot 2 of 2 of Ege Mueller Place is located within Dubuque County off John F~ Kennedy Road near Deer Valley Subdivision and the Hope Evangelical Free Church. The subject plat of survey subdivides an existing parcel into two lots. DISCUSSION The submitted plat of survey of Lot 1 of 2 and Lot 2 of 2 of Ege Mueller Place is jointly reviewed between the City and County of Dubuque. The subject property is being subdivided to provide an additional building lot on the rear of the parcel. Access to the property will be by way of a 24-foot wide access easement from John F. Kennedy Road. The Dubuque County has already rezoned the parcel to allow development of the back lot for residential purposes. The submitted plat is in substantial compliance with City of Dubuque Subdivision Standards, except for the fact that Lot 2 of 2 does not have frontage on a public or private street. Dubuque County standards allow for one residential lot to be platted with access provided by an access easement. Any additional lots would require platting of a private street easement. RECOMMENDATION Planning staff recommends that the submitted plat of survey for Lot 1 of 2 and Lot 2 of 2 of Ege Mueller Place be approved subject to waiving lot frontage requirements for Lot 2 of 2. Prepared by: SCHNEIDER Land Surveying and Planning, ~nc. P.O.Box 105 Peosta, Iowa 5206B Ph~SB3-556-9055 I PLAT OF SURVEY LOT ! OF 2 AND LOT E OF E TN'EGE NUELLER PLACE;' I DUBUQUE COUNTY, TONA o~ t~c?~ A D~V~SION OF LOT 2 OF "ESE NUELLER PLACE" ~N THE o.~dt~t~ s ~ N~/2 OF THE SN~/4 OF THE NH J/4 OF SEC.~O, TBQN, R2E OF ~ THE 5~h P.M.. DUBUQUE COUNTY. IONA. S89'42'4O"E LOT 2, O'MARA SECOND SUBDIVISION 98.72' NBQ'42'40"N 316.03' ~ S89'4~'40'E 230,96' - REC.~S: 9~ ~ NS7'22'57~ P.O.B NST'~'57'E ~ N~ CORNER ~ EAST 99'0F LOT ~ OF NH CORNER "ESE ~ELLER LOT 2 OF ~ ~ ~ SW1/4. NW~/Z AS SHOWN IN FOUND 5/S' C ~ "EBE MUELLER FOU~O - REBAR PLAT RECORDED REBAR ~ PLACE' ~ CAP AS ~NSTRUMENT ~.00 ACRES NO. 3767-8 ~ ~a~ s~ FOUND 3/4~ / ~, ACCESS EASEMENT I YELLOW CAP SHOWN PLAT RECORD~ . - NO. 37B7-81 (TYP.] ~m~ L~T ~ OF LOT ~. ~ TOTAL AREA ~ ,- L EBE NUELLER ~ 3.~9 ACRES TOTAL ~ ~ ~ PLACE" -.tB ACRES ROAn m ~ ~ ~.4g AC~S TOTAL PROPRIETORS: ~ ~ ~ ; ~ REBAR JAMES R. E~E ANO 0 p ~ m ~ (TYP. MARY d. ESE ~ ~o ]o ~ o . SURVEY REQUESTED BY: ~2.0'I~° o ~ SURVEY DESCRIPTION: 24. O'' ~ ~,~ I hereby certify that this land surveying document was SCHNEIDER ~N~ prepared and [he reia~ed survey work was performed ~~ ~a~P. Schneider P.LTS. ~144~7 Da{e: ' Fax 563-556-9054 >~, ~ ~ ~y ~cense renewa~ date ~s Oec,mber 3~. 2005. Proiect:SSa O~ ~m~~' Pages or sheets covered by this sea~: THIS SHEET ONLY Sheet:Date: ~2/5/20031 of 5 Prepared by:SCHNEIDER Land Surveying and P]anning. Inc. P.O.Box 105 Peosta, Iowa 52068 Ph~563-556-9055 I PLAT OF SURVEY LOT ! OF 2 AND LOT 2 OF ~ IN"ESE MUELLER PLACE I DUBUQUE COUNTY, IOWA A DIVISION OF LOT 2 OF "ESE MUELLER PLACE" IN THE N~/2 OF THE SW~/4 OF THE NW~/4 OF SEC.~O, T89N, R2E OF THE '5th P.M., DUBUQUE COUNTY, IOWA. s89'42'40"1 LOT 2, O'MARA SECONO SUBDIVISION 98.72' Nsg'42'40"W 3~6.03' ~ REC.AS: 3~5.g4' NB7 "22'8T'E P.O.B CORNER LOT ~ OF "ESE MUELLER PLACE" FOUND T-BAR AS SHOWN IN PLAT RECORDED AS INSTRUMENT N0.3767-8~ PIPE (TYP.) T-SAR AS SHOWN IN PLAT RECORDED AS INSTRUMENT N0.3787-8~ (TYP,) TOTAL AREA 3.49 ACRES TOTAL -.