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Zoning 55 W. 32nd NEnd Wrecking 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@cityofdubuque. 0 rg www.cityofdubuque.org DI~~~E ~c/Á¿~ September 13, 2004 n The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street Dubuque IA 52001 -- RE: Rezoning Applicant: Roger Kunde/North End Auto Wrecking, Inc. Location: 55 W. 32nd Street Description: To rezone property from AG Agricultural District and R-1 Single-Family Residential District to HI Heavy Industrial District. u' 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 and his attorney, Robert Klauer, spoke in favor of the request, reviewing the area to be rezoned, drainage improvements completed and proposed screening to shield vehicles from surrounding property with expansion of the salvage yard. Staff reviewed the history of the zoning request, which was filed in response to a Notice of Zoning Violation in screening and expansion of North End Wrecking Inc. Staff reviewed the proposed screening plan submitted by the applicant as requested by the Zoning Advisory Commission at their May 5, 2004 meeting. Staff also noted that junk and salvage yards have additional screening requirements related to their licenses. There were several public comments in opposition to the request, indicating that the rezoning should be denied because of negative impacts to surrounding residential property. Letters and petitions in opposition were received and filed by the Commission. The Zoning Advisory Commission discussed the request, noting that denying the rezoning would not resolve the issues related to screening. The Commission discussed conditions that could be applied to the rezoning, if approved, that would create a substantial vegetative buffer in the future. Sernœ People Integrity Re'pon,ibility Inno..tion Teomwork Rezoning - 55 W. 32nd Street September 13, 2004 Page 2 Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: 1} That a minimum four-foot high berm be constructed along the north and west boundaries of the site with plantings installed as indicated on the submitted landscape plan. 2} That the remaining 100-foot buffer along Olympic Heights Road shall be maintained and a security fence installed behind the berm. 3} No other natural vegetation shall be removed without replacement with berm and landscaping. 4} No new structures shall be constructed on the area requested for rezoning, or the existing heavy industrial zoned property on top of the hill {Parcel No: 10-11-453- 002}. The percentage of property owners within 200 feet in opposition is 1.5%. A simple majority vote is needed for the City Council to approve the request. A super majority vote is required for the City Council to modify the conditions. Respectfully submitted, (' Jkfb ,~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments Prepared by: Laura Carstens City Planner Address: 50 W 13th Street Telephone: 563-589-4210 ORDINANCE NO. -04 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE} OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG AGRICULTURAL DISTRICT TO HI HEAVY INDUSTRIAL 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 as shown in Exhibit A, and to the centerline of the adjoining public right-of-way; all in the City of Dubuque, Iowa from AG Agricultural District to HI Heavy Industrial District with conditions. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. provided by law. This Ordinance shall take effect immediately upon publication, as Passed, approved and adopted this day of 2004 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 {2001}, and as an express condition of rezoning of the property described as shown in Exhibit A, 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. -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} B} C} E} Conditions: The following conditions shall apply to the subject property: 1} That a minimum four-foot high berm be constructed along the north and west boundary of the site with plantings and fence installed as indicated on the submitted landscape plan. 2} That no vegetation be removed from the remaining 1 OO-foot buffer along Olympic Heights Road. 3} No other natural vegetation shall be removed without replacement with berm and landscaping. 4} No new structures shall be constructed on the area requested for rezoning, or the existing heavy industrial zoned property on top of the hill {Parcel No: 10-11-453-002}. Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District {which rezoning will include the removal of the performance standards in Section A above} if the property owner fails to complete any of the conditions or provisions of this Agreement. Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D} 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. -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. F} This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 04 I, Roger Kunde, representing North End Wrecking, Inc. having read the terms and conditions of the foregoing Ordinance No. -04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2004. By Roger Kunde HI R-1 HI 6. N D~ ~~~ Exhibit A Applicant: Roger Kunde/North End Auto Wrecking Inc. (tabled) Location: 55 W. 32nd Street Description: To rezone property from AG Agricultural District and R-1 Single-Family Residential District to HI Heavy Industrial District ill]] D Proposed Area to be Rezoned Zoning boundary Du~ ~~~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM D Variance DConditional Use Permit DAppeal DSpecial Exception DUmited Setback Waiver .Rezoning DPlanned District DPreliminary Plat DMinor Rnal Plat DText Amendment DSimple Site Plan DMinor Site Plan 0 Major Site Plan 0 Major Rnal Plat DSimpie Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please type or print leQiblv in Ink Address: 55 W. 32nd Street aty: Oubuque Phone: (563)556-1044 State: Iowa Zip: 52001 Property owner(s): North End Auto Wrecking, Tne Fax Number: (563)556-5097 Mobile/Cellular Number: (563)590-1652 Address: 55 W. 32nd Street Oty: Dubuque Phone: (563)590-1652 State: Iowa Zip: 52001 Applicant/Agent: Roqer Kunde, Corporat i on Pres i dent Fax Number: (563)556-5097 Mobile/Cellular Number: (563) 590-1652 Site location/address: 55 W. 32nd Street, Dubuque, Iowa 52001 Existing zoning: AG Proposed zoning: J:i.:.l.!:!Q... Historic District: - landmark: Legal Description (Sidwell. parcel ID~ or lot number/block number/subdivision): Lot 1 of Lot 1 lot 1 of Oakwood 1n the C1ty of Dubuque, Iowa. & Lot 10 of GiTTispies, City of Dubuque. Total property (lot) area (square feet or acres): 7.0 Acres: 5.75 Oakwood & 1.25 GilTispies. Describe proposal and reason necessary (attach a letter of explanaDon, if needed): See Exhibit "A" attached. ŒRTIACATION: I/we, the undersigned, do hereby certify that: 1. The infonnaDon submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. 2. 3. Property OWner(s): No Applicant/Agent: ~ FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CH~CKLIST Fee: ((1.-00..,a Received by: ~ ... Date-.3J7b<! ðc/Docket: , / ' ~/sketch plan 0 (çnceptual Development,Rlan OPhoto' OPlat DImprovement plans DDesign review project desc~Ption OAcer plàn OOther: ( Exhibit A RE: Zoning Appeal on property owned by North End Auto Wrecking, Inc. North End Auto Wrecking, Inc. is the owner of 10 parcels of real estate located at 55 W. 32nd Street, Dubuque, Iowa. This Corporation has conducted business at this location in excess of 50 years. A copy of the aerial photos and zoning pIat are attached to this Application for reference. The buildings of the corporation are located on the level area of land immediately adjacent to W. 32nd Street. The business consists of the purchase, recycling and resale of used auto parts. The business purchases wrecked or discarded automobiles, strips them of their usable parts, then crushes them and disposes of the remaining body of the car for scrap. After this is done they inventory the parts by computer for resale. This process makes it necessary for the vehicles to be stored or sit ideal for a period or time while parts are being taken off or the vehicle dismantled and parts sold. In the event North End Auto Wrecking, Inc. purchases additional property from the City of Dubuque on the hill it will also be used to store automobiles awaiting their dismantle or sale of parts. The company has used this hill top storage area for about 50 years. This was prior to the platting of this property in 1955 and at the time the property was located in Dubuque County and not the City of Dubuque and was basically fannland (a rocky meadow area). Since that time the property has come into the City of Dubuque and is presently governed under later enacted Dubuque County zoning ordinances. North End Auto Wrecking, Inc. utilizes about half of the meadow for auto storage, which is presently zoned Heavy Industrial and this usage is pennitted, since it's platting in T955 to the present time. Sometimes more cars are there and sometimes less, but it has been used continually, with approximately half of the area being used regularly. Management and ownership has changed during this time period, but the use was continuous and on a steady basis with no interruptions. In 2001 new ownership purchased the corporation with intent to modify the operation and clean up the area, making it more efficient to the new ownership. Shortly thereafter North End Auto Wrecking, Inc. purchased the Myers- Cox building which is adjacent to their property and they have also built a new office building on the 32nd Street level. The new management has been actively reorganizing the auto wrecking yard since that time so as to complete their inventory, clean up and dispose of useless scrap material not specifically for resale. This has been an enormous and ongoing project, but headway is being made. To better utilize the space on the top of the hill, which has a crown sloping both North and South, North End Auto Wrecking, Inc. leveled the crown making the area flat and spread crushed blacktop on the surface to maintain it. This leveling of the crown of the hill reduced visibility from other higher ground to some degree. The dirt from the crown 1 was bulldozed into lower areas making the top of the hill flat and more usable. In the process of flattening out the crown of the hill North End Auto Wrecking, Inc. created about 25-30% more flat space that could be utilized for car storage. This was a minor expansion of the area zoned Heavy Industrial on this parcel of real estate and apparently North End Auto Wrecking, Inc. violated zoning laws by expanding the Heavy Industrial area into the Agricultural portion of the property. The flattening of the hill crown by North End Auto Wrecking, Inc. made it easier to store the cars in an orderly fashion without the necessity of piling them on top of each other. All of the cars are stored on metal bases to keep them from sinking into the ground. This allows North End Auto Wrecking, Inc. to display the cars in an orderly fashion and access the cars to remove parts and the automobiles as a whole as they become stripped. North End Auto Wrecking, Inc. was unaware that they were violating any zoning ordinance, since they were using the same land used for some 50 years and purchased by North End Auto Wrecking, Inc. solely for the storage of automobiles. The intended use of the property was all pre-zoning ordinance by the City or County. North End Auto Wrecking, Inc.'s position was that they did utilize the usable part of this property to its best usage for automobile storage provided they provided satisfactory fencing and screening to restrict the view. The adjacent parcels of real estate on the South (several hundred feet) are also owned by North End Auto Wrecking, Inc. and the city owns a near landlocked piece protruding into the North End Auto Wrecking, Inc. property on the East. The property is again shielded from view by heavy tree cover throughout an unbuildable piece of land owned by the City of Dubuque, again with tree cover and the elevation there is no visibility from the East. The property sought rezoned runs to Olympic Heights along it's entire North boundary. The property elevates rather rapidly along Olympic Heights and is the area sought to be rezoned. The entire area along Olympic Heights is heavily wooded screens most of the view of the stored cars on North End Auto Wrecking, Inc.'s