Demolition District amendments
PlalU1ing 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@cityofdubuque. 0 rg
www.cityofdubuque.org
'.; ,.
THE CITY OF Çi:~, /,
DuBùQuE
~ck~
.>
July 23, 2004
The Honorable Mayor and City Council
City of Dubuque
50 W.13th Street
Dubuque, IA 52001
RE: Proposed Amendment to Demolition District Regulations
Dear Mayor and City Council Members:
INTRODUCTION
The Historic Preservation Commission (HPC) is requesting that the City Council
approve the proposed amendments to the Demolition District regulations. The first
attachment shows the new language in bold with deleted language is crossed out. The
second attachment is the regulations with the amendments included.
BACKGROUND
The Demolition Districts were created to help protect architecturally and historically
significant structures from being demolished. The Building Official cannot issue
demolition permits in these areas without review by the HPC and final approval by the
City Council.
Structures located in these demolition districts are not subject to a design review by the
HPC. The property owner may make exterior alterations to the structure.
As a result of public input received during the HPC's public meetings on the proposed
Warehouse Demolition District and the proposed Grandview Avenue Demolition District,
the HPC discussed potential revisions to the Demolition District regulations.
DISCUSSION
The proposed changes to the Demolition District regulations are discussed below:
Name of District
The name of the Demolition District is confusing at times, because it seems to imply that
the area is slated for demolition when actually the intent is to conserve existing building
stock and find alternatives to demolition. The names of other districts indicate what
their intent is: zoning district, historic preservation district, urban revitalization district,
etc. A change in the name of the districts to "Conservation Districts" is proposed.
Service
People
Integrity
Resp°",ibilHy
Innovation
Teamwork
Proposed Amendment to Demolition District Regulations
July 23, 2004
Page 2
Dwelling Units
The Community Development Advisory Commission (CDAC) has suggested changes to
the Demolition District regulations, which would provide for notification and comment by
the Housing and Community Development Department on demolition requests affecting
buildings with dwelling units. The HPC concurs with these changes. A letter of support
from the CDAC is attached.
Financial Information
Concerns were expressed at the HPC's public meetings for the Warehouse and
Grandview Avenue Demolition Districts about the extent and nature of the financial
information required to be submitted to document economic non-viability of the building
proposed for demolition.
When the Demolition District regulations were revised in 2000, the same financial
information for economic non-viability that is applied in the Historic Preservation
Districts was used for the Demolition Districts. Since the purposes of the Historic
Preservation Districts and the Demolition Districts are different, it seems reasonable that
the financial information could be different.
Comments were received from staff in the Economic Development Department, Legal
Department, and Housing and Community Development Department on what financial
information they believe is necessary, what changes they would make, and what they
feel could be dropped from this list.
RECOMMENDATION
By a vote of 5 to 0, the HPC Commission respectfully requests that the City Council
adopt the proposed amendments to the Demolition District regulations.
Sincerely,
A/~
David Stuart, Chairperson
Historic Preservation Commission
Attachments
cc:
Michael Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Rich Russell, Building Services Manager
David Harris, Housing & Community Development Director
H&CD
Housing and Community Development Department
1805 Central Avenue
Dubuque, Iowa 52001-3656
(563) 589-4212 office
(563) 589-4203 fax
akrame'@dtyofdubuque.org
D~-
~ck~-
May 13, 2004
Historic Preservation Commission
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
RE: Demolition Districts
This letter reports the comments of the Community Development Advisory Commission
on the proposed revisions to the Demolition District regulations. The Commission
discussed the revision at their meetings on Wednesday April 14th and May 1ih.
The Commission voted to support the proposed revisions to the Demolition District
regulations that provide the Housing and Community Development Department the
opportunity to comment on any demolition request in a demolition district that involves
dwelling units. This information would be provided to the Historic Preservation
Commission, including strategies, which would allow the property owner to earn a
reasonable economic return on their property. They recommend your approval of the
proposed revisions.
