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
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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 <;~~.,.'\
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9
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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
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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
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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
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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
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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.
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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
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CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
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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
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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
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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
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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
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~~~
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
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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,
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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
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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
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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
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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
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Exhibit A
T;
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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".
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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.: '
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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.
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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$Cde@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
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'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
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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.
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EXHIBIT nAn
TO THE ZONING ADVISORY COMMISSION
.
.
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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
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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
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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.