property. On the South the view is almost entirely restricted. In leveling the hill North End Auto Wrecking, Inc. lost some of the trees, but did not effect much visibility. North End Auto Wrecking, Inc. is planning on installing an eight foot chain link fence during the Summer of 2004, along the area between the between the trees and the area being utilized for automobile storage. This chain link fence would be covered with plastic slatting or other covering as approved by the City of Dubuque building department. North End Auto Wrecking, Inc. intends to heavily shrub the entire area outside this fence all the way to Olympic Heights and then plant both deciduous, evergreen and conifer trees, which will be coupled with the already existing vegetation will make this hillside inaccessible to persons from Olympic Heights on foot. There has been some theft of car parts from persons parking on Olympic Heights and walking up the hill on foot. We are requesting that a portion of real estate (1-1-1 Oakwood) be rezoned from Agricultural to Heavy Industrial to allow for the storage of vehicles beyond that area which is already zoned Heavy Industrial. It appears that there is about 100 feet, which is 2 being utilized all the way along the North boundary. Further it appears that at the present time there is an additional 100 foot buffer of heavy trees and shrubs between the area being used and Olympic Heights, which will remain. North End Auto Wrecking, Inc. has attached aerial photos, which they believe present a good overall picture of the area and it's present usage. Also during the process of seeking this rezoning it was discovered that another parcel of the North End Auto Wrecking, Inc.'s property was zoned R-1 Residential. This is the parcel shown on the attached plats as 001 with the legal description shown thereon (Lot 10 of Gillispies). This is the crown of the hill and is almost entirely unusable for any purpose, but it has been discovered that North End Auto Wrecking, Inc. is utilizing approximately 1.25 acres of the Northeast comer for automobile storage. This area is shielded almost entirely from all sides by trees and ground cover. It is being sought that this 1.25 acre area be rezoned to Heavy Industrial also to allow North End Auto Wrecking, Inc. to continue to use this area for automobile storage, with the balance ofthis parcel remaining R-l. SUMMARY: It is requested that the balance of the portion of real estate described as: Lot 1 of Lot 1 of Lot 1 of Oakwood in the City of Dubuque, Iowa, presently not zoned Heavy Industrial be rezoned from Agricultural to Heavy Industrial, except for a 100 foot area (strip) along the North, which would remain Agricultural as a buffer zone. This rezoning would allow North End Auto Wrecking, Inc. to better organize this auto salvage inventory in more orderly rows of salvage cars with passages between rows, in a presentable fashion and to continue to provide reasonable and functional used automobile parts to the City of Dubuque, just as it has for the past 50 years. This orderly maintenance of vehicles in rows would create a situation looking more like a parking lot then a salvage yard. Also by raising the elevation of the Northern portion of the property it will allow the parcel to be fenced in blocking a higher level of visibility from the North. It is also requested that the 1.25 acres at the Northeast comer (as shown on aerial photo) of Lot 10 in Gillispies, in Dubuque, Iowa be rezoned from R-1 Residential to Heavy Industrial to allow North End Auto Wrecking, Inc. to utilize this area for automobile storage with the remaining portion to remain R-1 Residential. The entire remainder of the area is a steep hill, which is heavily wooded and basically unusable for any purpose. Obviously, it is pointed out that if the property is rezoned the taxes will increase due to its more profitable usage. 3 In viewing the aerial photos you're also advised that North End Auto Wrecking, Inc. is also in the process of attempting to purchase some land owned by the City of Dubuque on the South of the portion of the hill property sought to be rezoned, which would make North End Auto Wrecking, Inc. the sole owner of all property to the South. North End Auto Wrecking, Inc. is also in the process of purchasing the two parcels of real estate on the East along Central Avenue, which is currently owned by the Estate of the recently deceased Herbert Hoffman. 4 ._-- A. B. c. A. North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 MAP I. Lot 1-1-1 Oakwood Area labeled "A" which is a triangular section (5.75 acres) is sought to be rezoned from Agricultural to Heavy Industrial. Area labeled "ß" is the North 1 00 feet to remain Agricultural as a buffer zone. The remaining balance of Lot 1-1-1 Oakwood to remain Heavy Industrial. II. Lot 10 Gillispies Area labeled "c" in Northeast comer (1.25 acres), proposed to be rezoned from Agricultural to Heavy Industrial. B. The remaining balance of Lot 10 Gillispies to remalll Agricultural. North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 Property presently owned by above incorporation. Per aerial photo (1996) Dubuque Assessors Office designated by number and by "X". 2- 3. 4- 5. 6. 7. L Parcel 012 Parcel 009 Parcel 008 Parcel 007 Parcel 004 Parcel 005 Parcel 014 8- Parcel 001 9. Parcel 001 10. Parcel 002 TOTAL: 10 Parcels RE: Zoning Modification requested on parcel 002 from "Agricultural" to "Heavy Industrial". ~.. ,\~\~b <;~~.,.'\ ., _W~r~.'" . (!\\\\). <0 0 9 ."". North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 A. B. c. A. B. MAP I. Lot 1-1-1 Oakwood Area labeled "A" which is a triangular section (5.75 acres) is sought to be rezoned from Agricultural to Heavy Industrial. Area labeled "B" is the North 100 feet to remain Agricultural as a buffer zone. The remaining balance of Lot 1-1-1 Oakwood to remain Heavy Industrial. II. Lot 10 Gillisoies Area labeled "c" in Northeast corner (1.25 acres), proposed to be rezoned from Agricultural to Heavy Industrial. The remaining balance of Lot 1 0 Gillispies to remall1 Agricultural. North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 North End Auto Wrecking Inc, is presently in the process of purchasing the two parcels of real estate between their property and Central Avenue on the East, presently owned by the Estate of Herbert Hoffmann, who recently passes away. This transaction should be completed within 30 days, Area of property to be purchase is highlighted on map. V- ('---ïfvO ROBERT D. KLAUER ATTORNEY AT LAW 1043 MAIN STREET DUBUQUE. IOWA 52001 563/556-1044 FAX 563/556-6113 June 3, 2004 City Clerk City HaIl Dubuque, Iowa 52001 RE: Northend Auto Wrecking, Inc. Dear Gentleman or Madam: Please treat this as a request to the Dubuque City Council to table the hearing on the rezoning request for North End Auto Wrecking, Inc., which is presently pending before the Dubuque City Council. This request to table the hearing for the matter at this time is being made to allow the applicant to file a request for reconsideration with the Zoning Advisory Commission, which heard this matter on June 2, 2004 and is presently pending before them. Respectfully submitted, North End. Auto Wrecking, lnc./Roger Kunde By: . Rebert D. Klauer Attorney at Law 9 ,--J"< c::: c- c- , . -'" .', -- / -- -ñ "- ' '.=! , -- é,. .- co fõ)æ:@æ:owæ:~ UùB~ CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT ROBERT D. KLAUER ATTORNEY AT LAW 1043 MAIN STREET DUBUQUE, IOWA 52001 563/556.1044 FAX 563/556.6113 June 3, 2004 Planning & Zoning Services Attn: Guy Hemenway City Hall Dubuque, Iowa 52001 RE: Northend Auto Wrecking, Inc. Dear Mr. Hemenway: Please treat this correspondence as a request to the Planning and Zoning Commission to reconsider it's denial for rezoning (4 to 2 vote, with one absence and one abstencia) fÌom the meeting at 6:30 PM on June 2, 2004. The reason for this request is that the applicant feels that he can present a more detailed, definitive screening plan and map with more specific screening details than was presented to the Commission, together with a formal contract with Cascade Forestry to perform the services. We would ask that this request for rezoning be presented to the Advisory Commission at the July 7,2004 meeting. Respectfully submitted, North End Wrecking, Inc./Roger Kunde By: REZONING STAFF REPORT Zoning Agenda: May 5, 2004 Property Address: Property Owner: Applicant 55 W, 32nd Street North End Wrecking, Inc, Roger Kunde Proposed Land Use: Proposed Zoning: HI Existing Land Use: Adjacent Land Use: Former Zoning: Auto salvage Vacant Existing Zoning: AG/R-1 North - VacanUResidential East - Vacant South - Heavy IndustrialNacant West - VacanUResidential Adjacent Zoning: North - AG/R-1 East - AG/LI South - HI/R-1 West- AG/R-1 1934 - Light Industrial/Single-Family 1975 - Heavy Industrial/AG/R-1 1985 - Heavy Industrial/AG/R-1 Total Area: 7 acres Property History: The property remained a heavily wooded hillside and hilltop until recent excavation has cleared many of the trees and leveled the hilltop, Physical Characteristics: The property consists of two lots. The first lot is an approximately 5.75 acre lot that is a heavily wooded bluff area. There is some level ground at the very top of the bluff. The second parcel consists of a relatively leveI1.25-acre triangular shaped lot that is adjacent to the steep wooded hillside. Concurrence with Comprehensive Plan: Goal 3,1 of land Use and Urban Design states "promotes retention and expansion of existing industrial properties." Goal 4.1 states "to protect and preserve existing open space," Goal 6.1 states "to promote a compatible mix of land uses," Goal 6.2 states "to buffer and protect incompatible uses from each other", Impact of Request on: Utilities: Existing utilities are adequate to serve the site. However, erosion control measures must be undertaken to prevent runoff and erosion on the north slope of the property that drains onto public right-of-way, Traffic Patterns/Counts: The expansion of the proposed vehicle storage area and heavy industrial use should generate very little additional traffic. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development, and that the salvage materials are stored in such a manner as to be compliant with all State and Federal Regulations. Rezoning Staff Report - 55 W. 32nd Street Page 2 Adjacent Properties: The expansion of an existing salvage vehicle storage area to the north may have a two-fold impact on adjacent residential properties. First, a significant number of the natural vegetative buffer has been removed that makes the entire hilltop salvage yard much more visible from those properties to the north along Olympic Heights and Hawkeye Drive. Secondly, expanding the junkyard to the north places the salvage vehicles in closer physical proximity to the adjacent residential properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to expand an existing auto salvage yard, both to the north and to the south of its current hilltop location. The salvage operation has been in operation prior to its annexation into the City that occurred sometime in the 1940's. The proposed expansion to the north will be approximately 5.75 acres into an existing AG Agricultural zoned property, and approximately 1.25 acres to the south into an existing R-1 Single-Family Residential zoning district. In anticipation of expanding the salvage operation, the applicant has done extensive grading on the hilltop just south of Olympic Heights Road and removed a large portion of the vegetative cover. This has opened the view to the salvage yard from residential properties on Olympic Heights and Hawkeye Heights Drive. Some vehicles have also been stored in this newly excavated area, which brings them in closer physical proximity to the aforementioned properties. The removal of the permanent vegetative screen and the placement of salvage vehicles approximately 250 feet closer to the adjacent properties may have a negative impact on the value of these properties. If the rezoning is approved, the furthest extent of the auto salvage yard will be approximately 400 feet from the residences on Hawkeye Heights Drive and approximately 200 feet from the residences on Olympic Heights. The applicant is also asking to rezone a smaIl1.25-acre triangular.shaped parcel on the south portion of the hilltop salvage area that is currently being used for storage