Respectfully submitted,
J~ ~ c;#¡all1t(
Paula Maloy SVM, Chairperson
Community Development Advisory .commission
cc: Michael Van Milligen, City Manager
David Harris, Housing and Community Development
Laura Carstens, Planning Services Manager
Service
People
Integrity
RespD"'lbllity
Innovation
Teamwork
ATTACHMENT 1: PROPOSED AMENDMENTS
DEMOLITION PERMITS IN DEMOLITION CONSERVATION DISTRICTS
11-4(a) Application of Section: The provisions of this Section shall apply to all buildings
located in whole or in part within the following described domelition conservation
districts:
(1) Fourth Street Neighborhood: Beginning at the intersection of Seventh and Bluff
Streets, thence southerly along Bluff Street to its intersection with West Fifth Street;
thence westerly along West Fifth Street to its intersection with the northerly extension of
Raymond Street; thence southerly along Raymond Street and its northerly and
southerly extensions to its intersection with West Third Street; thence easterly along
West Third Street to its intersection with St. Mary's Street; thence southerly along St.
Mary's Street to its intersection with Emmett Street; thence easterly along Emmett
Street to its intersection with Bluff Street; thence southerly along Bluff Street to its
intersection with First Street; thence easterly along First Street to its intersection with
the alley between Bluff and Locust Streets; thence northerly along the alley between
Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along
West Fifth Street to its intersection with Locust Street; thence northerly along Locust
Street to its intersection with Seventh Street; thence westerly along Seventh Street to its
intersection with Bluff Street which is the point of beginning.
(2) Fenelon Place Neighborhood: Beginning at the intersection of West Fifth and Burch
Streets, thence southerly along Burch Street to its intersection with West Third Street;
thence easterly along West Third Street to its intersection with the southerly extension
of Raymond Street; thence northerly along Raymond Street and its southerly and
northerly extensions to its intersection with West Fifth Street; thence westerly along
West Fifth Street to its intersection with Burch Street which is the point of beginning.
(3) Third Street Neighborhood: Beginning at the intersection of West Third and Hill
Streets thence southwesterly along Hill Street to its intersection with Langworthy Street;
thence northwesterly along Langworthy Street to its intersection with Alpine Street;
thence northeasterly along Alpine Street to its intersection with West Third Street;
thence northwesterly along West Third Street to its intersection with Nevada Street;
thence northeasterly along Nevada Street to its intersection with West Fifth Street;
thence southeasterly along West Fifth Street to its intersection with Alpine Street;
thence southerly along Alpine Street to its intersection with Melrose Terrace; thence
southeasterly along Melrose Terrace and its southeasterly extension to its intersection
with Winona Street; thence southwesterly along Winona Street to its intersection with
West Third Street; thence southeasterly along West Third Street to its intersection with
Hill Street which is the point of beginning.
(4) Washington Street Neighborhood: Beginning at the intersection of Sixteenth and
Washington Streets thence westerly along Sixteenth Street to its intersection with
Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth
Street; thence westerly along Eighteenth Street to its intersection with Central Avenue;
Page 1
ATTACHMENT 1: PROPOSED AMENDMENTS
thence southerly along Central Avenue to its intersection with Fourteenth Street; thence
easterly along Fourteenth Street to its intersection with Washington Street; thence
northerly along Washington Street to its intersection with Sixteenth Street which is the
point of beginning.
(5) Jackson Park Neighborhood: Beginning at the intersection of Fourteenth Street and
Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa
Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence
westerly along Tenth Street to its intersection with Bluff Street; thence northerly along
Bluff Street to its intersection with Locust Street; thence northwesterly along Locust
Street to its intersection with Ellis Street; thence northerly along Ellis Street and its
northerly extension to its intersection with Clarke Drive; thence northwesterly along
Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street
to its intersection with Lowell Street; thence southeasterly along Lowell Street to its
intersection with North Main Street; thence southerly along North Main Street to its
intersection with Clarke Drive; thence southeasterly along Clarke Drive and its
southeasterly extension to its intersection with Central Avenue; thence southerly along
Central Avenue to its intersection with Fourteenth Street which is the point of beginning.
