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
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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
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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
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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:
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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:
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REQUESTED SY: LYLE F. KOPP
PROPRIETORS: KOPP FAMILY INVESTMENTS L1D PARTNERSHIP
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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.
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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
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PROPRIETORS: KOPP FAMILY INVES1MEN1S L TO PAR1NERSHIP
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KOPP'S JFK ADDITION NO, 2 IN THE CITY OF DUBUQUE, IOWA
LOT 1-1-2-2, NE1!4--NE1!4, SEC. 28 1
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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
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GRACE M. KOPP
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