of salvage vehicles. The salvage vehicle storage area has grown over the years and has encroached upon an existing R-1 Single-Family Residential zoning district. The applicant is asking to rezone this 1.25 acre parcel to bring the currently stored vehicles into compliance. There are some homes in the valley below the proposed 1.25-acre rezoning; however, they are in the process of being removed for expansion of the City's detention basin along Gillespie and Fink Streets. There is also a wooded hillside that buffers this area from adjacent properties. If approved, current zoning regulations require that the auto salvage yard be screened where the natural vegetative screen has been removed. Staff recommends that the Zoning Advisory Commission review the Section 6-1.1 regarding criteria for granting a rezoning. Prepared by: G-"~I-'fE.J...L/b-(Reviewed: ~ t ~ Date: ø~~ TO THE ATTENTION OF THE ZONING BOARD I was in rejection of the rezoning of the North End junk yard at your meeting when Roger Kunde made application for rezoning. Along with the rest of the Olympic Heights neighborhood we strongly oppose the rezoning. As I stated at the meeting junk yards are started by hiding junk tram neighbors. This was done successfully by the past owners ofthe North end junk yard. Many trees guarded the perimeters ofthe yard and obstructed the view ofthe yard. He has taken down many of these trees already and the yard is visible for all ofthe Olympic heights residents. Mister Klauer stated that he doesn't want to expand. Then why does he need the rezoning? He stated he will have all the parts in the sheds he already has on the property on west 32"" street. These parts will be on the computers he has for easy location. !fthis is true he doesn't need more property to store cars because there will be no parts on them. These cars will then be crushed and shipped out. !fthe property is rezoned heavy industrial he will be able to do just about anything he wants with the property. I vision lights all night long so he can have people remove parts in the late evening and to keep midnight mechanics tram removing parts in the dark illegally. It will be like a huge ball field with the lights on all night. Roger is asking to rezone the triangular piece of property on the south side of the yard. In due time the trees will be eliminated tram this side also and then the people on the south side will be screaming because they too will be able to see the junk yard all year long. They now view the yard in the winter time as it is when there are no leaves on the trees. For reference infonnation there is a junk yard in Moline ,Illinois down by the Rock River where the owners have the cars propped up on rims just like Roger is proposing. They have people coming in and removing parts using their own tools and pay for the parts as they leave. They have the parts available recorded on the computer and removed trom the computer as they are purchased. I believe Roger is headed in this type of business. This is the kind of operation I believe they will have lights installed if the rezoning is passed. Please reject this rezoning request. RESPECTIVELY SUBMITTED RlCHAED KOOB 330 OLYMPIC HIEGHTS DUBUQUE,IOW A 5200 I J{2¡"J q ~'/ PLANN 'N~1Jr~,gMsBUDQEUE PABTMEm' ~. .. C- G . /'ç ¿/ ~ o;z:udA'<-/7/1) ~-:(/..J!í'}./~2t5¡VJr?/ ò!; l/)aR-'iff rwSJ ~k (/lc?~-~ $.,30í y<W / - - , v..2hnvni Y To Dubuque City Council ß ¡4 f., p..l This letter is in reference to the sudden rezoning attempt by Roger Kunde and Robert Klauer his attorney 'I..- , .They have requested rezoning of the North End Junk yard. For many year>; it was in operation in the North C"lVfr', (/}.'1' end and the size was getting larger all the time under the management of Fay Orken(whom has passed away and the yard now belongs to Roger Kunde and Roben Klauer) and the city never kept tabs on whether they were in compliance or not. Now Mr. Kunde and his backer Mr. Klauer are trying to do the same thing. But what they have done is knock down numerous trees and vegetation and now everyone on Olympic Hieghts can now see the junk yard. We are outraged here on Olympic heights that they are doing this. They have filled in on this property and caused erosion of mud and rock down on Olympic Hieghts road. It now looks like a land fill ffom our side on Olympic Hieghts. The road ditch on the junk yard side has almost completely filled in on some spots and the mud that came down after the last heavy rain was considerable. Usually there is just water and a few rock washing down. This time there was a large amount of mud along with the rockMr. Kunde said he added tile and catch areas to hold the water but where is he running his water to? What city engineer laid out the plan for water run off. From the North end property? I and the majority of Olympic Heights residents would appreciate the council to disapprove the rezoning of the north end property. A petition against the rezoning was signed by the majority of residents of Olympic Heights. A copy of this petition was given to the rezoning board. To recall the path of Roger Kunde and Robert Klauer as they had to leave the Cedar Cross property they tried to rezone the property down by the waste treatment plant and after petitions and complaints and citizens having to spend much of their own money to guard against this transaction it was turned down. Now they are at it again trying to expand a properrj that was grand fathered in because the county allowed this yard to exist. The city annexed this property and now is the time to not let this junk yard to expand. We here in the North End area would like to preserve this area for residential not heavy industrial like Kunde and Klauer are proposing. We cannot understand how the city could even let this be considered after the trouble that was caused by the rezoning attempt at the waste treatment plant. We here are now forced to spend our hard earned money to defend something that should never even be considered. If this is allowed consider what could happen to this propert'J. They want heavy Industrial. This means they can almost do anything with this property they want. If you don't know junk yards a good example of one is down in Moline minois by the rock river where anyone who wants a patt can go in and take the part off themselves. The cars are set up on two rims on each comer of the cars and with your own tools can remove the part you need and pay for it as you leave. This in the evening or late nigln hours requiem lighting so you can find the cars you are going to remove the parts ffolD. I visualize buge lighting so this is possihle and then will annoy all the neighbor hood Then with these trees and vegetation gone they will be more visible along with the cars. Right now they say the penple on the south side of the junk cannot see the yard but they are wrong again. In the winter months right now the neighbor hoods on the south side can see the yard too. If this yard is zoned heavy industrial these trees will also disappear and then they will see and hear the junk yard all year around. Just think if there was a junk yard allowed on the bluff over the fourth stteet elevator look what we would have on our hands. We here in the Olympic heights neighborhood believe the industrial part of this business should stay on the lower part along west 3Z"" street where all the businesses are. We believe Dubuque would be best served with a residential area on the top of the hill rather than a junk yard. From up here we look down on Holy Ghost church and a old North End residential area. It is pleasant to the eyes but with ajunk yard all of this would be lost. We could end up with another Dennis Sharkey stand off and this would be a sad thing. Something else I would like to bring to all of your attention is the fact that junk yards are not inspected. They can store anything they want to there. In our times today with terrisom going on wouldn't it be wise for our city to inspect these junk yards to be sure they are not storing things that would be detrimental to our health or lives. I have called the DNR and asked if they inspect junk yards and they do not. I believO(WJl' 5i2 should do something now before something happens we all would be saddened by. S;¿~. § Respectively submitted Richard Koob 330 Olympic Heights Dubuque ,Iowa 09 June ZO04 -/ ¿;J ....~vt?~~ ~y . 510:3- j7?3 - 7¿) i'j/ 'JJ .T1 cc, -, ,,-., -. ;> 3' èf, ,.:c' , I .~'J N HUGHES & TRANNEL, P.C. ATTORNEYS AT LAW 1154 IOWA STREET DUBUQUE, IOWA 52001.4818 ALFREO E. HUGHES JAMESA. TRANNEL JEFFREY A. TRANNEL ANTHONY J. QUINN June 14,2004 James A Trannel, Jeffrey A. Trannel Anthony J. Qu;nn and Jamie A. Splinter Licensed to Practice in Illinois JAMIE A SPLINTER Zoning Advisory Commission City of Dubuque Planning Services Department Ci~Hall 13 & Central Avenue Dubuque, IA 52001 rö)~~~DW~~ Iffi J UN 1 4 2004 IYJ TELEPHONE (563) 557.7360 FAX No. (563) 557.1018 CITY OF DUBUQUE PlANNING SERVICES DEPARTMENT Dear Chainnan Bird and Commissioners Schiltz, Stiles, Christ, Hardie, Roush and Smith: We represent Hennan Nauman, who owns property across Olympic Heights Road from property presently owned by North End Wrecking Co. He and a number (27) residents of the Olympic Heights area have asked me to represent them in connection with the requested rezoning of approximately 5 acres of land from the existing AG Classification to Heavy Industrial District. This request to rezone a tract ofland from AG to H-l represents a request to massive proportions. Outside of the Industrial Parks in and around the City and the fonner Dubuque Packing Company site, there has been and is no area that is as large as this one that has been rezoned to H-I Classification. The people who have signed this Petition will be and are being adversely affected by the contemplated and in fact continuing expansion of the North End Wrecking Co.'s operations. This type of operation and its proposed location is virtually impossible to effectively screen. Once the change in zoning occurs, the height and control of used, old, salvaged and wrecked motor vehicles will not be subject to any limitation. To say that the appearance of such an operation is offensive is an understatement. While this operation was operated in a valley and not readily visible from the area where most of the people I represent live, the expansion which has been undertaken and is continuously being carried on is now visible from our clients' properties. The nature of this type of operation is totally incompatible with surrounding residential neighborhoods. Our clients ask that it not be expanded, and that the owner be required to cease and desist from the expanding and encroachment onto the AG zoned land. Before Mr. Kunde acquired this property, he inquired about its zoning classification. He was advised that the property' where most of the then-existing operations were located was zoned H-I because it was grandfathered in. He was advised -2- that no expansion of the area would be allowed and he was further advised that the then- existing operation was encroaching upon about 30,0000 square feet of property owned by the City of Dubuque. This is almost 3/4ths of an acre. Notwithstanding the advice he received, this property owner has continued to expand operations on the AG property. Now he seeks to have it rezoned. Our clients, whose property values will be adversely affected, oppose this change and they request that the operation be restored to its former condition and that the dumping of waste material be halted on the AG property. The continued operation of what amounts to use ofthe property as a land fill area is also incompatible with the adjoining neighborhood. We attach a copy of the City Assessor's air view of the area as it was in the year 2000. That air view identifies the lots referred to in the City's letter to Mr. Roth who was the attorney representing Mr. Kunde at a time prior to Mr. Kunde's purchase of this property. The parcels in orange roughly represents the area he seeks to have rezoned. Our clients do not oppose the request as it relates to the triangular portion at the south edge of the area where cars appear to be stored. Their opposition is to the area that is clearly green space bordering Olympic Heights. Our clients concerns are that no amount of screening can effectively block the view of this area. That is not their only