~$ ACRES ROAD 3.3! ACRES NET PROPRIETORS: JAMES R. ESE AND MARY J. ESE SURVEY REQUESTED BY: DON QUINN NW CORNER LOT 2 OF "EGE MUELLER PLACE" FOUND 5/8" REBAR SURVEY DESCRIPTION: SEE SHEET 2 FOUND 3/4~ REBAR w/ ( S89 '42' 40"E 230.96' - REC. AB: 230.94' L~ N87 °82'ST'E It3 NUELLER CAP #'10'134 ACCESS EASEMENT ~2.0' PLACE" LO0 ACRES SET ~/2"~/ REBAR w/ YELLOW CAP #144~7 (TYP.) L~T ! OF LOT EGE MUELLER PLACE" 2. s ACRES -.~8 ACRES ROAD 2.3t ACRES NET 24. O' ~_ 5/8" FOUND~ IRON REC. AS: ~-~/4" ~ BARS 328.39' PIPE IN R.O.N. LINE 322.4~' CONC. J.F. KENNEDY ROAD (66') ~OF PAVED SET R,O.N. LINE FOUND ~o~ 93 REBAR w/ CAP ~40~6 NAIL (TYP.) 33.89' OF DRIVE REC. AS: 233.82' S87 °25 ' 25"H 32.92' N89' 234. ~.5' REC.AS S87"25'26"E 223.97' REBAR w/ ~-~ CAP DAVID P #~44~7 I hereby certify that this land surveying document was prepared and the related survey work was performed under my direC 3ersonal supervision and that license Surveyor under the laws of ) REC. AS: gQ'f NE CORNER-~ EAST 99'0F LOT 4 Of SW~/4, NW~/4 SEC.10. T8gN, R2E FOUND 5/8" REBAR ~/ CAP #~263~ P.O.B. 5/8" REBAR (TYP.) SQUARE IRON BAR 'REC.AS: 99' 99.06' Schneid #~4417 Da~e: My ]icense renewa] date is December 3L 2005. ect:594 Date: Pages or sheets covered by this sea): THIS SHEET ONLY Sheet: ~ of 6 SCHNEIDER Land Surveying Planning, Inc. P.O. Box ~05 Peosta. Iowa 52068 Ph# 563-556-9055 Fax 563-556-9054 Sheet 2 of 6 Survey Description: Lot I of Lot 2 in Ege Mueller Place, Dubuque County, Iowa Part of Lot 2 of Ege Mueller Place in the North Half of the Southwest Quarter of the Northwest Quarter of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, more particularly described as follows: Commencing at the northwest corner of said Lot 2; thence S89°42'40"E, 230.96 feet to the northeast corner of said Lot 2; thence S00°16'37"W, 188.55 feet along the east line of said Lot 2 to the point of beginning; thence continuing S00°16'37"W, 464.56 feet to the southeast corner of said Lot 2; thence N89°40'34"W, 234.15 feet to the southwest corner of said Lot 2; thence N00°33'23"E, 464.42 feet along the west line of said Lot 2; thence S89°42'40"E, 231.88 feet to the point of beginning, containing 2.49 acres which includes 0.18 acres of existing public road right of way. Survey Description: Lot 2 of Lot 2 in Ege Mueller Place, Dubuque County, Iowa Part of Lot 2 of Ege Mueller Place in the North Half of the Southwest Quarter of the Northwest Quarter of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, more particularly described as follows: Beginning at the northwest corner of said Lot 2; thence S89°42'40"E, 230.96 feet to the northeast corner of said Lot 2; thence S00°16'37"W, 188.55 feet along the east line of said Lot 2; thence N89°42'40"VV, 231.88 feet to the west line of said Lot 2; thence N00°33'23"E, 188.55 feet along the west line of said Lot 2 to the point of beginning, containing 1.00 acres. This survey was performed for the purpose of dividing Lot 2 of Ege Mueller Place in the North Half of the Southwest Quarter of the Northwest Quarter of Section 10, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa. This property is 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. All monuments were placed or shall be placed within 30 days from the date this plat is recorded. I hereby certify that this land survey document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor laws of the'Sta~e of Iowa. Da~. Schneic~er P.LS. #14417 Date: ' My license renewal date is December 31, 2005. Pages or sheets covered by this seal: Surveyor's Certificate Only Schneider Land Surveying & Planning, Inc. P.O. Box 105 Peosta, Iowa 52068 Phone: 563-556-9055 Fax: 563-556-9054 Email: schneiderlsp@mwci.net Job No.594 Date: 12/5/2005 Sheet 3 of 6 OWNER'S CONSENT "~g,~JZ~}z.