Zoning Grandview Chuch N. Grand
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 lannin g@cityofdubuque.org
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April 8, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Grandview United Methodist Church/Grandview Avenue United Methodist
Church/Ambrose & LaVerne Klein
Location: 419,439 & 485 N. Grandview Avenue
Description: To rezone property from R-1 Single-Family Residential District to OC
Office Commercial 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 discussions with
neighborhood residents that resulted in a petition in favor of the rezoning, subject to the
church structure not being demolished, and prohibiting bars and taverns.
Staff reviewed the history of rezoning requests for the subject parcel, and noted similar
conditions were attached to the OC Office Commercial rezoning of the former Calvary
Baptist Church on Asbury Road.
There were several public comments in favor of the request, provided the agreed upon
conditions were made part of the OC Office Commercial rezoning. A neighboring
resident noted that the conditions represent a compromise that helps protect the value
of neighboring properties.
The Zoning Advisory Commission discussed the request, and indicated the OC District
is appropriate for the subject property and is less intense than the previous rezoning
request for C-2 Neighborhood Shopping Center District.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request subject to the following conditions:
Semoo
People
Integcity
R"poru;;bility
Innovation
Teamwork
419,439 and 485 North Grandview Avenue
April 8, 2004
Page 2
1)
The church structures at 419 and 439 North Grandview Avenue may not be
removed with the exception of a disaster which would require their extensive
reconstruction (this does not apply to 485 North Grandview).
2)
The rezoning of 419, 439 and 485 North Grandview Avenue to OC Office
Commercial may not be for a bar or tavern even under the conditional use
provisions.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~A~
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Rug 20 03 09:58a
Planning
319-589-4221
1".5
rki~~E
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Qty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance ¡:gRezoning
DConditional Use Permit DPlanned District
DAppeal DPreliminary Plat
DSpedal Exception DMinor Final Plat
DUmited Setback Waiver DText Amendment
DSimple Site Plan
DMinor Site Plan
0 Major Site Plan
0 Major Final Plat
DSimpie Subdivision
DAnnexation
DTemporory Use Penmit
DCertincate of Economic Non-VIability
DCertiflcate of Appropriateness
DOther:
Please tvoe or Drint legibly in Ink
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Propertyowner(s)(1Yð"'J.,,'{"'" Jit,('MH, /.If"'/ Ir' ('fA(¡ /1 Phone: S¡;-j>- 7JY-O
Address: cf' e; of 'f :3" ,II/. 6../1 ~r""" () ,4~ H. State~ Zip: §";ZØ(? /
FaXNumber/.>ú3/ S-ýJ-7c'd'7 Mobile/Cellular NumberJ .:>-c,.J.) S1t/-d72 J
ApplicantjAgent~Gr<!I'I¿"'l"" ¡)/I,'h:.J nr~J.tJt CI.M'Yc h. phon/5"(,ijSff.J-75' to
Address: 33 'f .;L.JtJA YI kft~: City: a hVJv-<.. State:r~ Zip: !)'..ltJð ¿
Fax Numbe~ j) ~7 '} - 7 ~ d , Mobile/Cellular Number: (~? 1) 5"10 - ð 72. /
Site locatiOn/add:S: '/'1 4- <{ 31 A/tJýft. {}VI/ 1'1 J.. v¡' ('\IV' I 0'1 b'7 ""'/ ..L '" ,
Existing zoning: ;e. - / Proposed zoning: ~ Historic District: '-- Landmark:-
Legal Description Sidwell parcel ID# or lot nul11ber/block numberlsulJdivision): S:;(j!IV I' / J :# S
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Total property (lot) area (square feet or acres): A 1m Yd;1.. tJ. 79 A C Yt'
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The Information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached,
p- """"', J!;! ~:~I g t/ (j Iff "--
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Date:
Date:
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FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee:~' uOReceived by: ~ Date: ~ Docket:
DSite/sketch plan 0 Conceptual Development Plan Dphoto DPlat
OImprovement plans DDesign review project description OFloor plan DOther:
Rug 20 03 09:58a
Planning
319-589-4221
1".5
Du~
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Qty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance ßjRezoning
DConditlonai Use Permit DPlanned District
DAppeal DPreiiminary Plat
DSpeciai Exception DMinor Final Plat
DUmited Setback Waiver DText Amendment
DSimpie Site Pian
DMinor Site Plan
0 Major Site Plan
0 Major Final Plat
DSimpie Subdivision
DAnnexation
DTemporory Use Penmit
Dcerttncate of Económic Non-VIability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint legibly in Ink
Property owner(s): flY>' brb( I' cJ Lc, VC'YV\.(.. ¡It." '" phone/5"""-V 5"'JtI-tI 72-/
Address: If/)- ¡f/. G rllJ1 tut'(!-y.I aty: 0,) b~ 10-<.. Stat;:L'I Zip: S- 21M!