objection to the salvage yard - land fill operation. This type of an operation does not belong in a city area surrounded by residential uses. We respectfully request that the request for reconsideration be denied, and if granted, that at the re-hearing we be allowed to be heard on behalf of the property owners we represent and whose names appear on the Petition attached. Thank you very much for your attention to this matter. Yours very truly, HUGHES & TRANNEL, P.C. ari/~£ € ~ Alfi"ed E. Hughes AEH:sh naurnan zoning let.doo/sh TO THE ZONING ADVISORY COMMISSION TO WHOM IT MAY CONCERN: WE THE UNDERSIGNED ARE OPPOSED TO THE REZONING OF THE PROPERTY ON THE SOUTH SIDE OF OLYMPIC HEIGHTS ROAD FROM AG AGRICULTURAL AND Rl SINGLE FAMIL Y TO HI HEA VY INDUSTRIAL. WE ALSO ASK THAT THE OWNER BE REQUIRED TO RETURN THE PROPERTY TO ITS ORIGINAL CONDITION AS OF THE DATE HE TOOK POSSE SSION OF IT. REZONING THIS PROPERTY TO HI HEAVY INDUSTRIAL WOULD CAUSE ALL THE PROPERTY ON OL YMPIC HEIGHTS ROAD TO SEVERELY DEPRECIATE IN VALUE AND BECOME DIFFICULT TO SELL. ON MOST OF THE PROPERTIES ON OL YMPIC HEIGHTS, A SALVAGE YARD WOULD BE PLAINL Y VISIBLE EVEN WITH AN EIGHT FOOT FENCE BECAUSE OF THE SLOP1NG TERRAIN. FOR THESE AND OTHER REASONS WE OPPOSE THE REZONING. ~4;ðo tJr~,~ V /)) þ~ dÞ.d;. -3 .3 -3 c9-~ W¡:r;:- !O~ UuveJ 3 J J Ó~'1~ 1-/-1$ , ¿;;~ t:~ :p(7 ô¿r/;d 'Ø~~ ~ ~ rõ)~@~n\Yl~rm lnl AUG 26 2004 ~ CIN OF DUBUQUE PLANNING SERVICES DEPARTMENT North End Wrecking Co.is proposing to rezone their property at the top of the hill, across the road from our property, from agricultural/Single Family to Heavy Industrial. Mr. Kundee, without city approval has begun to expand, without rezoning, to grade and park junk cars on this property without proper permits. Mr. Kundee was informed when he bought this property that he was not allowed to expand. We own homes and building lots across the street ITom this area and it is fast becoming a eyesore. It is very visable from all of our homes and property. The value of our land and homes will certainly be affected by allowing this business to expand in a residential area. It ruins our view and our otherwise peaceful neighborhood. Junk Yards have no place in the city limits when they infi:inge on other people's rights My parents owned a home in the middle of Key West and Truck Country was allowed to rezone Agri land to heavy industrial. The outcome- it completely ruined a small town. They installed huge floodlights to protect their property. Trucks were idling at all hours of the night and people's back yards were completely useless. Such a price to pay for progress! Drive out some day this week and see what could have happened if they would have moved farther out on the highway to expand their business. We also were involved when Swiss Valley wanted to expand. Their promise was to plant hedges along the highway to block all of the trucks in their lot. Drive past now, that all went by the wayside and now they have an ugly blue fence all along the highway not to hide the trucks but to keep their property secured. So much for promises. Please vote no to this rezoning. It can only add to the further destruction of the North end for residential property owners. We want to be proud of our area not ashamed. ~~ ~d~ My name is Richard Koob 330 Olympic Heights. I am against the rezoning ofthe North End Junk yard proposed by Mr. Robert Klauer and Mr. Roger Kunde. More now than when the rezoning was applied for a month ago. Since that application Mr. Klauer and Mr. Kunde purchased the Hense property next door to my property which lies between my property and the North End property. They went to great lengths to purchase this property since the last application. Mrs. Hense was struggling with her finances and Mr. Klauer hung an offer to buy her property on her fence one day which she was advised by the attorney to take because these two were talking to her attorney without her knowing it. She needed the money at this time and she did not know what was going on. Mr. Mike Koehler who was setting up her auction told her quote, "I could get you $150,000 for this property" .He asked if she could get out of this deal and explained that what they did was illegal but she found out she could not get out of this deal and then changed attorneys which was actually too late. I believe at this time their intentions are to even extend this junk yard even further in the future. If you allow this rezoning it is sure to happen down the road. Even now since they own this property with no one living there they have two to three vehicles stored there every day. This is a perfect example of what is going to happen down the road. If the city allows this junk yard to expand we will see another nasty sight progress like the Tschiggfue rock and fill area that is visible to everyone entering Dubuque trom the Key West end. Why should Mr. Klauer and Mr. Kunde be allowed to expand here in the North End when the area by the waste treatment plant wasn't good enough? Mr. Kunde came with a very poor drawing of how he was going to buffer Olympic Heights road. There was nothing about buffering all the residential area around the junk yard. This buffer should be installed even if the rezoning doesn't go through. We need to stop the extension of this junk yard. They propose planting native conifer trees on this buffer for a short distance, These conifer trees die trom the bottom up. I know because I have some of these trees on my property. They propose putting up a fence along the Olympic Heights Road to the new acquired residential property. This is for only security reasons. I believe this fence should go all around the junk yard. This would protect the residential property's of Olympic Heights trom any entering and exiting fÌ"om Olympic Heights to or trom the Heavy Industrial area. There should be no gates allowed into this Heavy Industrial property trom the Olympic Heights or Hense property. This should happen even if the rezoning request is turned down. The city has a responsibility to protect the Olympic Heights area trom this ever happening. We all know trom past experience if this is not fenced they will be using this end for an entering and exiting trom the Hense property. If he or anyone else lives there and works at the junk yard they should have to go to work at the west 32'"' entrance. Mr. Klauer and Mr. Kunde have been filling this property with the intensions of extending this junk yard. According to the city ordinances this filling can only be done with erosion controlled by the DNR. From what I have seen of this filling going on the erosion has been coming down Olympic Heights and filling the storm sewers along hwy 52 causing water, rocks and mud hacking up that could cause a serious accident. At one time the ditch across trom Swiss valley was deep enough that if a car went in it you could not see the top of the car, Today the ditch is hardly there. Mr. Klauer and Mr. Kunde have not shown how they are going to take care of the erosion that is coming down Olympic heights. They should be responsible for grading and planting trees or grass to stop the erosion trom their filling operation. As it is it is a eye sore for everyone to see. There is some trees right now kind of blocking the view but this winter wben the vegetation is gone it is going to be very visible. Respectfully Submitted Richard Koob 330 Olympic Heights Road Dubuque< Iowa Aug 27,2004 rö)~@~U\Yl~~ U1lB~ CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Uo/Zo/U4 nit; 15:JJ >,u o"J"""oU~1 @5/24/2ØØ4 113: 42 563852513134 NUJ<TJŒNlJ WJiliCKlNl> INC CASCADE FOÆ:STRV Cascade Forestry Service, Inc. 21995 Fillmore Road Phone: (563) 852-3042 Cascade, Iowa 52033 (8OO)-S96-9437 E-mail: Fax; (S63) 852-5004 C8$Cad.. netins.net Websíte: WWW.caacadeforestry.com L-.b N 'O..s c.i> F' ~ .p tU) f'" ð s.p L 3u D ~ \ -( í ~ .ð{ 1-"'1 -B e-¡-¡ ¡ -J f..r &! -z.-, I Di-f l!1J uuz PAGE 62 M::\y 24. 2004 Project: 04501537 North End Wrecking Berm and hiIJside pJ31JtíJJg. I, Approximate/v 20 1 0-15-Jèet red ced:u' trees ",,11 be planted on a 1ollr-fuùt 'berm established at tJlt' edge of the embankment. These cedar tree wiIJ immediately tÌ1rm 11 visual screen that will even1ua.!!y grow t( a height 01'30- 4G feel. 2, Black ¡oc~st ~edljngs ~\i1l be hand-planl.ed on the nortb- t=acing steep slope of the embankment Black locust l)as the ability iO gro\\. and thrive in a variety of soils .and sites, They should grow to a height of 40-50 feet. They can grow f.)UT or five feet 8 year- and th~ rruduçe a ~vhite blossom in the sprins:¡jme ¡Jill! makes the tr~ especially att¡ac¡ive on hillsides, Twe!1:e to eighteen inch seedJÎng wiJI be hand plaTlted because the slope is t( (J !>ieep to permit a tre~planting machine to Qpern.le, Approximate!:\' 100 black JOClist seedlings will be planted. Respectfully submitted. a~ r. i.Dff Cahiu F. Gatch. Jr, Sales M31lager OS/25/04 TUE 15:33 FAX 5635565097 1:\5/24/2004 10: 42 5638525øe14 NORTHEND WRECKiNG iNC CASCAr€ FORESTRV Ií!JUUO PAGE ß3 Cascade Forestry Service, Inc. 21995 Fillmore Road Phone: (563) 852-3042 Cascade. Iowa 52033 (800»96-9437 E-mail: Fax: (563) 852-5004 cascade. netlna.net Web8lte: -.cascadefore~.com (pLUI¡.-J Cs; &-r C L-! , / <\, ~CO' /~ ~ X f i< ì< 7> 'f /' ~ ¡< /' .x Jr r ¡; ?- )< (ì' ¡< Y )< (r 7 Complaint History for 55 W. 32nd Street North End Wrecking Owner: Roger Kunde May 20, 2004 On January 15, 2004, I started to receive complaints about North End Wrecking storing junk vehicles near Olympic Heights. It was also reported that piles of junk were more noticeable from Hawkeye Drive. Following a full investigation, a Notice of Violation was sent to Roger Kunde on January 29, 2004. Inspections revealed that some salvaged vehicles were not adequately screened. Also, North End Wrecking had expanded their storage area onto property zoned AG Agricultural. Since salvage yards are not permitted in an AG District, the property would have to be rezoned to continue expansion of the business. After receiving the Violation Notice, Robert Klauer (Roger Kunde's attomey) contacted Assistant Planner Guy Hemenway to discuss the installation of proper screening and the rezoning procedure. Until the rezoning issue is resolved, it is not practical or feasible to install the fence because the area enclosed by the fence may change. Customarily, we stay enforcement when zoning issues are before a Commission, Board or City Council. In March 2004, while the rezoning request was pending, I received two complaints about empty oil tanks being stored at North End Wrecking, presumably in the area zoned HI Heavy Industrial. I did convey the concern to Robert Klauer, attorney for Robert Kunde, and received a message the next day that the tanks had been moved. Shortly thereafter, the tanks were cut up and removed all together from the property. However, it would not constitute a violation of the Ordinance to store the empty tanks in the salvage yard. I also recall that prior to January 2004, I received a few complaints about rocks falling into the right-of-way along Olympic Heights due to excavation of nearby property. The ongoing operation of North End Wrecking was not the subject of the complaint nor mentioned as a concern of the callers. The primary issue was the fact that the hillside was being disturbed by grading or excavation. Since the City does not require an excavation permit, and excavation or erosion control is not a zoning issue, the callers were referred to the State Department of Natural Resources, which issues an excavation permit if the area involved is over an acre. In addition, the callers were referred to our Engineering Department, which regulates matters involving the City right- of-way and drainage. Susan Brennan Zoning Enforcement Officer Planning 5ervices Department City Hall 50 West 13th 5treet Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax p lannin g@cityofdubuque.org D~ ~~~ July 16, 2001 Mr. James Roth Roth & Henkels 1400 University Avenue Dubuque, IA 52001 SUBJECT: Zoning Status of Property at 55 West 32nd Street (North End Wrecking Company) Dear Mr. Roth: This letter is written in response to your inquiry regarding the zoning status of the property at 55 West 32nd Street (North End Wrecking Company). The County Assessor's records indicate that this property consists of eight lots (Parcel Nos. 10-14- 201-001,10-11-453-002,10-14-226-001, 10-14-226-003, 10-14-226-004, 10-14-226- 005,10-14-201-013, and 10-14-226-007). Most of North End Wrecking's salvage activity and vehicle storage is within an HI Heavy Industrial Zoning district. Salvage yards are permitted in an HI district. There is a small portion of the salvage yard located on Lot 10-14-226-007 that is within a CS Commercial Service District. Salvage yards are not permitted in a CS District; however, the salvage yard was legally established prior the zoning change in 1985 and therefore is a legally non-conforming use (grand fathered). There is also another portion of the salvage yard (Parcel No.1 0-11-453-002) that is located in an AG Agricultural Zoning district. Salvage yards are not permitted in an AG district. However, as with the CS district, the salvage yard was legally established and can continue to operate as a legally non-conforming or grand fathered use. No expansion of the operation in either the AG or CS district is permitted. Any expansion of the salvage yard in the HI District must meet all current zoning requirements, including screening. One of the eight lots (parcel No. 10-14-201-001) is in an R-1 Single-Family Residential Zoning District. It appears that no portion of the existing salvage yard is within this parcel, and expansion of the facility onto this lot is not permitted because salvage yards are not permitted in an R-1 district. The City of Dubuque's. Geographic Information System's aerial photography indicates '"' that approximately 30,000 square feet of the salvage yard has strayed onto City .'