(6) West Eleventh Street Neighborhood: Beginning at the intersection of Ninth and Bluff
Streets thence westerly along Ninth Street to its intersection with University Avenue;
thence westerly along University Avenue to its intersection with Spruce Street; thence
northerly along Spruce Street to its intersection with West Eleventh Street; thence
westerly along West Eleventh Street to its intersection with Walnut Street; thence
northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly
along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox
Street to its intersection with the westerly extension of West Sixteenth Street; thence
easterly along West Sixteenth Street and its westerly extension to its intersection with
Montrose Terrace; thence northerly along the northeasterly extension of Montrose
Terrace to its intersection with West Locust Street; thence southeasterly along West
Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to
its intersection with Ninth Street which is the point of beginning.
(7) Broadway Street Neighborhood: Beginning at the intersection of West Twenty-third
Street and Central Avenue thence westerly along West Twenty-third Street to its
intersection with Lewis Street; thence northwesterly along Lewis Street to its
intersection with Fulton Street; thence northerly along Fulton Street to its intersection
with King Street; thence easterly along King Street and its easterly extension to its
intersection with Central Avenue; thence southerly along Central Avenue to its
intersection with West Twenty-third Street which is the point of beginning.
(8) Downtown Neighborhood: Beginning at the intersection of White Street and
Fourteenth Street, thence southerly along White Street to its intersection with Fifth
Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence
easterly along the railroad tracks to their intersection with the Mississippi River; thence
Page 2
ATTACHMENT 1: PROPOSED AMENDMENTS
southerly along the riverfront across the Ice Harbor to the eastern terminus of First
Street; thence westerly along First Street to its intersection with U.S. Highway 61/151;
thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street
Connector; thence westerly along the Locust Street Connector and across Locust Street
to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane;
thence northerly along Bissell Lane extended to First Street; thence westerly along First
Street to its intersection with Bluff Street; thence northerly along Bluff Street to its
intersection with Fifth Street; thence easterly on Fifth Street to its intersection with
Locust Street; thence northerly on Locust Street to its intersection with Seventh Street;
thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly
on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to
the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along
Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its
intersection with Tenth Street; thence easterly along Tenth Street to its intersection with
Iowa Street; thence northerly along Iowa Street to Its intersection with Fourteenth
Street; thence easterly along Fourteenth Street to its intersection with White Street,
which is the point of beginning.
11-4(b) Review by the Historic Preservation Commission. Upon receiving an application
for a demolition permit for any building subject to this section, the building official shall
immediately notify the Historic Preservation Commission of such application. If the
application is for any building with one or more dwelling units, the building
official shall also immediately notify the Housing and Community Development
Department. The applicant shall file the information required in this section with the
Historic Preservation Commission at the Office of the Planning Services Department by
the application deadline established by the Commission. If the application is for any
building with one or more dwelling units, the Planning Services Department shall
provide the filed information to the Housing and Community Development
Department.
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of the application, or table the application for additional information
for a specified period not to exceed sixty (60) days from the date of application with the
Commission. A failure of the Commission to take action on the application within the
sixty (60) day period, unless the applicant requests and the Commission grants an
extension of such time, shall constitute Commission approval thereof. The
recommendation of the Commission shall be transmitted to the City Clerk. The City
Clerk shall promptly transmit the recommendation and the application v.'ithiR the sixty
(60) Etay 3eriod to the City Council for its consideration.
The Commission shall review all of the information submitted by the applicant and, if
the application is for any building with one or more dwelling units, all of the
information submitted by the Housing and Community Development Department,
and shall make a determination as to the following:
Page 3
ATTACHMENT 1: PROPOSED AMENDMENTS
(1) Whether the building proposed for demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property owner
from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property, or that the building does
not have any historical or architectural significance to the community, the Commission
shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property and that the building
has historical or architectural significance to the community, the Commission shall
recommend denial of the permit application.