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Fax Number: (,,~ sr3- 7tÞtI q Mobile/CellularNumber:(Sc.~) p,f/-tJ 72-/
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Address: 7 3 If 2 ,.J, Á M. IJ}tf h 7 () y, aty: f)tI blAJ 1M State:::[¿¡ Zip: S 2. ð CI 2-
Fax Number:51 '"'"'< tf f 4 .Þð1Î t Mobile/Cellular Number: .s:t h'\( d!S (;(.bd J/ é'
Site location/address: q8'5 Ndlv r" GYlf Y!(u,I1't! W, Ú)v ~ V'-{/ I.:? tV,,!
Existing zoning: f-- I Proposed zoning: ~ Historic District: "- - Landmark:-
reel ID# or lot number/blcx:k number/subdivision): ó?ï ra / :#
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Total property (lot) area (square feet or acres): Arrrõ)l... S,¿;,fS ß1¡,M'f'('
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3, All additional required written and graphic materials are attached. "'I~
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Fee: .3e>c. ~1eœived by: bIA--- Dat~~ Docket:
OSlte/sketch plan 0 Conceptual Development Plan OPhoto DPlat
OImprovement plans ODesign review project description OFlocr plan DOther:
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Vicinity Map
Applicant: Grandview United
Methodist Church/Grand view Avenue
United Methodist Church/Ambrose &
LaVern Klein
Location: 419,439 & 485
N, Grandview Avenue
Description: To rezone property
from R-1 Single-Family Residential
District to OC Office Commercial
District.
'ii:¡:!:¡¡!~1 Proposed Area to be Rezoned
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REZONING PETITION Iffi APR - 6 2004 ~
We the undersigned support the rezoning of the prope a 419,439
and 485 North Grandview, Dubuque, Iowa to OC (office co I ~~~QUE
the following memorandunl of agreement included by the Du PARTMENT
Council:,
(1) the Church structures at 419 and 439 North Grandview may not be
removed with the exception of a disaster which would requke their extensive
reconstrucion (this does not apply to 485 North Grandview);
(2) the rezoning of 419,439 and 485 North Grandview to OC may not
be for a bar or tavern even under the conditional use provisions.
NAME
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DATE
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REZONING PE1TI10N ~ IT: :R ~ 6" : IT: ~
We the undersigned support the rezoning of the prope a 419,439
and 485 North Grandview, Dubuque, Iowa to OC (office co . rm~~~~~ÄRTM
the following memorandum of agreement included by the Du ENT
Council:
(1) the Church structures at 419 and 439 North Grandview may not be
removed with the exception of a disaster which would require their extensive
reconstrucion (this does not apply to 485 North Grandview);
(2) the rezoning of 419,439 and 485 North Grandview to OC may not
be for a bar or tavern even under the conditional use provisions.
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PRUDENT IAL- FRIEDMEM
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REZONJNG PETITION lfù APR - 6 2004 &
We the undersigned support the rezoning of the property :t 4 9
and 485 North Grandview. Dubuque. Iowa to DC (office c . 1.~lg~~~~~Ã
the following memorandum of agreement included by the Dubuque City RTMENT
Council:
(1) the Church structures at 419 and 439 North Grandview may not be
removed with the exception of a disaster which would require their extensive
reconstrucion (this does not apply to 485 North Grandview);
(2) the rezoning of 419. 439 and 485 North Grandview to DC may not
be for a bar or tavern even under the conditional use provisions.