. property (Lot 10-14-201-013), without the permission of the City of Dubuque. This ,.'" Semœ People Integrity Reoponmbility Inn~ation Teamwmk Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589.4221 "Œ<~~@u 1/Õ DUB E ~~~ April 4, 2001 Roger Kunde Roger's Auto Sales and Salvage 3270 Dodge Street Dubuque, IA 52003 Dear Mr. Kunde: This letter is a follow-up to our discussion on Friday, March 30, 2001, concerning the North End Wrecking Company on West 3200 Street. The first issue we discussed was the installation of a chain link fence to provide greater security for the business. Section 2-8.2 of the Zoning Ordinance establishes that in districts other than the residential districts, fences are exempt from the provisions of the Zoning Ordinance. There is no building permit required for installation of a fence. The chain link fence must be placed on your property. The second issue we discussed was required green space. Section 4-5.2 of the Zoning Ordinance indicates that "no new structure, building or parking lot, shall be constructed unless in compliance with the landscape and screening standards of this section." Green space is calculated based on the greater of the following: 20% of the building square footage, 20% of the vehicle use area, or 10% of the combined building and vehicle use area. The existing North End Wrecking operation is in compliance with the landscape and green space requirement of the Zoning Ordinance. The third issue concerns the southwest portion of the property that is currently zoned CS Commercial Service and Wholesale District. This area is used primarily for the storage of wrecked vehicles prior to their processing for the removal of valuable parts. The CS zoning district does not allow auto salvage as a permitted use. This area is, and has been, part of North End Wrecking operation for many years, and is a legal non-conforming use (grand fathered) of this property. The property can continue to be used for an auto salvage business until such time as the use of it ceases for any reason for a period of more than 90 consecutive days, or the use is superseded by a conforming use. The property would then lose its legal non-conforming status and redevelopment would have to comply with current zoning regulations. The final issue is that of screening. The current operation is in compliance with the screening requirements of the City's Municipal Code. The lower portion of the yard is screened by metal fencing, while the upper yard is screened by vegetation naturally. -------....-.-- . .-.... -- - .__._.._---_...~._-----_.. -- Service People Integrity Responsibility Innovation Teamwork Letter to Roger Kunde Page 2 Expansion of the storage areas for vehicles may require additional screening, depending on its location and visibility from surrounding property. Please review the enclosed information and contact me if you have further questions. Sincerely, )¿Lf~ J ' ~.~~ Kyle L. Kritz Associate Planner KLKlmkr Enclosure cc: Laura Carstens, Planning Services Manager Plam1ing Se,vices Department Citv Hajj 50 West 13th Stree' Dubuque.lowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org !>_ll THE CITY 0' \.+~ DUï3õQUE ~ck~ July 30, 2002 Robert Klauer Attorney at Law 1043 Main St Dubuque, IA 52001 Dear Mr. Klauer: I received your letter of July 15, 2002 concerning North End Wrecking Company, Inc.'s proposal to construct a wall along the northeast boundary of the company's property. The proposed wall will utilize concrete blocks measuring 4' by 4' by 5' that will be stacked side-by-side two courses high. The subject property is zoned AG Agricultural. The parcel is currently vacant. My previous discussion with Mr. Kunde was limited to the City regulations regarding the installation of a fence. The City's Zoning Ordinance specifically exempts the agricultural district from fencing regulations. I had previously informed Mr. Kunde that he could construct a chain link fence on the subject property. If Mr. Kunde wanted to install barbed wire the chain link fence would have to be a minimum of 8 foot in height with the barbed wire on top of fence. A chain link fence would not require issuance of a building permit. The present proposal to construct a wall does require a building permit as determined by the City's Building Services Manager Rich Russell. Mr. Russell indicated that his department would need to have an architect or engineer certify that adequate ¡;UPport for the wall is being provided by footings or other means. The Agricultural District would also not allow construction of the concrete block wall. The proposed wall is not a permitted or an accessory use in the agricultural district Two options to consider would be to rezone the property where the wall is to be located or place the wall on the property currently zoned Heavy Industrial. In summary, a fence would be allowed for security reasons within an agricultural district as was previously discussed with Mr. Kunde. The agricultural district is explicitly exempt from the Zoning Ordinance fence regulations. The construction of a concrete wall would not be permitted in the Agricultural District, as it is neither a permitted or accessory use in the Ag.ricultural District. 50""'" People Integrity R"'I"'nsibility I=ovaooo Teamwork Planning "",vices Department City Hall 50 West 13th S'reet Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690.6678 TOO planning@cityofdubuque.org ~ck~ January 29, 2004 Roger Kunde 55 W. 32nd Street Dubuque IA 52001 NOTICE OF VIOLATION: SCREENING AND EXPANSION OF NORTH END AUTO WRECKING, INC. Dear Mr. Kunde: According to the tax assessor, North End Wrecking, Inc. owns the property located at and near 55 W. 32nd Street. Recently, an inspection was made of your property revealing a violation of the City Zoning Ordinance. VIOLATION: Inspection revealed that some salvaged vehicles are not screened from view outside the. premises as required by City Code 29-6. Some contents of the salvage yard are visible from Hawkeye Heights and Olympic Heights Road, probably because you have unlawfully expanded your operation or excavated a portion of your property (Parcel #10-11-479-001) located in an AG Agricultural zoning district. Attached are two earlier letters from this office explaining the zoning status and screening requirements for North End Wrecking, Inc. As discussed in the attached letter to your attorney, Robert Klauer (and in the letter dated July 16, 2001 to Attorney Roth), installation of a fence would be a screening option. Also, rezoning the agricultural zoned property would be required before expansion of that property is allowed. ORDER TO COMPLY: To comply, you must confine your salvage yard to the previously established boundaries and install a fence to obscure the contents of the salvage yard from view from Hawkeye Heights and Olympic Heights. These actions must be completed within 30 days of receipt of this notice or we will begin formal enforcement action. Failure to comply with this Order will result in the issuance of a Citation, court costs and a fine without any additional warning or correspondence. The minimum fine is $250.00 per day for each day the violation continues to exist. ----.-.-..-.--- . SeNke People lntognty R"pon,ibility Innovation r"mwo,k Chapter 29 JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS ARTICLE I. IN GENERAL Sec. 29-6. Fencing Requirements for Junk and Salvage Operations: (a) (b) (c) (d) An operator of a junkyardlsalvage operation shall submit to the city development planner a screening plan which shall be approved for each individual premises. The screening plan shall integrate the screen with the natural surroundings and shall consider and make provisions to assure reasonable access to the screen for purposes of maintaining the screens. The purpose of screening is to eliminate the visual impact of the junkyard contents by obscuring it from view outside the premises. Materials for use in screening of junkyard shall generally consist of natural objects, plantings, fences, or other appropriate means such as storage sheds, buildings and other similar elements. (1) (2) (3) Natural elements shall be earthen berms, rock formations, wooded areas, or other similar elements. Plantings shall be shrubs and trees of such types as to provide year round obscurement commensurate with local site conditions. All plant material used for screening shall be of a size and quantity to provide obscurement. Screens shall be made of wood, metal or other materials commonly used in the building trade, and shall be of such height and type as necessary to provide obscurement. Screens shall be designed to withstand a minimum wind load of twenty (20) pounds per square foot and shall be of a permanent nature. All materials used for finishing screens shall be a nonreflective material which will blend with the natural surroundings. Screening shall not be placed in any manner so that either the screen or the maintenance of screen will create or contribute to the creation of a safety hazard or endanger public safety, nor will it interfere with the public's use of any right of way. Junkyard/salvage operators shall maintain the screening in a condition equal to the original installation of the screening. Maintenance shall include, but not be limited to, the following items: (1) (2) Replacement of plant material which is dead or has been damaged so that it no longer serves the intended purpose of screening the operation. Screen maintenance shall include the renewal of the surface treatment with stains, paints, or other appropriate materials when needed and the replacement of panels, sections, members or support structures of the screening when needed. (1976 Code, § 22.e) D~ ~~~ MEMORANDUM May 24, 2004 TO: FROM: Zoning Advisory Commission Guy Hemenway, Assistant Planner ~ SUBJECT: North End Auto Wrecking Rezoning At the May 5, 2004 Zoning Advisory Commission meeting, Commissioners reviewed the request by Mr. Roger Kunde, North End Auto Wrecking, Inc. to rezone the property at 55 W. 32nd Street from AG Agricultural District and R-1 Single-Family Residential District to HI Heavy Industrial District. Commissioners expressed concerns with the size of the proposed expansion and of the ability of the applicant to adequately screen the property from adjacent residences. Commissioners tabled the request and asked that the applicant provide a detailed landscape plan showing the location, number and species of the proposed plantings on the site. As of this date, the applicant has not provided staff with a detailed landscaping plan. This memo is provided for your information. GH/mkr t '5JŒ:,~-¡'~ .ð-r TO THE ZONING ADVISORY COMMISSION ~ L- ~ ~ TO WHOM IT MAY CONCERN: '-I j "&J 0 t..