11-4(c) Historic and architectural significance guidelines and review criteria. The report,
"Heritage of Dubuque" dated March 1974 and filed on record on January 27,1975, shall
be considered as a comprehensive study for the historical preservation of the city and
as one of the guides to be considered at such time as a demolition permit is applied for
in a reference demolitieA conservation district. The City of Dubuque's Historic Property
Inventory and any subsequent official architectural/historical surveys/evaluations and
nominations to the National Register of Historic Places prepared for any buildings
located within the neighborhoods described in subsection (a) also shall be considered
as guidelines at such time.
In determining whether a building has historic or architectural significance, the
Commission and the City Council shall consider an application for a demolition permit in
accordance with the standards for review set forth in the Secretary of the Interior's
Standards for Identification and Evaluation, and any subsequent revisions of these
standards and guidelines by the Secretary of the Interior. The Commission and the City
Council shall also consider a determination from the State Historical Society of Iowa as
to the potential eligibility for listing of the building proposed for demolition on the
National Register of Historic Places.
11-4(d) Economic Guidelines and Review Criteria. In determining whether to
recommend approval or denial of the application, the Commission and the City Council
may consider the information set forth in this subsection. The Commission and the City
Council may also investigate strategies which would allow the property owner to earn a
reasonable economic return on the property, may solicit expert testimony, and may
require that the applicant make submissions concerning any or all of the following
information:
(1) Estimate of A bid from a qualified contractor showing the cost ofthe proposed
demolition;
Page 4
ATTACHMENT 1: PROPOSED AMENDMENTS
(2) A report from a licensed engineer, Of architect or contractor with experience in
rehabilitation as to the structural Gounelness integrity of any strllGtur-es ane their
suita13i1ity far rehaBilitation of any structure that the applicant proposes to demolish;
(3) An Estimated opinion of the market value and the appraised value of the
property by a realtor or appraiser: a) in its current condition, b) after completion of the
proposed demolition, afI€I c) after renovation of the existing property for continued use,
and d) all appraisals obtained within the last five (5) years for the property;
(4) An estimate from an architect, developer, real estate consultant, appraiser or other
real estate professional experienced in rehabilitation of the cost: , as te the esenamic
feasibility sf rehabilitatien er r-euse ef the existin¡¡ structure on the pr:epert>¡ a) to
perform the repairs identified by the Building Services Department and the
Housing and Community Development Department if the structure contains one
or more dwelling units, and b) to rehabilitate the structure;
(5) The amount paid for the property, the date of purchase and the person from whom
the property was purchased, incluelin¡¡ a description of the relationship, if any, between
the owner of record,-ef the applicant and the person from whom the property was
purchased, and aAy the terms of the purchase or proposed purchase, including
financing 13et\'.<een the seller aneiBuyer;
(6) If the property is income producing, the annual ¡¡rOBS incame from the praperty Form
1040 Schedule E or equivalent for the previous two (2) years;
(7) Itemized operating and maintenance expenses for the previous two (2) years, and
the depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
(8) The remaining name of all mortgagees and the balance eR of aAy all mortgages
or other financing secured by the property and annual debt service, if any, for the
previous two (2) years;
(9) .'\11 appraisals eBtaineei within the pr-e'/ious tv,'e (2) yeaFS BY the ewner or applisant in
conneGtian with the purehase, financing er awneFShip af the property;
(W 9) Any listing of the property for sale or rent, the price asked and offers received, if
any, within the previous ~ five (5) years;
(# 10) The assessed value of the property for the previous accareling to the two (2)
assessment years mo£t reGent assessments;
(~11) The amount of real estate taxes assessed for the previous two (2) assessment
years and whether or not they have been paid;
Page 5
ATTACHMENT 1: PROPOSED AMENDMENTS
(13) TRG feFm ef ewner-sRil'l er e¡:¡GFatien of tile ¡:¡rol'leFly, wRather solo ¡:¡r-Gl'lrietoFSRi¡:¡,
for ¡:¡r-efit or net for ¡:¡r-efit serl'leration, limited ¡:¡artnershi¡:¡, joint '¡entlJre or etRer;
(4412) Any other information considered necessary by the Commission by the City
Council to make a determination as to whether the property does or may yield a
reasonable economic return to the property owner(s), insl¡¡àin!i B¡¡t not limiteà to the
income tax bFasket ef tRG ownGr(s) or a¡:¡plisants er tRe prinsipal investeF(s) in tile
PfGpe¡ty ;
(4Ð 13) PJ:eef A statement of the applicant's efforts to obtain financing, tax incentives,
preservation grants and other incentives sufficient to allow the applicant to earn a
reasonable economic return from the property in its current condition, and after
renovation of the existing property for continued use; and
(46 14) A sAewi¡:¡g statement of the applicant's current efforts in ongoing maintenance
and repair activities.