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REWNING PETITION ~ If: A~R ~ 6Ð : If: W
We the undersigned support the rezoning of the prope at 19,439
and 485 North Grandview, Dubuque, Iowa to OC (office co ~ GW~~~~~~ÄRTMENT
the following memorandum of agreement included by the DuDuque 1
Council:
(1) the Church structures at 419 and 439 North Grandview may not be
removed with the exception of a disaster which would reqllire their extensive
reconstrucion (this does not apply to 485 North Grandview);
(2) the rezoning of 419, 439 and 485 North Grandview to OC may not
be for a bar or tavern even under the conditional use provisions.
NAME ADDRESS DATE
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REZONlNG PETITION - ~
We the undersigned support the rezomng of the property t 9, å~~ 6 2004
and 485 North Grandview, Dubuque, Iowa to OC (office co rc' .
the following memorandum of agreement included by the Dub
Council:
(1) the Church structures at 419 and 439 North Grandview may not be
removed with the exception of a disaster which would require their extensive
reconstrucion (this does not apply to 485 North Grandview);
(2) the rezonffig of 419,439 and 485 North Grandview to OC may not
be for a bar or tavern even under the conditional use provisions.
NAME ADDRESS DATE PHONE
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REZONING STAFF REPORT
Zoning Agenda: April 7, 2004
Property Address:
419,439 &485 N. Grandview
Property Owner.
Ambrose and Laverne Klein, Grandview Avenue United
Methodist Church
Applicant:
Arvid Saele/Grandview United Methodist Church, James J.
Bradley
Proposed Land Use: Office/Commercial
Proposed Zoning: OC
Existing Land Use: Church/Residence
Existing Zoning: R-1
Adjacent Land Use:
North-Residential/Office
East - Office/Mortuary
South - Residential
West - Residential
Adjacent Zoning: North - R-1/C-2
East -ID/OS/OR
South - R-1
West - R-1
Former Zoning:
1934 - Single-Family
1975 -R-2
1985 - R-1
Total Area: Approx, 31,000 sq, ft.
Property History: Grandview Avenue United Methodist Church was erectecj at this site
in 1928. At the time the church was built, it was surrounded primarily by si¡1)gle-family
residential development with a commercial node at Grandview Avenue and, Delhi
Street. The church use continued until June of 2003, when Grandview United
Methodist Church moved to a new building on John F, Kennedy Road. The residential
development across Grandview Avenue from the subject property has slowly evolved
into a mortuary, medical offices and parking for the Finley Hospital Institutional District.
The residential development on the other three sides of the church property has
remained generally unchanged.
The existing residence at 485 N. Grandview Avenue was built in 1911, At the time the
church was built, this neighborhood was primarily single-family residential development
with a commercial node at N. Grandview Avenue and Delhi Street. The property has
remained residential until the present time. The property directly north of the residence
was originally zoned LB (Local Business District) and subsequently changed to C-1 and
then C-2. A small 560 square foot office was built at this location in 1955,
Physical Characteristics: The church property is located at the corner of Bennett Street
and N. Grandview Avenue, The church/classroom building is approximately 8,200
square feet in area and is positioned at the southeast corner of a 31,200 square foot
level lot. There is an existing parking lot on the north half of the property and along the
alley behind the classroom building with primary access to N. Grandview Avenue,
There is an alley at the rear of the property that provides a second access to parking,
Grandview Avenue is a two-lane street and is separated by a median with parking on
both sides at this location,
Rezoning Staff Report - 419 Grandview Avenue
Page 2
The residential property is a relatively level, approximately 5,000 square foot lot, with
frontage on Grandview with an alley behind, The lot currently has a 1,700 square foot
single-family home with a detached garage,
Concurrence with Comprehensive Plan: The Comprehensive Plan recommends that
this area remain institutionallresidential use, The goal outlined in Section 5,2 of the
Comprehensive Plan states, "to protect and preserve City historic buildings, urban
pattern and natural environment. Goal 7,1 states, "to encourage redevelopment or
adaptive re-use of vacant or underutilized buildings and sites,"
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The IDOT 1997 annual average daily traffic counts
indicate 16,100 vehicle trips per day along N. Grandview Avenue directly south of
the subject property and 7,400 trips per day along N. Grandview Avenue at the
intersection with University Avenue,
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment as
the site is currently developed, Redevelopment of the site would require adequate
erosion control and storm water control during all phases of development.
Adjacent Properties: The church property is directly adjacent to six single-family
residences, and is bordered on three sides by a residential neighborhood.
Redevelopment of this site for commercial purposes may serve to increase the
amount of noise and activity within the neighborhood, The additional traffic may
also utilize an existing alley and side streets, which would funnel through the
residential neighborhood. The residential property is directly adjacent to the former
church parking lot with a single-family residence across the alley behind and a
small office building directly north, The potential redevelopment of this property
should have relatively limited impact on the adjacent church and office properties,
If redeveloped for a parking lot or commercial/office use, however, it may have a
slight impact on the residential property at 1730 Grace Street, as the side of the
residence faces the subject lot.
CIP Investments: None proposed,
Staff Analysis: The applicant is proposing to rezone the Grandview Avenue United
Methodist Church property and associated parking on a 31,000 square foot lot form R-1
Single Family Residential zoning district to OC Office/Commercial zoning district. The
applicant stated their intention is to utilize the existing church building and adjoining
office/classroom space for retail and office use, The applicant also stated that their
intention is for the existing buildings to remain,
Rezoning Staff Report - 419 Grandview Avenue
Page 3
The property is currently bordered on three sides by single-family residences and R-1
zoning. The property is across N, Grandview Avenue from office and institutional
zoning, accommodating a mortuary, medical clinic and parking for Finley Hospital.
There is a small insurance office and retail shop in a C-2 District - one lot removed
from the subject property at the corner of Grace Street and N, Grandview Avenue,
Redevelopment of this site for those uses permitted in an OC District may slightly
increase the amount of noise, activity, lighting and demand on parking for this area,
Currently, the site is accessed from a curb cut along N. Grandview Avenue and from an
alley that runs north and south behind the property that connects Grace and Bennett
Streets,
The preamble of the OC Office/Commercial District states, in part, that OC Districts are
to be encouraged in architecturally significant areas where the adaptive re-use of
existing buildings is encouraged, The applicant has stated that their intention is for the
existing buildings to remain and the OC District preamble encourages the adaptive re-
use of existing historic and/or architecturally significant buildings. The only way for the
Commission to ensure that the existing buildings are preserved is to require a
conditional rezoning bound by a memorandum of agreement.
The applicant is also proposing to rezone an approximately 5,000 square foot
residential lot at 485 N. Grandview in conjunction with their request to rezone the
church property from R-1 Single-Family Residential district to OC Office Commercial
district. The property is bordered by the church parking lot, a single-family residence
across the alley behind and a small office at the corner of Grace Street and Grandview
Avenue. The property is across N, Grandview Avenue from the Finley Hospital
Institutional District. Currently, the site is accessed from the alley behind with no curb
cut onto N, Grandview Avenue
It is not clear whether there are any immediate plans for redevelopment of the
residential lot; however, under OC District regulations the structure could continue as a
residential use, be converted into a business, or be demolished to provide a new
development site for a building or parking, Redevelopment of this site for those uses
permitted in an OC District may slightly increase the amount of noise, activity, light and
demand on parking for this area,
Staff recommends that the Commission review the criteria for granting a rezoning.
Prepared by: lé.HE¡..Ij~-.I.""4 Reviewed: 'lI ~ Date: 3-31-ot./
.
.