} WE THE UNDERSIGNED ARE OPPOSED TO THE REZONING OF THE PROPERTY ON THE SOUTH SIDE OF OLYMPIC HEIGHTS ROAD FROM AG AGRICULTURAL AND RI SINGLE FAMILY TO HI HEAVY INDUSTRIAL. WE ALSO ASK THAT THE OWNER BE REQUIRED TO RETURN THE PROPERTY TO ITS ORIGINAL CONDITION AS OF THE DATE HE TOOK POSSE SSION OF IT. REZONING THIS PROPERTY TO HI HEAVY INDUSTRIAL WOULD CAUSE ALL THE PROPERTY ON OLYMPIC HEIGHTS ROAD TO SEVERELY DEPRECIATE IN VALUE AND BECOME DIFFICULT TO SELL, ON MOST OF THE PROPERTIES ON OLYMPIC HEIGHTS, A SALVAGE YARD WOULD BE PLAINLY VISIBLE EVEN WITH AN EIGHT FOOT FENCE BECAUSE OF THE SLOPING TERRAIN, FO. R THESE. AND OTHER REASONS WE ~PPO THE REZONING, /J û LL 3;fæ¿~ ~ &~ g 2 3 (~py~ Y Uè, '~~ /~ é)/!~t.tfJJ)e'r~ ~~ ~ 'Jlf2 1!:lJ¿ ~~/cL- .,fJ: iJ1JC--. ~~ ~ :~y,V~ fh ß Jl ~ 1k ç-,j(/i;Ú4 t ~ ~ ð& f/j~1 cA, ~ \v...Q. ~ ~ '}U,J'1r~ .3 () 7 (5iß.'r~'r~ f I "l¡\< , '195 t .. /)8!á, ;~~ O~ ~ JI9C9~,~ " ,'", ,'.' ¡ , , )¡ c¡:J- o-:t Þ~ð'«;" I~ ()L ~ ~~' Õ'Vu ' OL'(h~1G \\T<. , ¿() ßev.... ~ ~~ '13 .ill ~ ::VA DA "'9.J.",,,,'AIIAI1 0 .¡.... If 4:) '2.4$ ). 0 (Ai rr ¡)t. rWr . 3~~ 0 ¡'l"'P-.c' F~s ~ ßO~ ~¥.Jl U-¡~~ ~Oõ.~"'-\,()~~. ,Ç;;:E ~¥U' ~ðO ¡/ctwb,."e H..e,'J.ítfs, .5 / /.) to. ...... /] 9 0 t:k.w.J Iev.;..f. Fte, TI visible along with the cars. Right now they say the people on the south side of the junk cannot see the yard but they are wrong again. In the winter months right now the neighbor hoods on the south side can see the yard too. If this yard is roned heavy industrial these trees will also disappear and then they will see and hear the junk yard all year around. Just think if there was a junk yard allowed on the bluff over the fourth street elevator look what we would have on our hands. We here in the Olympic heights neighborhood believe the industrial part of this business should stay on the lower part along west 32"" street where all the businesses are. We believe Dubuque would be best served with a residential area on the top of the hill rather than a junk yard. From up here we look down on Holy Ghost church and a old North End residential area. It is pleasant to the eyes but with a junk yard all of this would be lost. We could end up with another Dennis Sharkey stand off and this would be a sad thing. Something else I would like to bring to all of your attention is the fact that junk yards are not inspected. They can store anything they want to there. In our times today with terrisom going on wouldn't it be wise for our city to inspect these junk yards to be sure they are not storing things that would be detrimental to our health or lives. I have called the DNR and asked if they inspect junk yards and they do not. I believe we should do something now before something happens we all would be saddened by. Respectively submitted 8 Sep. 2004 Richard Koob 330 Olympic Heights ~ZZ;J C ~ ~,-, C J> ~. èé. '-0 C) (f) f'T1 '. ::0 ;-1 ") ~- .1 .> :c,. .. .', -- r " LL . '" :.J, ~':.."C L-- --'~ '~._,- ~ .' ;~;- ~ ¡:I¡::þ: Exhibit A T; , ì RE: Zoning Appeal on property owned by North End Auto Wrecking, Inc. North End Auto Wrecking, Inc. is the owner of 10 parcels ofreal estate located at 55 W. 32nd Street, Dubuque, Iowa. This Corporation has conducted business at this location in excess of 50 years. A copy of the aerial photos and zoning plat are attached to this Application for reference. The buildings of the corporation are located on the level area of land immediately adjacent to W. 32nd Street. The business consists of the purchase, recycling and resale of used auto parts. The business purchases wrecked or discarded automobiles, strips them of their usable parts, then crushes them and disposes of the remaining body of the car for scrap. After this is done they inventory the parts by computer for resale. This process makes it necessary for the vehicles to be stored or sit ideal for a period or time while parts are being taken off or the vehicle dismantled and parts sold. lL> In the event North End Auto Wrecking, Inc. purchases additional property from the City of Dubuque on the hill it will also be used to store automobiles awaiting their dismantle or sale of parts, The company has used this hill top storage area for about 50 years. This was prior to the platting of this property in 1955 and at the time the property was located in Dubuque County and not the City of Dubuque and was basically farmland (a rocky meadow area). Since that time the property has come into the City of Dubuque and is presently governed under later enacted Dubuque County zoning ordinances. North End Auto Wrecking, Inc, utilizes about half of the meadow for auto storage, which is presently zoned Heavy Industrial and this usage is permitted, since it's platting in 1955 to the present time. Sometimes more cars are there and sometimes less, but it has been used continually, with approximately half of the area being used regularly. Management and ownership has changed during this time period, but the use was continuous and on a steady basis with no interruptions. In 2001 new ownership purchased the corporation with intent to modifY the operation and clean up the area, making it more efficient to the new ownership. Shortly thereafter North End Auto Wrecking, Inc. purchased the Myers- Cox building which is adjacent to their property and they have also built a new office building on the 32nd Street level. The new management has been actively reorganizing the auto wrecking yard since that time so as to complete their inventory, clean up and dispose of useless scrap material not specifically for resale. This has been an enormous and ongoing project, but headway is being made. To better utilize the space on the top of the hill, which has a crown sloping both North and South, North End Auto Wrecking, Inc. leveled the crown making the area flat and spread crushed blacktop on the surface to maintain it. This leveling of the crown of the hill reduced visibility from other higher ground to some degree. The dirt from the crown was bulldozed into lower areas. making the top of the hill flat and more usable. In the process of flattening out the crown of the hill North End Auto Wrecking, Inc. created about 25.30% more flat space that could be utilized for car storage. This was a minor expansion of the area zoned Heavy Industrial on this parcel of real estate and apparently North End Auto Wrecking, Inc. violated zoning laws by expanding the Heavy Industrial area into the Agricultural portion of the property. The flattening of the hill crown by North End Auto Wrecking, Inc. made it easier to store the cars in an orderly fashion without the necessity of piling them on top of each other, All of the cars are stored on metal bases to keep them from sinking into the ground. This allows North End Auto Wrecking, Inc. to display the cars in an orderly fashion and access the cars to remove parts and the automobiles as a whole as they become stripped. North End Auto Wrecking, Inc. was unaware that they were violating any zoning ordinance, since they were using the same land used for some 50 years and purchased by North End Auto Wrecking, Inc. solely for the storage of automobiles. The intended use of the property was all pre-zoning ordinance by the City or County. North End Auto Wrecking, Inc.'s position was that they did utilize the usable part of this property to its best usage for automobile storage provided they provided satisfactory fencing and screening to restrict the view, The adjacent parcels of real estate on the South (several hundred feet) are also owned by North End Auto Wrecking, Inc, and the city owns a near landlocked piece protruding into the North End Auto Wrecking, Inc. property on the East. The property is again shielded from view by heavy tree cover throughout an unbuildable piece of land owned by the City of Dubuque, again with tree cover and the elevation there is no visibility from the East. The property sought rezoned runs to Olympic Heights along its entire North boundary. The property elevates rather rapidly along Olympic Heights and is the area sought to be rezoned. The entire area along Olympic Heights is heavily wooded screens most of the view of the stored cars on North End Auto Wrecking, Inc.'s property. On the South the view is almost entirely restricted. In leveling the hill North End Auto Wrecking, Inc. lost some of the trees, but did not affect much visibility. North End Auto Wrecking, Inc. is planning on installing an eight foot chain link fence during the Summer of 2004, along the area between the between the trees and the area being utilized for automobile storage. This chain link fence would be covered with plastic slatting or other covering as approved by the City of Dubuque building department. North End intends to install a four foot heavily shrubed berm along the North boundary with the planting of deciduous evergreens, conifer trees and other trees designated by the Landscaper, which will be coupled with the already existing vegetation, will create excellent screening from the North and limit access from Olympic Heights on foot. This will avoid the theft of car parts from persons parking on Olympic Heights and walking up the hill on foot. We are requesting that a portion of real estate (I-I-I Oakwood) be rezoned from Agricultural to Heavy Industrial to allow for the storage of vehicles beyond that area which is already zoned Heavy Industrial. It appears that there is about 100 feet, which is 2 being utilized all the way along the North boundary. Further it appears that at the present time there is an additional 100 foot buffer of heavy trees and shrubs between the area being used and Olympic Heights, which will remain. North End Auto Wrecking, Inc. has attached aerial photos, which they believe present a good overall picture of the area and its present usage. Also during the process of seeking this rezoning it was discovered that another parcel of the North End Auto Wrecking, Inc.'s property was zoned R.I Residential. This is the parcel shown on the attached plats as 001 with the legal description shown thereon (Lot 10 of Gillispies). This is the crown of the hill and is almost entirely unusable for any purpose, but it has been discovered that North End Auto Wrecking, Inc. is utilizing approximately 1.25 acres of the Northeast comer for automobile storage. This area is shielded almost entirely from all sides by trees and ground cover. It is being sought that this 1.25 acre area be rezoned to Heavy Industrial also to allow North End Auto Wrecking, Inc. to continue to use this area for automobile storage, with the balance ofthis parcel remaining R.1. SUMMARY: It is requested that the balance of the portion of real estate described as: Lot 1 of Lot 1 of Lot 1 of Oakwood in the City of Dubuque, Iowa, presently not zoned Heavy Industrial be rezoned from Agricultural to Heavy Industrial, except for a 100 foot area (strip) along the North, which would remain Agricultural as a buffer zone, This rezoning would allow North End Auto Wrecking, Inc. to better organize this auto salvage inventory in more orderly rows of salvage cars with passages between rows, in a presentable fashion and to continue to provide reasonable and functional used automobile parts to the City of Dubuque, just as it has for the past 50 years. This orderly maintenance of vehicles in rows would create a situation looking more like a parking lot then a salvage yard. Also by raising the elevation of the Northern portion of the property it will allow the parcel to be fenced in blocking a higher level of visibility from the North. It is also requested that the 1.25 acres at the Northeast comer (as shown on aerial photo) of Lot 10 in Gillispies, in Dubuque, Iowa be rezoned from R-I Residential to Heavy Industrial to allow North End Auto Wrecking, Inc. to utilize this area for automobile storage with the remaining portion to remain R.I Residential. The entire remainder of the area is a steep hill, which is heavily wooded and basically unusable for any purpose. Obviously, it is pointed out that if the property is rezoned the taxes will increase due to its more profitable usage. 