If the application is for any building with one or more dwelling units, the Housing
and Community Development Department may also make submissions
concerning any or all of the above information, including strategies which would
allow the property owner to earn a reasonable economic return on the property,
The Commission shall consider such information.
11-4(e) Action by the City Council. At its next regular meeting following receipt ofthe
recommendation of the Commission by the City Clerk, the City Council shall hold a
hearing on the application for a demolition permit and shall approve, deny or withhold
action on the application for a specified period not to exceed ninety (90) days from the
date of application to the Building Services Department, unless the applicant requests
an extension of such time. If the City Council fails to take action to approve, deny or
withhold action on the application within the ninety (90) day period, or such extension as
requested by the applicant, the building official shall issue the permit forthwith.
The City Council may withhold action on the application to allow the City Council and
the Commission an opportunity to investigate the historical or architectural value of the
building to the community and to take such action as may be appropriate to encourage
its preservation. However, nothing in this section shall authorize the withholding by the
building official of a demolition permit for more than ninety (90) days from the date of
application to the Building Services Department, unless the applicant requests an
extension.
At the hearing, the City Council shall consider the recommendation of the Commission,
any information submitted to the Commission by the applicant, any information
submitted to the City Council by the applicant, and, if the application is for any
Page 6
ATTACHMENT 1: PROPOSED AMENDMENTS
building with one or more dwelling units, any information submitted by the
Housing and Community Development Department.
If the City Council finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property or. that the building does not
have any historical or architectural significance to the community, the City Council shall
approve the application.
If the City Council finds that denial of the application would not prevent the owner from
earning a reasonable economic return on the property and that the building has
historical or architectural significance to the community, the City Council shall deny the
application.
If the City Council denies the application, it shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
Page 7
Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th Sl. Telephone: 589-4210
ORDINANCE NO. 57-04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING
DEMOLITION DISTRICTS.
Whereas, the Historic Preservation Commission has recommended amendments
to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances
regarding Demolition Districts; and
Whereas, the City of Dubuque established Demolition Districts to allow for the
City Council's review of demolition permits that might impact buildings of historic or
architectural significance in these districts; and
Whereas, the City has appointed the Historic Preservation Commission to review
demolition permits in demolition districts; and
Whereas, the City Council finds that the recommended amendments to Chapter
11 are consistent with the goals and objectives of the City's Comprehensive Plan and
the purpose and intent of the City's Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending the following sections to read as follows:
DEMOLITION PERMITS IN CONSERVATION DISTRICTS
11-4(a) Application of Section: The provisions of this Section shall apply to all buildings
located in whole or in part within the following described conservation districts:
(1) Fourth Street Neighbomood: Beginning at the intersection of Seventh and Bluff
Streets, thence southerly along Bluff Street to its intersection with West Fifth Street;
thence westerly along West Fifth Street to its intersection with the northerly extension of
Raymond Street; thence southerly along Raymond Street and its northerly and
southerly extensions to its intersection with West Third Street; thence easterly along
West Third Street to its intersection with St. Mary's Street; thence southerly along St.
Mary's Street to its intersection with Emmett Street; thence easterly along Emmett
Street to its intersection with Bluff Street; thence southerly along Bluff Street to its
intersection with First Street; thence easterly along First Street to its intersection with
the alley between Bluff and Locust Streets; thence northerly along the alley between
Demolition Districts Amendment
Page 2 of 7
Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along
West Fifth Street to its intersection with Locust Street; thence northerly along Locust
Street to its intersection with Seventh Street; thence westerly along Seventh Street to its
intersection with Bluff Street which is the point of beginning.