~ , iowa P~ /-'/ , 2004 The foregoing plat of Lot I of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, 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. Jame!~/R. Ege Mary'S. Ege ! State of Iowa ) ) SS: County of Dubuque ) this ~ day of ~_~.~4.iP(~ ,2004, before me, a Notary Public in and for said county, On personally appeared James R. Ege and Mary J. Ege to me personally known, who being by me duly affirmed did say that they said James R. Ege and Mary J. Ege acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. I, -7]'.:/.~-o,~' ~ My Commission Expires }/~t...~-~)3J1'- ATTORNEY'S OPINION I, , a practicing attorney at law in (city) Dubuque County, Iowa have examined the abstract of title to the land included within Lot 1 of Lot 2 and 2 of Lot 2 in Ege Mueller Place, 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 , AD, 2004, 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 James R. Ege and Mary J. Ege. Dated at , Iowa in said County, this day of ,2004. Signature Name (printed) Address Attorney at Law Phone number DUBUQUE COUNTY TREASURER Dubuque; Iowa ,2004 I the undersigned, , Treasurer of Dubuque County, Iowa do hereby certify that all taxes and special assessments levied against Lot 1 of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, Dubuque County, Iowa, have been paid and said real estate is free and clear of alt taxes as of this date. County Treasurer of Dubuque County, Iowa Sheet 4 of 6 COUNTY ASSESSOR Dubuque, Iowa The forgoing platwas reviewedinthe office ofthe Dubuque County Assessorthis day of ,2004. ,2004 County Assessor of Dubuque County, Iowa COUNTY ENGINEER Dubuque, Iowa ,2004 I, , the Dubuque County Engineer, have received and examined the foregoing plat of Lot 1 of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, Dubuque County, Iowa for compliance with the Dubuque County Platting and Subdivision regulations and have found said plat to be acceptable. County Engineer of Dubuque County, Iowa DUBUQUE COUNTY BOARD OF HEALTH Dubuque, Iowa '-.//.~. ? ,2004 The forgoing plat of Lot t of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, 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. D~'buque County BoaCd of Health - C[~airperson DUBUQUE COUNTY PLANNING AND ZONING Dubuque, Iowa ~ ,2004 ! The forgoing plat of Lot 1 of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, 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 C~unty Planning & Zoning Commission Sheet 5 of 6 CITY OF DUBUQUE ZONING ADVISORY COMMISSION Dubuque, Iowa ,2004 The foregoing plat of Lot I of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, Dubuque County, Iowa, being within 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 By. Chairperson CITY COUNCIL APPROVING PLAT Dubuque, Iowa ,2004 The undersigned, , Mayor and , Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of Lot 1 of Lot 2 and Lot 2 of t~eet ~i~yn cl~ge~kMo~ul~jqPlu~C' ,e~wDaUbanUdq tUhea?t~ncity~l~ oWua~ ~~iOdffiplCaet.