Prepared by: Laura Carstens City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 27-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 419,439 AND 485 NORTH GRANDVIEW
AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OC OFFICE
COMMERCIAL 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 reclassifying the hereinafter.described
property from R-1 Single-Family Residential District to OC Office Commercial District,
with conditions, to wit:
Lot 1 of 1 and Lot 2 of 1, Lot 2, Lot 3 and Lot 4, all of Hodges Subdivision,
and to the centerline ofthe adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed b 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
19th
day of April 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
D)
E)
F)
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. of 1, Lot 2 of 1, Lots 2 and 3, and Lot 4 all in Hodges
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. 27-04, 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)
Performance Standards
I 1)
Demolition of the church structures at 419 and 439 North Grandview
Avenue is prohibited except in the case of damage that would require their
extensive reconstruction.
2)
Bars and taverns are prohibited.
B)
Reclassification of the Subiect Propertv. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single-Family Residential District
(which rezoning will include the removal of the performance standards in Section
A above) if the property owner(s) fails to complete any of the conditions or
provisions of this Agreement that apply to their respective properties.
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinanœ
governing zoning reclassifications. All such modifiCations must be approved by
the City Council of Dubuque, Iowa.
C)
Recordina. 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.
&- 7 -04.
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.
This Agreement shall be binding upon the undersigned and hislher heirs,
successor and assignees.
,
).
ACCEPTANCE OF ORDINANCE NO. 27-04
I, Steve Smith, as purchaser of 419 and 439 North Grandview Avenue,
having read the terms and conditions of the foregoing Ordinance No. .7 /' -04 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 13th day of April, 2004.
By: /s/ Steve Smith
Ar>r-tL
By
2004.
...
, .
ACCEPTANCE OF ORDINANCE NO. 27-04
We, Ambrose J. and LaVerne B. Klein, property owners, 485 North
Grandview Avenue, having read the terms and conditions of the foregoing Ordinance
No. if 7 -04 and being familiar with the conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated in Dubuque, Iowa this 15th day of April, 2004.
By: /s/ Ambrose J. Klein
By: /s/ LaVerne D. Klein
/Si/..,dayof
IJp't'¡ I
2004.
By ~ ~--'-~ .
Ambrose J. Klein
By:rfaìJ ~ ~
laVerne D. Klein
ACCEPTANCE OF ORDINANCE No. 27-04
I, Philip M. Keating, purchaser of 419 and 439 North GrandviewAvenue,
having read the terms and conditions of the foregoing Ordinance No. ð1 -04 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 4 15 2004
By: /s/ Philip M. Keating
ACCEPTANCE OF ORDINANCE NO. 27-04
I, Ronald A. Balmer, Chairman of trustees, representing Grand View
United Methodist Church, property owner of 419 and 439 North Grandview Avenue,
having read the terms and conditions of the foregoing Ordinance No. ¿?1- -04 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 19th day of April, 2004.
By: /s/ Ronald A. Balmer
Chairman of Trustees
Grand View United Methodist Church
Re: Grandview Church rezone
We have been working on the marketing of the property at 419 and
439 North Grandview, Dubuque, Iowa for a long time. Many have viewed
the property but only two have ever made offers with the financial ability to
purchase the property. The current offer is from a buyer with the fmancial
capability. This Buyer also wants to retain the structure and windows. This
note to you is to ask for your support to rezone the Grandview Church
property and the Klein home at 485 North Grandview to DC. After many
meetings, neighbors, Buyers and Sellers have shown their support of the
rezone to DC under the following conditions covered by a memorandum of
agreement to be approved by you the Dubuque City Council. (1) The former
church structures cannot be removed except if they are damaged by a
disaster that requires extensive reconstruction. (2) The former church
property as well as the Klein home at 485 North Grandview cannot be used
for a bar or tavern even under the conditional use provisions of DC zoning.
A petition of support to rezone to DC with the memorandum of agreement
has been signed by the Buyers, the Sellers, Mr. and Mrs. Klein and the
neighbors within 200 feet of the property. This petition has been submitted
to the Dubuque Planning and Zoning office. Please contact me either by
phone at 583-7580 (my office) or 583-3714 (my home) or bye-mail
ibradlev@mwci.net about this rezoning case. I am open to discussing all
aspects of the rezoning. May we have your support for this rezone?
Sincerely yours, Jim Bradley, Real Estate Agent
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