(2) Fenelon Place Neighborf¡ood: Beginning at the intersection of West Fifth and Burch
Streets, thence southerly along Burch Street to its intersection with West Third Street;
thence easterly along West Third Street to its intersection with the southerly extension
of Raymond Street; thence northerly along Raymond Street and its southerly and
northerly extensions to its intersection with West Fifth Street; thence westerly along
West Fifth Street to its intersection with Burch Street which is the point of beginning.
(3) Third Street Neighborf¡ood: Beginning at the intersection of West Third and Hill
Streets thence southwesterly along Hill Street to its intersection with Langworthy Street;
thence northwesterly along Langworthy Street to its intersection with Alpine Street;
thence northeasterly along Alpine Street to its intersection with West Third Street;
thence northwesterly along West Third Street to its intersection with Nevada Street;
thence northeasterly along Nevada Street to its intersection with West Fifth Street;
thence southeasterly along West Fifth Street to its intersection with Alpine Street;
thence southerly along Alpine Street to its intersection with Melrose Terrace; thence
southeasterly along Melrose Terrace and its southeasterly extension to its intersection
with Winona Street; thence southwesterly along Winona Street to its intersection with
West Third Street; thence southeasterly along West Third Street to its intersection with
Hill Street which is the point of beginning.
(4) Washington Street Neighborf¡ood: Beginning at the intersection of Sixteenth and
Washington Streets thence westerly along Sixteenth Street to its intersection with
Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth
Street; thence westerly along Eighteenth Street to its intersection with Central Avenue;
thence southerly along Central Avenue to its intersection with Fourteenth Street; thence
easterly along Fourteenth Street to its intersection with Washington Street; thence
northerly along Washington Street to its intersection with Sixteenth Street which is the
point of beginning.
(5) Jackson Park Neighborf¡ood: Beginning at the intersection of Fourteenth Street and
Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa
Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence
westerly along Tenth Street to its intersection with Bluff Street; thence northerly along
Bluff Street to its intersection with Locust Street; thence northwesterly along Locust
Street to its intersection with Ellis Street; thence northerly along Ellis Street and its
northerly extension to its intersection with Clarke Drive; thence northwesterly along
Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street
to its intersection with Lowell Street; thence southeasterly along Lowell Street to its
intersection with North Main Street; thence southerly along North Main Street to its
intersection with Clarke Drive; thence southeasterly along Clarke Drive and its
Demolition Districts Amendment
Page 3 of 7
southeasterly extension to its intersection with Central Avenue; thence southerly along
Central Avenue to its intersection with Fourteenth Street which is the point of beginning.
(6) West Eleventh Street Neighbomood: Beginning at the intersection of Ninth and Bluff
Streets thence westerly along Ninth Street to its intersection with University Avenue;
thence westerly along University Avenue to its intersection with Spruce Street; thence
northerly along Spruce Street to its intersection with West Eleventh Street; thence
westerly along West Eleventh Street to its intersection with Walnut Street; thence
northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly
along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox
Street to its intersection with the westerly extension of West Sixteenth Street; thence
easterly along West Sixteenth Street and its westerly extension to its intersection with
Montrose Terrace; thence northerly along the northeasterly extension of Montrose
Terrace to its intersection with West Locust Street; thence southeasterly along West
Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to
its intersection with Ninth Street which is the point of beginning.
(7) Broadway Street Neighbomood: Beginning at the intersection of West Twenty-third
Street and Central Avenue thence westerly along West Twenty-third Street to its
intersection with Lewis Street; thence northwesterly along Lewis Street to its
intersection with Fulton Street; thence northerly along Fulton Street to its intersection
with King Street; thence easterly along King Street and its easterly extension to its
intersection with Central Avenue; thence southerly along Central Avenue to its
intersection with West Twenty-third Street which is the point of beginning.