°f City Clerk State of Iowa ) ) SS: County of Dubuque ) On this day of ,2004, before me, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution Number adopted by the City Council on the day of ., 2004, and that and acknowledged the execution of the instrument to be their voluntary act and deed of the corporation, by it voluntary executed. Notary Public in the State of Iowa My Commission Expires Sheet 6 of 6 COUNTY PLATS OFFICER Dubuque, Iowa ,2004 I, , the Dubuque County Plats Officer, have received and examined the foregoing plat of Lot '1 of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, 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 DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa ,2004 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the foregoing plat of Lot I of Lot 2 and Lot 2 of Lot 2 in Ege Mueller Place, 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 Attest 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 ,2004. ,2004 County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa The forgoing plat has been received by the Dubuque County Recorder this ,2004. day of ,2004 County Recorder of Dubuque County, Iowa Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 63-04 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 OF 2 AND LOT 2 OF 2 IN EGE MUELLER PLACE IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 of 2 and Lot 2 of 2 in Ege Mueller Place in Dubuque County, Iowa; and Whereas, said plat of survey has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 of 2 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 2. That the Plat of Survey Lot 1 of 2 and Lot 2 of 2 in Ege Mueller Place 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 plat of survey. Section 3. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19(b), Lots and Blocks. Passed, approved and adopted this 16th day of February, 2004. Terrance M. Duggan, Mayor Attest: 2004. Jeanne F. Schneider, City Clerk Plarmtng Services Department City H~i 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 69¢6678 TDD ptam~in g~ci~ofd u buque.org February 6, 2004 James Ege 7204 Olde Davenport Road LaMotte IA 52054 RE: City Council Public Hearing - Plat of Survey Dear Applicant: The City Council will consider your request for approval of the Plat of Survey of Lot 1 of 2 and Lot 2 of 2 in "Ege Mueller Place" located north of the intersection of John F. Kennedy Road & Deer Valley Drive in Dubuque County at a public hearing on Monday, February 16, 2004. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.~. in the Auditorium on the third floor of the Carnegie Stout Public Library, 360 W. 11~' Street. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Associate Planner Enclosures cc: Jeanne Schneider, City Clerk Service People Integrity Responsibili~,.' Innovation Teamwork Planning Services Department City Hail 5(1 West 13th Street Dubuque, lowa 520014864 (563) 5894210 office (563) 5894221 lax (563) 690~678 q~DD planning~cityofdubuque.org February 6,2004 Dave Schneider Schneider Land Surveying PO Box 105 Peosta IA 52068 RE: City Council Public Headng - Plat of Survey Dear Applicant: The City Council will consider your request for approval of the Plat of Survey of Lot 1 of 2 and Lot 2 of 2 in 'Ege Muelter Place" located north of the intersection of John F. Kennedy Road & Deer Valley Ddve in Dubuque County at a public hearing on Monday, February 16, 2004. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.mm. in the Auditorium on the third floor of the Carnegie Stout Public Library, 360 W. 11 Street. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Associate Planner Enclosures cc: Jeanne Schneider, City Clerk