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Plat correction Kopp JFK Add 2 Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690.6678 TDD P lanning@cityofdubu que. org D~~~E ~cÆ~ March 8, 2004 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street Dubuque IA 52001 Applicant: Flint Drake/Kopp Family Investments loP. Location: John F. Kennedy Road Description: Correction Plat of Kopp's JFK Addition No.2 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 submitted correction plat and the reasons for subdividing the subject parcel. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the plat will not adversely impact adjacent property. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, £~~. {:::l1 . Zoning Advisory Commission ?? Attachments Service People Integrity R"ponsibility Innovation Te"",work c.... 0 :!: Z ." ~ Z Z m Q :;0 0 PENNSYLVANIA AVE KENSINGTON Pl Oescri tion: inal Plat Kopp's John F Kenn dy Addition No.2 Feb 06 04 04:13p Planning 315-585-4221 p.2 ~ ~~~ my of Dubuque Planrùng Serviœs Department Dubuque, IA 5200H864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATJON FORM 0 Variance DRezoning DConärtîonal Use Permit OPlanned District [)Appeal OPreliminary Plat DSpeà¡!I ExœpIion OMinor Anal Plat DUmited Setback Waiver OText Amendment DSimpie Site Plan DMirIor Site Plan 0 Major Site Plan 0 Major Anal Plat OSImple SUbdivision OAnnexation OTemporary Use Pemút DCertifiœte of Eronomic Non-Viability OCertilicate of Appropriateness ¡¡¡¡Other: reconsider plat Please tvÐe or griM leGIbly In Ink Property owner(s): J~?~n~~';\'M¡; Investments Limited Phone: 582-7980 (Attorney Flint Drake: AdcIress: 7412 Laurels Place Fax Number: 772-460-3818 aty: Port St. Lucie State: FL; Zip: 34986-3268 MobIle/Cellular Number: AppIicant¡lAgent: Flint Drake, Attorney for Owner AdcIress: 2100 Asbury Road, Suite 2 Oty: Dubuque Phone: State: ~ Zip: 582- 7980 52001 Fax Number: 582-5312 Mobile/Cellular Number: Site location/address: 1660 John F. Kennedy Road, Dubuque, IA 52002 Existing zoning: N/A Proposed zoning: ..J!YL Historic District: landmark: - Legal Description (Sidwell parœl ID# or lot number/bfOdc: number/sulxflVision): Kopp 's JFK Addition No.2 in the City of Dubuque, Iowa Total property (lot) area (square feet or acres): 85,995 square feet Describe proposal and reason necessary (attach a letter of explanation, if needed): See attached. 2. 3. CERTIFICATION: I/we, the undelsigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of rrr-¡/our knowledge and upon submittal beccmes public record; Fees are not refundable and payment does not guarantee approval; and All additional required wñtten and graphic materials are attached. Property Owner{s): Date: Applicant/Agent: ~1 /\../\.., ~ ,~ Date: Februarv 10, 2004 Kane, Norby & Reddick, P.C. by Flint Drake Fee: ftO.f)t? r:::=~: USE CATION S~~Þ~~t DSite/sketd1 plan 0 t Plan DPhoto Dlmprovement plans DDesign review project description DPiat []other: ~ ~cÆ~ MEMORANDUM March 8, 2004 TO: FROM: Zoning Advisory Commission i. Kyle lo Kritz, Associate Plannet1~. SUBJECT: Correction Plat of Kopp's JFK Addition No.2 in the City of Dubuque INTRODUCTION The submitted final plat subdivides an existing parcel of land into four lots to facilitate the sale ofthe building located at 1670 John F. Kennedy Road. The plat was previously submitted in November 2003. The Zoning Advisory Commission approved the plat, subject to Lot 4 being designated as non-buildable. The applicants are requesting that the non-buildable designation be removed from Lot 4. DISCUSSION The submitted correction plat of Kopp's JFK Addition No.2 subdivides existing property into four parcels. Lot 1 is the existing Steve's Ace Hardware building. Lot 3 is the new commercial structure that was built several years ago by Lyle Kopp. Lot 2 actually lies underneath the new structure, and Lot 4 is existing property that does not have frontage on John F. Kennedy Road, and has not for many years. The submitted plat does not adversely impact adjacent property and primarily serves to facilitate the sale of the subject property. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission approve the correction plat of Kopp's JFK Addition No.2 as it is in substantial compliance with the City of Dubuque Subdivision Regulations subject to waiving the lot frontage and lot area requirements for Lot 2 and Lot 4. . KLKlmkr Attachments \ Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th 5t Telephone: 5894210 RESOLUTION NO.101-04 RESOLUTION APPROVING THE CORRECTION PLAT OF KOPP'S JFK ADDITION NO. 21N THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a correction plat of Kopp's JFK Addition No.2; and Whereas, said plat provides Lots 2 and 4 with 0 feetof lot frontage, where 50 feet of lot frontage is required; and Whereas, said correction plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said correction 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 Lots 2 and 4 with 0 feet of lot frontage, where 50 feet of lot frontage is required. Section 2. That the correction plat of Kopp's JFK Addition No.2 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 correction plat. Passed, approved and adopted this 15th day of March 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: z 0 I~~ ~ ~ \<1' :",¡o¡, ~ \' ='=M~-'~ ;~S8;::.~\ 0 O~:;:~ '" , - 162.76'(162.73') - '- 97.65' -' I ' I NO LOT " U.S. WEST PLACE (97.65') (IN FEET) THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, DRAWING MAY HAVE BEEN REDUCED RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. REQUESTED SY: LYLE F. KOPP PROPRIETORS: KOPP FAMILY INVESTMENTS L1D PARTNERSHIP "",""'ï'û"W'::q"'""", @:~~~ """~",;"~,~,~,,,,,""" z 0 U 58 :r: - z~- 7':È AU ~~ ~~- 0 -< :::0 0 » 0 PREPARED BY, UW ENGINEERS" SURVEYORS P.c, 4155 PENNSYLVANIA AVE. DUBUCUE. IOWA. (563) 55£-2.6, 'C» "? '" " ::e .:... CORRECTION PLAT KOPP'S JFK ADDIllON NO.2 IN THE CITY OF DUBUQUE, IOWA LOT 1-1-2-2, NE1/4-NE1/4, SEC. 28 ~ N89"10'46"E N89~O'~"E \ NOTE: THIS PLAT IS A 186.70'(178.01') 97.87 I CORRECTION OF THE FINAL PLAT tf) OF KOPP'S JFK ADDITION ND. 2 g IN THE CITY OF DUBUQUE, IOWA, å AS RECORDED IN INSTRUMENT NO. o¡, 132116-03 IN THE OFFICE OF THE @ LOT 2-1-2 ,...DUBUQUE COUNTY RECORDER. ,..; W1/2. NW1/4-NW1/4 I ó1 SEC. 27-89-2E "'I"" 0 .!. '" Q) tv ~ ~ "-::;¡ ~ 1):;- I~ S77" ~ 70< '3'1-'76" I ~ !