(8) Downtown Neighbomood: Beginning at the intersection of White Street and
Fourteenth Street, thence southerly along White Street to its intersection with Fifth
Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence
easterly along the railroad tracks to their intersection with the Mississippi River; thence
southerly along the riverfront across the Ice Harbor to the eastern terminus of First
Street; thence westerly along First Street to its intersection with U.S. Highway 61/151;
thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street
Connector; thence westerly along the Locust Street Connector and across Locust Street
to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane;
thence northerly along Bissell Lane extended to First Street; thence westerly along First
Street to its intersection with Bluff Street; thence northerly along Bluff Street to its
intersection with Fifth Street; thence easterly on Fifth Street to its intersection with
Locust Street; thence northerly on Locust Street to its intersection with Seventh Street;
thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly
on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to
the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along
Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its
intersection with Tenth Street; thence easterly along Tenth Street to its intersection with
Iowa Street; thence northerly along Iowa Street to Its intersection with Fourteenth
Street; thence easterly along Fourteenth Street to its intersection with White Street,
which is the point of beginning.
Demolition Districts Amendment
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11-4(b) Review by the Historic Preservation Commission. Upon receiving an application
for a demolition permit for any building subject to this section, the building official shall
immediately notify the Historic Preservation Commission of such application. If the
application is for any building with one or more dwelling units, the building official shall
also immediately notify the Housing and Community Development Department. The
applicant shall file the information required in this section with the Historic Preservation
Commission at the Office of the Planning Services Department by the application
deadline established by the Commission. If the application is for any building with one or
more dwelling units, the Planning Services Department shall provide the filed
information to the Housing and Community Development Department.
At its next regular meeting, the Commission shall recommend to the City Council
approval or denial of the application, or table the application for additional information
for a specified period not to exceed sixty (60) days from the date of application with the
Commission. A failure of the Commission to take action on the application within the
sixty (60) day period, unless the applicant requests and the Commission grants an
extension of such time, shall constitute Commission approval thereof. The
recommendation of the Commission shall be transmitted to the City Clerk. The City
Clerk shall promptly transmit the recommendation and the application to the City
Council for its consideration.
The Commission shall review all of the information submitted by the applicant and, if the
application is for any building with one or more dwelling units, all of the information
submitted by the Housing and Community Development Department, and shall make a
determination as to the following:
(1) Whether the building proposed for demolition has historic or architectural
significance to the community; and
(2) Whether denial of the proposed demolition permit would prevent the property owner
from earning a reasonable economic return on the property.
If the Commission finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property, or that the building does
not have any historical or architectural significance to the community, the Commission
shall recommend approval of the application.
If the Commission finds that denial of the application would not prevent the property
owner from earning a reasonable economic return on the property and that the building
has historical or architectural significance to the community, the Commission shall
recommend denial of the permit application.
11-4(c) Historic and architectural significance guidelines and review criteria. The report,
"Heritage of Dubuque" dated March 1974 and filed on record on January 27,1975, shall
be considered as a comprehensive study for the historical preservation of the city and
Demolition Districts Amendment
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as one of the guides to be considered at such time as a demolition permit is applied for
in a reference conservation district. The City of Dubuque's Historic Property Inventory
and any subsequent official architectural/historical surveyslevaluations and nominations
to the National Register of Historic Places prepared for any buildings located within the
neighborhoods described in subsection (a) also shall be considered as guidelines at
such time.
In determining whether a building has historic or architectural significance, the
Commission and the City Council shall consider an application for a demolition permit in
accordance with the standards for review set forth in the Secretary of the Interior's
Standards for Identification and Evaluation, and any subsequent revisions of these
standards and guidelines by the Secretary of the Interior. The Commission and the City
Council shall also consider a determination from the State Historical Society of Iowa as
to the potential eligibility for listing of the building proposed for demolition on the
National Register of Historic Places.