3 In viewing the aerial photos you're also advised that North End Auto Wrecking, Inc. is also in the process of attempting to purchase some land owned by the City of Dubuque on the South of the portion of the hill property sought to be rezoned, which would make North End Auto Wrecking, Inc. the sole owner of all property to the South. Consensus: As a consensus to the rezoning of the property sought, North End Auto Wrecking, Inc. will enter into an agreement that no buildings will be allowed to be constructed on Lot I of Lot I of Lot I of Oakwood in the City of Dubuque, Iowa. This will include the Agriculture buffer zone, rezoned Heavy Industrial and the existing Heavy Industrial. It is the intention of North End that they store vehicles in this parcel of land and no construction would be done. This would allow the property to be rezoned and as a consequence thereof of the property taxes would increase, but we restate that the usage of property, which is now 50% Heavy Industrial, so as not to allow construction, presently allowed under Heavy Industrial zoning to be construted on top of the hill. At the present time the 50% zoned Heavy Industrial portion would allow industrial buildings to be built, which would obviously stand up above any tree covering with no limits on the screening of these buildings with visibility. This is a solid plus for neighbors, since this is one of the highest areas in the area and any buildings would be clearly visable for some distance. The planting and screening would be made under authorization by a Land Scape Architect and a Foresty Servicer, who has already presented a plan to City Zoning and which will work with the City Zoning in procuring maximum screening in a City approved manner. North End believes that the rezoning will allow for the best usage of this property and best tax generating. North End submits that the proposal with no building provisions will create a better long tenn plan for the development of this area. Personal viewing of the property from Olympic Heights is recommended to best understand the screening and distance situation. North End further purchased a residential home and large building lot adjoining the area sought rezoned on the West boundary creating a further buffer and screening between the existing Heavy Industrial area and nearest homeowner. North End has further constructed several service catch basins to accommodate the run off, which has until now, naturally flowed into a ditch along Olympic Heights, which empties onto Central Avenue. The hillside drained naturally into this ditch with no restriction and now the new catch basins on the top of the hill accumulate water and release it at a slower rate into the ditch. This is a considerable improvement over the earlier situation. 4 ~ North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 Property presently owned by above incorporation. Per aerial photo (1996) Dubuque Assessors Office designated by number and by "X". 1. 2. 3. 4. 5. 6. 7. 8. Parcel 011 Parcel 012 Parcel 009 Parcel 008 Parcel 007 Parcel 004 Parcel 005 Parcel 014 9. Parcel 001 10. Parcel 001 11. Parcel 001 12. Parcel 002 13. Parcel 002 TOTAL: 13' Parcels RE: Zoning Modification requested on parcel 002 and parcel 001 from "Agricultural" to "Heavy Industrial". 0 E- >--' <~ að z ,,1 ¡,r..¡~ ::r:U E-Z tV ,......, Õc5 ZZ >-<;2 COU au.¡ c" ~ z~ ~ 0 '" /" >~ " ~ B. c. A. B. North End Auto Wrecking Inc. 55 W. 32nd Street Dubuque, IA 52001 PH: (563)556-0044 MAP I. Lot 1-1-1 Oakwood A. Area labeled "A" which is a triangular section (5.75 acres) is sought to be rezoned from Agricultural to Heavy Industrial. Area labeled "B" is the North 1 00 feet to remain Agricultural as a buffer zone. The remaining balance of Lot 1-1-1 Oakwood to remain Heavy Industrial. II. Lot 10 GilÍisoies Area labeled "C" in Northeast corner (1.25 acres), proposed to be rezoned from Agricultural to Heavy Industrial. The remaining balance of Lot 1 0 Gillispies to remam Agricultural. 8. 18"-'l1'y{ -'Is, 33' Book of Plats #23, page 39, Plat of Subdivision of Lot 1 of Lot 1 of "OAKWOOD SUBDIVISION, DubuQue County, Iowa", filed for - record Nov. 15, 1955, at ~I.'),' 11:11 A.M.: ' ," !J"~' Lo... / of of La ¥.S,.,f'.a~,13HWUN tc.It.LEC"'o:>,oo' SHor'.ON" 'j,J'N,-r~9N., D<Z""aN 'P"n 1!,:JE. af 5P ft1. "....... E<"ro'". FeNa' Dubuque, Iowa, Oct. 27, 1955. e'~p~..~~~:;:HD I hereby certify above is a true and correct plat of the Subdivision of Lot 1 of Lot 1 of "Oalcwood Subdivision,Dubuque County,IO1.¡a". Only Lot 2 of said subdivision was surveyed by me but all of the foregoing was platted and numbered by me. BARTELS & McMAHAN ENGI NEERING CO. , By Carl F.Bartels, Licensed Professional Civil Engineer and Land Surveyor, (Seal). Dubuque, Iowa" ,Nov. 15, 1955. The foregoing Bubdivieion of Lot 1 of Lot 1 of "Oakwood Subdivision, Dubuque County,Io..¡a" as appears on above plat is made with the free consent and in accordance with desire of undersigned owners and proprietors of said real estate. John J. Glynn. Acknowledged Nov. 15, 1955 by John J. Glynn, single. ..... ..... ... W'," ,w."",,",' ~'6f.\.1'1 ~.~'~;!}CT COMP4ffY .A8J'f;_A'lrr~ C15/{j5/~[1{j4 1~:~.3 56.385~50{j4 ':ASGAItE. FORESTRY RA't {j~ Cascade Forestry Service, Inc. 21995 Fillmore Road Phone: (563) 852-3042 Cascade, Iowa 52033 (800)-596-9437 E-mail: Fax: (563) 852-5004 cascade@netlns.net Website: www.cascadeforestry.c9m PROJECT: NORTH END WRECKING me. In early April, North End Auto Wrec:king Inc. requested Çascade Forestry to inspect a site on their property. The purpose was to design a visu.a1~ screen planting on the northern limits of their property. . SITE EVALUATION: In mid April the site located parallel to Olympic Heights Road and on the Soutbside of said road was inspected by Ca:qde Forestry Inc. An attached drawing awroximates the site location and qinlensions. The area between the ti1l/Ùlcline site and Olympic: He~ Road has volunteer growth of scrubby deciduous trees and shrubs. The site also bas various species of perennial and annual ground GOvcI vegetation. This ¡rowth provides limited sc=ing of the site ftom Olympic Heights Ro~ especially betWeen mid April and mid October. The site to be planted is in excess of Y. of an acre. The s.ope is quite severe, in the 20-30 degree range. The distance &om bottom to top of the slope varies &om 45 to 65 feet. A fence is to be inst<ùled at the crest of the slope to scree~ the vehicle storage area. The composition of the fill IDII1e:riaJ is diverse in na1Ure. Sp~ of the fill material will present a challenge to plant growth. There is however, suticient forms of soil and organic matter to support plant groWth. The tJ:3nsition trom a bare, tiTled, steep slope to a tree and bush covered area will take time depending on in1tiaI plant survival, rainfall, planting rate, species adaptabiJjty and care oftbe site. RECOMMENDATION: When the fill is completed on the site we would recommend the following action. 1) A hardy perennial grass mixture should be seeded pn the slope. This may have to be repeated during successive growing season to e$tab]ish a stand. This will stabilize the slope. 2) A mixture of rapid growing trees and shrubs shouLii be planted as soon as possible. In time their root system will permanently stabilize the slope. 3) We are recommending a fairly high density plantinS of the fullowins species intersperses throughout the site. The shrubs will bel clumped to fOnD thickets. I TREES: Black Locust, Burr Oak, Green Ash, Red C~ I SHRUBS: American Plum, EJderberry, Gray Dogwoof, Hazelnut U'olfj'ol~fjlJ'¡ l~:~J 55385~50lJ'¡ '~ASCAI<E FORESTR'i PAGE 0,: This type of pJenting will not <IDly provide a vegetative cpver fur the filled slope but ",-ill also screen the site from the road. This type of planting will also enhance the habitat for the already present song birds including sparrows, finchc,s, cardinals and nuthatches. RespectfulJy submitted, CaMn Gatch. Jr. Sales Manager Cascade ForestJy Sel'llice, Inc. ~Cf~ Edwin Schulz Cascade Forestry Service. Inc. ~~~ ßS/Z4/2004 11'1: 42 56385250Ø4 /càscade Forestry Service, Inc. 21995 FIIII1IOnI Road Phone: (563) 852-3042 Cascade, Iowa 52033 (800)-596-9437 E'rnall: Fax; (563) 852-5004 C8$C de@netlns.net Webslte: WIIIW.caacadeforestry.com CASCADE FORESTP'..! M::¡y 24. 2004 Project: 04$01537 North End Wrecking Berm and hiJJside plalJtíng. I. Approximately 20 10- I 5- £et red cedar trees ..,..ill be planted 011 a four-fuùt 'berm established at tl)(;'. edge of the emlxmkmen1. These cedar tree wjIJ immediately 1<11111 a visual screen that will c"entua.lly grow tt) ;;¡ ht"Jgh1 üf 30- -w feeL 2, Black loctl~ se-edlings "',ill be hand-planted Of! the ÝJortb- l'àcing steep slope of the embankment Black IOCUStlJ3S the abi/.jty ilJ grow' and thrive in a variety of ;>oils and ô;itcs. -rhey should grow to a height of 40-50 feel. They can ~ 'ow tòur or five feet a year. and th~ produce a white blQssom in the springtime 1'h111 makes the trees especicl.Jy attmctÎve on hilhides. Twelve to eighteen inch see.dlÍng \Vil¡ be hand planted because the: slope is to(\ steep to permit a tree-planting machine ro Qperale. APl)¡'oximately 100 black Jocust seedling:;, will be planted. Respect/"..:!!::' submitted. a~ F fJ1j} Cahin F. Galch. Jr. Sales M~llager PAGE 02 ~-_._- . -'-"" 'Càscade Forestry Service, Inc. 21995 Fillmore AGed Phone: (563) 852-3042 Cascade. Iowa 52033 (800»96-9437 E-mail: Fait: (5$3) 852-5004 cascade. netins.net Web8lte: -.cascadeforestry.eom ~\ f K )( ." 'f 7i )Z J< .x )< j( 1- ì< 1 F Jt. )<' 'f'f ¡< r ;X 'If ;< r , "," \ ; ~>\ ",:, \ {;'(? ;v1V !..tu¡AAJ HUGHES & TRANNEL, P.C. ATTORNEYS AT LAW 1154 IOWA STREET DUBUQUE, IOWA 52001.4818 ALFREO E. HUGHES JAMESA. TRANNEL JEFFREY A. TRANNEL ANTHONY J. QUINN September 13, 2004 James A T,annel, Jeff,ey A. T'annel Anthony J. Quinn and Jamie A. Spllnte' LIcensed to P'actlce In ""nols . ~ JAMIE A. SPLINTER FAX No. (563) 557.1018 Honorable Mayor Terrance Duggan and Members of the City Council Cit6' Hall 13' & Central Avenue Dubuque, IA 52001 TELEPHQNE (563) 557.7360 Dear Mayor Duggan and Council Persons: We represent Hennan Nauman and 27 other residents of the area known as Olympic Heights. My clients are all opposed to the rezoning request of Mr. Roger Kunde that seeks to rezone approximately six (6) acres of existing AG land to H-I, Industrial use. This rezoning request represents a request to rezone a massive tract of land. Outside of the Industrial Parks in and around the City and the fonner Dubuque Packing Company site, there has been and is no area that is as large as this one that has been rezoned to this classification. My clients have heretofore all signed a Petition opposing this rezoning request and a copy of that Petition is attached as Exhibit "A" to this letter. The people who have signed this Petition will be and are being adversely affected by the contemplated and in fact continuin~ expansion of North End Wrecking Co.'s operation. This type of operation and its proposed location is virtually impossible to effectively screen. When Mr. Kunde first acquired this operation, it was located south and beyond a large hill to the north. This hill is its natural state largely blocked out the view of the actual junked autos, trucks, trailers, and other material stored in this "auto salvage" yard. After Mr. Kunde purchased this property, he reconfigured the topography by leveling off the hill and expanding his operation onto that leveled area around where the hill had been so that a large portion of it is now visible from the north and west. Before Mr. Kunde purchased this operation, he had an attorney research for him the zoning classification of the property where the North End Wrecking Co.'s operations were then conducted. Mr. Kunde was advised that the salvage yard operation as it then existed was legally established prior to 1985 and was in the H-I District and that parts of it were non- confonning in the CS Commercial District and the AG District. Mr. Kunde's attorney was advised by the City Planning office that the salva~e vard could not exDand into the AG District or the CS Commercial District. Notwithstanding this direction, Mr. Kunde has continued during the entire spring and summer of 2004 to expand his operation into the AG area north of the place where his operation legally existed. Among other things, in the AG District, he leveled the hill that had acted as a natural buffer between the operation and the residential properties to the north and west. He then proceeded to arrange to have dump trucks bring in removed street materials that , . -2- contain blacktop, concrete, gravel, and other debris. Nothing but weeds can grow in this environment. He told the Zoning Commission he would build a berm along the north side of the area he re-shaped for his auto salvage yard and apparently that has also been part of the grading he has been doing there. However, this is not your typical landscaped sloping grass and tree covered berm. Instead, it consists of all sorts of debris ranging from old used PYC pipe to huge rocks and boulders, as well as clay and materials from an old street. All these massive changes have taken place without approval of the Rezoning. The work continues without regard to the fact that he does to vet have a rezoning to permit the use he is already making of the property. Mr. Kunde proposes the rezoning of the entire, almost 6 acres except for a TOO foot buffer along Olympic Heights Road. This "buffer zone" is not part of the property he has leveled off, it is the steep, almost bluff-like bank, that already exists along Olympic Heights Road. It does nothing to provide any type of visual block between the residence properties to the north and the auto salvage yard. The Zoning Commission's final decision about this request left an area of confusion for the property owners as to exactly what kind of restrictions would be placed on this rezoned area, but it was clear that Mr. Kunde is doing just what he planned in the beginning and the restrictions will have to conform to the construction and expansion that he has already done and continues to do. We respectfully request that Mr. Kunde's rezoning application be denied and that he be directed to restore the property to its original state that existed before he started this expansion. On behalf of the respective property owners from Olympic Heights, we respectfully request that we be allowed to address the City Council at the public hearing on this issue on September 20th. Thank you very much for your attention to this matter. Yours very truly, HUGHES & TRANNEL, P.c. éb/~ Æ ~ Alfred E. Hughes AEH:sh enc. nauman mayo, letdoo/,h , . EXHIBIT "A" TO THE ZONING ADVISORY COMMISSION . TO WHOM IT MA Y CONCERN: WE THE UNDERSIGNED ARE OPPOSED TO THE REZONING OF THE PROPERTY ON THE SOUTH SIDE OF OL YMPIC HEIGHTS ROAD FROM AU AGRICULTURAL AND RI SINGLE FAMILY TO HI HEA VY INDUSTRIAL. WE ALSO ASK THAT THE OWNER BE REQUIRED TO RETURN THE PROPERTY TO ITS ORIGINAL CONDITION AS OF THE DATE HE TOOK POSSE SSION OF IT. REZONING THIS PROPERTY TO HI HEA VY INDUSTRIAL WOULD CAllSE ALL THE PROPERTY ON OL YMPIC HEIGHTS ROAD TO SEVEREL Y DEPRECIATE IN VALUE AND BECOME DIFFICULT TO SELL. ON MOST OF THE PROPERTIES ON OL YMPIC HEIGHTS, A SAL V AGE YARD WOULD BE PLAINLY VISIBLE EVEN WITH AN EIGHT FOOT FENCE BECAUSE OF THE SLOPING TERRAIN. FOR THESE AND OTHER REASONS WE OPPOSE THE REZONING. / ...1.'I-I-fft~¿J (J),I1JI" J et",c, }"" ¡ - / 0 I)) ~.:...- ~ -3 .3.3 c9- ~ Q/ ¡r;;- IO~ U~ 3 J 3 ¿¡~7'~ #1$ ~ J!j -Á..~ 330 ð~~~/¡dl;. C/~ 0 I EXHIBIT nAn TO THE ZONING ADVISORY COMMISSION . . t TO WHOM IT MAY CONCERN: WE TIIE UNDERSIGNED ARE OPPOSED TO THE REZONING OF THE PROPERTY ON TIIE SOUTH SIDE OF OLYMPIC HEIGHTS ROAD FROM AG AGRICULTURAL AND R I SINGLE F AMIL Y TO HI HEAVY INDUSTRIAL. WE ALSO ASK THAT TIIE OWNER BE REQUIRED TO RETURN THE PROPERTY TO ITS ORIGINAL CONDITION AS OF THE DATE HE TOOK POSSE SSION OF IT REZONING THIS PROPERTY TO HI HEAVY INDUSTRIAL WOULD CAUSE ALL THE PROPERTY ON OLYMPIC HEIGHTS ROAD TO SEVERELY DEPRECIA TE IN VALUE AND BECOME DIFFICULT TO SELL. ON MOST OF THE PROPERTŒS ON OL YMPIC HEIGHTS, A SALVAGE YARD WOULD BE PLAINLY VISIBLE EVEN WITH AN EIGHT FOOT FENCE BECAUSE OF THE SLa", P, ING TERRAIN. FOR, T, HESE, AND OTHER RFASONS WE OPPO)E. THE R~]~.~:¿-~~o. -:~7r:z-Ør"- g2 3,' ' èA, VÒÆ£g?;~ .:ß-, ~¡k"," ~ , / 7Y~ é:)j J"t-r' l. /Je'r-h ie-:> ~~ ~ÿ¿~ 1JiJ4 0 (~;~~~ /' r~'~ 307 '- II" , ../ I /.:' /,""::" . " ,. (' Co- I ( I fi' ,l" .;;~OW P;Þ J¡1C9~~.J¥ \" J/ /-:;/f /;/ 'I ...J.... .~ '?" v (0 1,.'-. ,i ':' U41'P ßi -r //\ CL ," / ; r (J -~~ (\ ~ '2.4$ OähtlC ¡tTÇ. ß«\ ,J,"lj(. :~,æ~,'o .' JÞft"r ~~~'--- 5OG " . ¿QßQu~ ßo~ ~~ ~ u,,~ Q'Wv\ ~ ~oö. +\o..cO~~ ~ L'7 r '1J.¿{( ~ ~1~ ;¥F,(" ~(70 I¡Clwh'fY H..e, ,~tf.f ;;;;.tv~ ~1.L1..:f. - /D - '790 ~I¿U¡-f ~'-b (~~ '711~ q ~ æ ~ f), uLt<d. Þ U~r-' Hl~\ 'l\C*-~~\ . , '7 9 0 /iðc.vJkr-e- If c¡ Is. ;<po o-&r1~ /~ r Lfqr~~ ~ :?ýI¡) °l/np¿ I~~;? Zy{~ C \q\Y~)C \ \(J'\\h\C; ~.J <J . . , - ,\ 1\ \ /1 '\i'~ \ ;(l v .J 'lJ ~¡)) ¡J~ . To Dubuque City Council This letter is in reference to the sudden rezoning attempt by Roger Kunde and Robert Klauer his attorney .They have requested rewning of the North End Junk yard. For many years it was in operation in the North end and the size was getting larger all the time under the management of Fay Orken(whom has passed away and the yard now belongs to Roger Kunde and Robert Klauer) and the city never kept tabs on whether they were in compliance or not. Now Mr. Kunde and his backer Mr. Klauer are trying to do the same thing. But what they have done is knock down numerous trees and vegetation and now everyone on Olympic Hieghts can now see the junk yard. Weare outraged here on Olympic heights that they are doing this. They have filled in on this property and caused erosion of mud and rock down on Olympic Theghts road. It now looks like a land fill !Tom our side on Olympic Hieghts. The road ditch on the junk yard side has almost completely filled in on some spots and the mud that came down after the last heavy rain was considerable. Usually there is just water and a lèw rock washing down. This time there was a large amount of mud along with the rock.Mr. Kunde said he added tile and catch areas to hold the water but where is he running his water to? What city engineer laid out the plan for water run off. From the North end property? I and the majority of Olympic Heights residents would appreciate the council to disapprove the rezoning of the north end property. A petition against the rewning was signed by the majority of residents of Olympic Heights. A copy of this petition was given to the rezoning board. An attempt was made to have the zoning commission vote to approve their rezoning of the junk yard one month ago. They did not get a favorable vote so they asked to table it and bring it up again one month later. What they did in this time was purchase the property next door to me in an under handed tactic and now the junk yard could be next door to me if the rezoning isn't turned down. Roger Kunde and Robert Klauer opened this can ofwonns. I believe the city should not rezone this property. They are grand fathered in on the same property the North End was originally working. Roger knew that the rezoning was unfavorable when he and Klauer or purchased it. What they did was fill this property and moved cars out to the perimeter without the approval of zoning. They should be fined and told to move the cars back. If! pulled this inftaction against city zoning it would have happened to me. I would have had to pay a fine. Since this can of wonns has been opened they should have to comply to the zoning already written for a junk Yard. They need to put a bunn and fence completely around this yard so these cars and junk is not visible to the public. Every other yard has to comply with this zoning why shouldn't they? There is a 20 foot line of trees between the junk yard and the property Kunde and Klauer just purchased. I have heard !Tom the grape vine he is going to remove these trees that is buffering the yard now. Ifhe does he should be required to put up a fence that we cannot see these cars and junk. I believe he has a plan to go across this line !Tom residential to heavy industrial !Tom this new aquired property. This will create a new entrance into this property !Tom Olympic heights. I hope the city sees through this and stops this in!Taction before it happens. I do not want to be the watch dog of Olympic Heights. They should also have to put the bank on the north side along Olympic heights back into shape with vegetation and plantings so it still looks like a residential area and not a city landfill. When the leaves drop this fall and expose this bank it will be a disaster. To recall the path of Roger Kunde and Robert Klauer as they had to leave the Cedar Cross property they tried to rezone the property down by the waste treatment plant and after petitions and complaints and citizens having to spend much of their own money to guard against this transaction it was turned down. Now they are at it again trying to expand a property that was grand fathered in because the county allowed this yard to exist. The city annexed this property and now is the time to not let this junk yard to expand. We here in the North End area would like to preserve this area for residential not heavy industrial like Kunde and Klauer are proposing. We cannot understand how the city could even let this he considered after the trouble that was caused by the rezoning attempt at the waste treatment plant. We here are now forced to spend our hard earned money to defend something that should never even be considered. If this is allowed consider what could happen to this property. They want heavy Industrial. This means they can almost do anything with this property they want. If you don't know junk yards a good example of one is down in Moline Illinois by the rock river where anyone who wants a part can go in and take the part off themselves. The cars are set up on two rims on each comer of the cars and with your own tools can remove the part you need and pay for it as you leave. This in the evening or late night hours requiem lighting so you can find the cars you are going to remove the parts !Tom. I visualize huge lighting so this is possible and then will annoy all the neighbor hood. Then with these trees and vegetation gone they will be more . '" . visible along with the cars. Right now they say the people on the south side of the junk cannot see the yard but they are wrong again. In the winter months right now the neighbor hoods on the south side can see the yard too. If this yard is zoned heavy industrial these trees will also disappear and then they will see and hear the junk yard all year around. Just think if there was a junk yard allowed on the bluff over the fourth street elevator look what we would have on our hands. We here in the Olympic heights neighborhood believe the industrial part of this business should stay on the lower part along west 32"" street where all the businesses are. We believe Dubuque would be best served with a residential area on the top ofthe hill rather than a junk yard. From up here we look down on Holy Ghost church and a old North End residential area. It is pleasant to the eyes but with a junk yard all of this would be lost. We could end up with another Dennis Sharkey stand off and this would be a sad thing. Something else I would like to bring to all of your attention is the fact that junk yards are not inspected. They can store anything they want to there. In our times today with terrisom going on wouldn't it be wise for our city to inspect these junk yards to be sure they are not storing things that would be detrimental to our health or lives. I have called the DNR and asked if they inspect junk yards and they do not. I believe we should do something now before something happens we all would be saddened by. Respectively submitted 8 Sep. 2004 Richard Koob 330 Olympic Heights Dz:4:'; C /4 (", (/c~ '(~<Ít?/ A¿///~ - - September 8,2004 , , The Honorable Mayor and City Council C/O City Clerk City Hall 13th Street Dubuque, IA. 52001 <i-, Ladies and Gentlemen: RE: rezoning by Roger Kunde a,ka. North End Auto Wrecking of parcels on West 32od St. ITom R-l, Residential to Heavy Industrial. I am strongly opposed to the rewning of this beautiful sub division on the bluff. I have no objection to the present wrecking area that was grandfathered in as long he continues to establish a burm and security per previously passed zoning. Since, he has purchased a property with the avowed intent of building a residence. However he has littered this property with a number of wrecked automobiles. This is in direct violation of the City of Dubuque's Residential zoning parameters. He has tried to open a scrap yard on Julien Dubuque Drive which you turned down. This area on Thirty second street is a much more fit location for residential zoning than the old U S Chemical plant area. I urge that you decline his request to rezone this beautiful residential and agricultural area. Thank you, (p ød ¡: Ut/k/ Paul 1. Uhlrich 489 Olympic Heights Road. Dubuque, Iowa. 52001.