<' .93'(70 !;: ~ :..,¡çc :::094.9;0,"'.97) \ ~ "8 ~. ~ NO CAP. '" LEGEND ~ =<' I [J - PROPERTY LINE !::J . ~~~~C5{~~ I~g~ 1~~~1 W/ UNLESS NOTID 181 FOUND 'x' CUT IN CONC. 0 ~~~RN~~. ~~631 . 0 ~Us~tcl~0%o~Of26'V, ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY Ex. EXISTING '" en tv "! LOT 1 31,193 SQ. FT. N85'57'37"E 55.67' 15' - ] LOT 3 23.553 SQ. FT. z ~O gâ c..."!. OJ- g ¿ LOT 4 ~ 27,274 sq. FT. !J' g¡ (]10 uå \,)o¡, Q)'¡" (]1<O ~,..; TOTAL AREA SURVEYED: 85,995 SQ. n. 15'1 ~1 Sãs"47'51"W---- _1.6~.i!~ - - - -- EXISTING 30' ACCESS EASEMENT z >- p I HEREBY CERTIFY lH.T ,",5 '-'"D SURVE\1NC DOCU""" WAS PREPARED AND THE REl.A1E!> SUR"'" WORK WAS PERF<JRJ<£i) BY M£ OR UNDER MY ~RECT P£RSONAI. SUPER,^"ON AND lHAT I AN A DUlY UCENSED LAND SUR>EYOR UNDER lHE LAWS OF lHE STAlE OF 10W~ DATE SURVEYED: SEPT. 2003 FTI77] IIW ENGINEERS & ~ SURVEYORS, P.C. 10.~ 1moois. W,.coo.'n .155 Pmo.~~lo A~. 0'"'0'0, IA 52002 5£3.556.2- ~J-SU~~ 3-03....04- DAlE H.,.1 C~on. '" DRA,," SAF PLAT NO. 95-4A-D2 CHECKED "'T PROJ. NO. 02786 DAlE 0'-03-0' SHEET 1 of 2 P,\02\70D\786 D27"\OWG\D2786L-N02Co~ UCEN" No. 12631 MY UCEN" RENEWAl. DAlE 5 12/31/2004 PAGES OR SHEETS CO\IERED BY 1IÐ' SEAl 1 AND 2 BrianJ. Kane Gary K. Norby Les V. Reddick' D. Flint Drake** Brad]. Heying Todd L. Stevenson* MaryBeth pfeiler Fleming Kevin T. Deeny KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel: Louis p. pfeiler All admitted in Iowa ,: Also admitted in illinois ** Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: fdrake@kanenorbylaw.com February 10, 2004 Mr. Eugene Bird, Jr., Chair Bird Sign, Inc. 17811 Peru Road Dubuque, IA 52001 Mr. Stephen Hardie 62 Fremont Avenue Dubuque, IA 52003 Mr. Richard Schiltz, Vice-Chair P.O. Box 237 2381 Carter Road Dubuque, IA 52001 Mr. Ben Roush 3365 Venture Court Dubuque, IA 52002 Mr. Jeff Stiles 3108 Central Avenue Dubuque, IA 52001 Mr. Ron Smith 1640 Justin Lane Dubuque, IA 52001 Ms. Martha Christ 88 Princeton Place Dubuque, IA 52001 Re: Lyle and Grace KopplKopp's JFK Addition No.2 in the City of Dubuque, Iowa Dear Members. of the Zoning Commission: We represent Lyle and Grace Kopp and their Kopp Family Investments Limited Partnership in connection with property located on John F. Kennedy Road. You previously reviewed and approved a Final Plat for Kopp's JFK Addition No.2 in the City of Dubuque, Iowa. We attach a copy of that plat for your reference. The property was previously platted as Lots 1 and 2 ofKopp's JFK Addition and we attach a copy of that plat for your reference as well. The issue before you is the designation of Lot 4 ofKopp's JFKAdditionNo. 2 as "non-buildable". As noted in our previous correspondence to you on this issue, the Kopps entered into an agreement to sell, among other properties, Lots 2, 3 and 4 of Kopp's JFK Addition No.2. The new plat you previously approved was a part of the process leading to the closing for that transaction. Unfortunately, the designation of Lot 4 as "non-buildable" has lead the buyers to allege that the Kopps have now breached the purchase agreement in that the property previously comprising Lot 4 was not designated as "non- KANE, NORBY & REDDICK, P.C. February 10, 2004 Page 2 buildable" at the time of the purchase agreement. Please note on the second plat attached that property referred to as Lot 2 of US West Place. Lot 2 of US West Place is essentially now Lot 4 of Kopp's JFKAdditionNo. 2. You will note on the older plat that the lot was not (and never has been) designated as non-buildable. On behalf of the Kopps, we ask that you please consider approving the Final Plat ofKopp's JFK Addition No.2 without the designation of Lot 4 as "non-buildable". In support of tlús application, we ask you to consider the following: 1. The lot was never designated as "non-buildable" prior to the most recent plat; 2. The lot is provided direct access to John F. Kennedy Road via a 30 foot wide access easement; 3. Any new construction on Lot 4 would require a building pennit, thus allowing the City to review and approve any such plans; and 4. Removal of the "non-buildable" designation will allow the Kopps to move forward with their closing rather than be involved in litigation with the buyers. The buyers have made it clear that they will deem any building restriction on Lot 4 as a breach of the purchase agreement as there were no such restrictions at the time the purchase agreement was entered into. Any consideration you can give to the Kopps' request is greatly appreciated. Thank you. Best regards, KAt"'\fE, NORBY & REDDICK, P.C. By ~I~ D. Flint Drake DFD:meh Ss8'¡7'51"¡;¡;---- 15'j _.16~.~~__--- ;¡¡1 {ò z EXISTING 30' ", ~V ¡; ACCESS EASEMENT z ,:p",,~ -2 ~. g ~%. l!i,¿ ~ Ó ,,'" I;;:' ~CX? ~ ~! =" :~'~~ -,~ ~. ~ sa::;.;M, 1 ,,~~g:~ T - 152.78'(152.73'} - '- 97.65' -', I . NOTE LOT " u.s. WEST PLACE (97.65') (IN FEET) THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, ORAWING MAY HAVE BEEN REDUCED RESTRICTIONS AND RIGH1S-0F-WAY OF RECORD AND NOT OF RECORD. REQUESTED BY: LYLE F. KOPP PROPRIETORS: KOPP FAMILY INVES1MEN1S L TO PAR1NERSHIP ","""Î'O"W'~""""" l}'~~~;'~~>{j \<~;~",,:,~:~.~fjl ""'",~",;"~,~,~,,,,~,"". z 0 '" 6~ ::c- Z¡!;;, :'1'" ^'" [T1N zfX' ZN [T1 ~- CJ -< :;u 0 » CJ 0> '" ;c 0 ~ PREPARED BY: y~t 'fir \L..,k, , ~ 32116-03 zaO3 DEC II PM '2: 15 I\ATHY FLYNN iHURLOW . ouã8gUn&:r~;gVEES -fLJ&.DO IIW ENGINEERS & SURVEYORS P.C, "SS PENNSYLVANIA AVE. (S63) S56-2464 COPy DUBUQUE. IOWA. - FINAL PLAT KOPP'S JFK ADDITION NO, 2 IN THE CITY OF DUBUQUE, IOWA LOT 1-1-2-2, NE1!4--NE1!4, SEC. 28 1 N89ïO'46"E NS9ïO'45"E \ 9757 . DESCRIPTION: LOT 1-1 & LOT 186.70'(178.01') . I 2-1 OF KOPP'S JFK ADDITlON, AND LOT 2 OF U.S. WEST PLACE ,C" IN 1HE CliY OF DUBUQUE, IOWA , "~ \' ¡y'Y 'yt~,,-... I <1'" LOT 1 -¡'Q~' 31.193 SQ. FT. '" '" ¡." '" TOTAL AREA SURVEYED: 85,995 SQ. FT. NS5'57'37"E 55.57' \!ji ",0: 00 :"""- <DU -en ".i\ NSS'3S'35"E 12.33' U ~ ; ~ "'- '//',. :D\~\O' ¡Ø -¡. ~1! )1 LOT 3 of1$ 23,553 SQ. FT. "",5' - ] '" LEGEND ¡oJ - PROPERTY UNE ~ . ~~~~C5~~~ I~g~ '~~~1 W! UNLESS NO'TED ¡:;¡ FOUNO "X" CUT IN CONC. @ ~~~~N~~. ~~531 0 ~EIs~tC;'::'O%ORO,025'Y, ( ) RECORO INFORMATION R.O.W. RIGHT-OF-WAY EX. EXISTING , HERES'( CER11FY 1HAT THIS LAND SURYE"tlHG DOCUMENT WAS PREP""'" ARD 1HE RELATED SURVEY WORK WAS PER"""",, OY ME DR UNDER MY D""cY PERSONAL SUP,""SOH ARD 1HAT , AM A 00" U""'OED LAND SURVEYOR UNDER 1HE LAWS OF 1HE STATE OF IOWA. DATE SURVEYED: SEPT. 2003 ITØ7J IIW ENGINEERS & I.LU8 SURVEYORS, P.e. Iowo. Im"o". w"=,;,, ~ìL~~ 41SS P~""'_lo A~ Dubuque, IA S2DD2 S63.5SS.246' H.,.I D~on, '" /0-3-03 U""'SE ND. 12531 MY UŒNSE RENEWAL DATE IS 12/31/2004 DRAWN SAI' PLAT NO. '0-IA-02 <:HE<:KED JMT PRDJ. ND.D2706 DATE '-18-03 SHEET 1 0' 2 >, \02\700\ 786\D2786\DWO\02786C-N03 PAGES DR SHEETS COVER'" 8Y 1H1S SEAl 1 AND 2 --- 354-00 354~O. Kf\ rLr -i6~ 2000 JAN 11 AM 8: 51 KATHY fLnIH THURLOW COUIITY RECORDER I 0° .DUBuaUE C'O..IOWAFEE~ (IP./ <155 .PENNSYLVANIA AVE, DUBUOUE, IOWA, (3'9) 550-2'" PREPARED SY. UW ENG,"EERS " SURvÉYDRS P.C, PENNSYLVANIA AVE. f;-r,;'~~ i~'~ ~J~' LOT 1-1-2-2 \ E¡:: NE1/4 NE1/4 ~ ~ SECTION 28 i ¡¡¡ ~ - ~ .I~ ~. ~ "AS' 1- N89'O'.j¡;"E 186.70'(178.01') PLAT OF SURVEY LOTS 1 & 2 OF KOPP'S JFK ADDITION IN THE CITY OF" DUBUQUE, IOWA DESCRIPTION: LOT 2-1-2-2 AND LOT 3-1-2-2 OF THE NE1/4 NE1/4, g SECTION 28, T89N, R2E, OF THE 5th ~ P.M. IN THE CITY OF DUBUQUE,IOWA -\ ! Nsa,,',,'E \. 9 - 97.'" I â ~ HE CORNER SECTION 28. la9N, R2E 5],.' " Nsa',,',,', ì- ¡;;;1' I \ ,g . ~. ~ ~I~ i'~ h" lÌ"S ~¡ ~~I is, ~~~ . \ J '- i . . " ^ :;0 0 ¡; LOT 1 ' ¡ ~ 1.340 ACRES' ¡ ~- '"' '-'-2-2 :;0 ;5... ',[!{;,:;'-;(,' ... \ þ ~ ~ ~ t Ii, -, Fê'O,"--- 'e .' ." ¡g i - V~~;:~-~,;;t~~.. i "'"ON" ,.¡ ~." l~S ~~r í I ! '/ I, I ! ,"""ì"o"w~""'", ~1;~~ """"""""" :1 [I L LOT 2 o.S40 ACRES \ !,- S89'51's.¡"W 162.78'(162.73') ~I~ ~~" ~ ~ >~S g ~ g;N ~ '" LO" U.S ,"ST PLACE ¡¡I ~ J II GRAPHIC SCALE ~OO' ( IN FEET ) 1 inch = 100 IL T L3 TOTAL AREA SURVEYED: 1.880 ACRES CAPi "so I NE"",Y CERWY TNAT TNE SU'VEY W^, CONE ANa TN" PW W^, M'" BY ME OR U'OEl> MY D~'CT PERS,,^, SU"'.s,, . ANa TH" , ~ A OULT UCENS<D "'" SU"<TOR UNOEI> TN' LA",o;TNESTATEO"OWA PAGES CO"'REO BY TNIS CE,""C"" 12-28-9:1 DATE LEGEND - """"EI>TY UN' . 181 . @ 'OD", 5/8' ~ON ROD W/ C>P NO. AS NDTED "DND 'X--M" CONC. 'OU", I" ~" P'P' SO ".-CUT" C"'- @ SET '~L W/ WASHER '0. "", ( ) RECURD DlME'SON '.O.W. PROPRIETOR: LYLE F. KOPP GRACE M. KOPP IIV7I IIW ENGINEERS & u.u. SURVEYORS. mc, lowo, Imoo;.. W;.ooo.;o <155 P""""~n;o "". D"b"Q"", IA 52002 3>9.056,".' G""~'"'9. '^ . Ho,ol G""n, '" DRAWN JDOW PLAT NO. W9-1A-99 CHECKED JMT PRDJ. ND. """ DATE "/28/99 SHEET> 0<, D.\,,\mI/SUR!LDDT/"7I2' L->