11-4(d) Economic Guidelines and Review Criteria. In determining whether to
recommend approval or denial of the application, the Commission and the City Council
may consider the information set forth in this subsection. The Commission and the City
Council may also investigate strategies which would allow the property owner to eam a
reasonable economic return on the property, may solicit expert testimony, and may
require that the applicant make submissions concerning any or all of the following
information:
(1) A bid from a qualified contractor showing the cost ofthe proposed demolition;
(2) A report from a licensed engineer, architect or contractor with experience in
rehabilitation as to the structural integrity of any structure that the applicant proposes to
demolish;
(3) An opinion of the market value and the appraised value of the property by a realtor
or appraiser: a) in its current condition, b) after completion of the proposed demolition,
c) after renovation of the existing property for continued use, and d) all appraisals
obtained within the last five (5) years for the property;
(4) An estimate from an architect, developer, real estate consultant, appraiser or other
real estate professional experienced in rehabilitation of the cost: a) to perform the
repairs identified by the Building Services Department and the Housing and Community
Development Department if the structure contains one or more dwelling units, and b) to
rehabilitate the structure;
(5) The amount paid for the property, the date of purchase and the person from whom
the property was purchased, a description of the relationship, if any, between the owner
of record, the applicant and the person from whom the property was purchased, and the
terms of the purchase or proposed purchase, including financing;
Demolition Districts Amendment
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~¡
(6) If the property is income-producing, Form 1040 Schedule E or equivalent for the
previous two (2) years;
(7) Itemized operating and maintenance expenses for the previous two (2) years, and
the depreciation deduction and annual cash flow before and after debt service, if any,
during the same period;
(8) The name of all mortgagees and the balance of all mortgages or other financing
secured by the property and annual debt service, if any, for the previous two (2) years;
(9) Any listing of the property for sale or rent, the price asked and offers received, if any,
within the previous five (5) years;
(10) The assessed value of the property for the previous two (2) assessment years;
(11) The amount of real estate taxes assessed for the previous two (2) assessment
years and whether or not they have been paid;
(12) Any other information considered necessary by the Commission by the City Council
to make a determination as to whether the property does or may yield a reasonable
economic return to the property owner(s);
(13) A statement of the applicant's efforts to obtain financing, tax incentives,
preservation grants and other incentives sufficient to allow the applicant to earn a
reasonable economic return from the property in its current condition, and after
renovation of the existing property for continued use; and
(14) A statement of the applicant's current maintenance and repair activities.
If the application is for any building with one or more dwelling units, the Housing and
Community Development Department may also make submissions concerning any or
all of the above information, including strategies which would allow the property owner
to earn a reasonable economic return on the property. The Commission shall consider
such information.
11-4(e) Action by the City Council. At its next regular meeting following receipt of the
recommendation of the Commission by the City Clerk, the City Council shall hold a
hearing on the application for a demolition permit and shall approve, deny or withhold
action on the application for a specified period not to exceed ninety (90) days from the
date of application to the Building Services Department, unless the applicant requests
an extension of such time. If the City Council fails to take action to approve, deny or
withhold action on the application within the ninety (90) day period, or such extension as
requested by the applicant, the building official shall issue the permit forthwith.
The City Council may withhold action on the application to allow the City Council and
the Commission an opportunity to investigate the historical or architectural value of the
-', .
Demolition Districts Amendment
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building to the community and to take such action as may be appropriate to encourage
its preservation. However, nothing in this section shall authorize the withholding by the
building official of a demolition permit for more than ninety (90) days from the date of
application to the Building Services Department, unless the applicant requests an
extension.
At the hearing, the City Council shall consider the recommendation of the Commission,
any information submitted to the Commission by the applicant, any information
submitted to the City Council by the applicant, and, if the application is for any building
with one or more dwelling units, any information submitted by the Housing and
Community Development Department.
If the City Council finds that denial of the application would prevent the property owner
from earning a reasonable economic return on the property or that the building does not
have any historical or architectural significance to the community, the City Council shall
approve the application.
If the City Council finds that denial of the application would not prevent the owner from
earning a reasonable economic return on the property and that the building has
historical or architectural significance to the community, the City Council shall deny the
application.
If the City Council denies the application, it shall state its findings in writing and shall
transmit a copy of such findings to the applicant.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 2nd day of
August
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk