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Request to Rezone 3087 Central Avenue_Second ReadingMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Additional Information on 3087 Central Avenue Rezoning DATE: June 29, 2011 Dubuque kittri All- AmeticaCity 'I'll® 2007 Planning Services Manager Laura Carstens has provided follow -up information clarifying the Planning Services Department's staff position regarding zoning regulations and staff's consultation on the number of dwelling units allowed at 3087 Central Avenue in response to the remarks made by the applicant, Jeff Stiles, during the R -4 rezoning public hearing held by the City Council on June 20, 2011. MCVM:jh Attachment cc: Jeff Stiles Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager Kyle Kritz, Associate Planner Micha'bl C. Van Milligen Masterpiece on the Mississippi Dubuque kiftd AI-America city 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manage SUBJECT: Planning Services Staff — Follow -up Information re: 3087 Central Avenue DATE: June 28, 2011 INTRODUCTION This memorandum provides follow -up information clarifying the Planning Services Department's staff position regarding zoning regulations and staffs consultation on the number of dwelling units allowed at 3087 Central Avenue in response to the remarks made by the applicant, Jeff Stiles, during the R -4 rezoning public hearing held by the City Council on June 20, 2011. BACKGROUND The property owned by Jeff and Mindy Stiles at 3087 Central Avenue is zoned R -3 Moderate Density Multifamily Residential, which allows a maximum of six dwelling units. Dubuque County records indicate that a large single - family mansion was built at 3087 Central Avenue circa 1900. The building was subsequently converted into a duplex in 1938 and then converted to a seven -unit building in 1948. City Directory records and rental license history indicate that the building maintained seven dwelling units until its purchase by Jeff and Mindy Stiles on November 3, 2010. Sometime after Mr. Stiles purchased the property he indicated that he combined the two units on the main floor into a single unit, reducing the total number of units to six and making the property compliant with current R -3 District zoning regulations. The grandfather status was lost at this time. Mr. Stiles also reduced the number of rental licenses to five. He maintained the sixth unit as his living quarters, which did not require a rental license. Subsequently, Mr. Stiles added a 7 unit in the basement at 3087 Central Avenue without securing the required building permit(s). Because the basement was never a dwelling unit, and the apartment was added after the loss of grandfather status, the basement unit is in violation of the City's R -3 zoning regulations. DISCUSSION 1. At the June 20, 2011 City Council hearing, Jeff Stiles indicated that he was not aware of the number of units allowed by R -3 zoning. Planning Services Staff — Follow -up Information re: 3087 Central Avenue Page 2 Mr. Stiles was appointed to the Zoning Commission in July 1992. Upon his appointment, the Planning Services staff provided Mr. Stiles with an orientation to the Commission's duties and the City's 1985 Zoning Ordinance. The R -3 regulations were contained in the 1985 Zoning Ordinance, and limited the R -3 District to a maximum of six dwelling units. Mr. Stiles presided as the Chairperson during the Commission's work sessions and public hearings on creation of the Unified Development Code (UDC) in 2008 through 2009. The Commission reviewed the R -3 regulations. The R -3 zoning regulations in the UDC remain unchanged, with a maximum of six dwelling units allowed (see enclosed R -3 regulations). During Mr. Stiles' last ten years of service on the Commission from 2000 to 2011, 42 rezoning cases were heard that involved R -3 zoning (prior to the hearing on his case). Since 1990, the Planning Services Department has provided the Zoning Commission with a written staff report prior to their meetings for each case that appears on their agendas. Planning Services Staff are available during office hours for one -on -one consultations in person, via telephone or fax, and via email to all Zoning Commissioners. Planning Services Staff also are available for consultation before and after the Commission's monthly meetings. The UDC is posted on the City's website. 2. At the June 20, 2011 City Council hearing, Mr. Stiles indicated he confirmed the number of units allowed at his property with Assistant Planner Wally Wernimont. On May 2, 2011, Electrical Inspector Corey Firzlaff emailed Assistant Planner Wally Wernimont questioning Mr. Stiles' plan to put an apartment above the garage / carriage house at 3087 Central Avenue. On May 3, 2011, Assistant Planner Wally Wernimont emailed Mr. Stiles that an apartment above the garage would not be allowed. A copy of this email is enclosed. Mr. Stiles called Mr. Wernimont and me after receiving this email. All discussions between the Planning Services staff and Mr. Stiles during the month of May 2011 were about adding an apartment in the garage / carriage house. At no time did Mr. Stiles tell Planning Services staff members about the basement unit during their conversations about and site visits to the property during the month of May 2011. Mr. Stiles filed an application for R -4 rezoning on May 19, 2011. At the June 1, 2011, Zoning Advisory Commission public hearing, Mr. Stiles said that he requested R -4 rezoning to allow his property to go from six units to eight units. He did not mention the 7 unit in the basement. The Planning Services Staff Report for this case states 3087 Central Avenue is a six -unit property. Mr. Stiles informed the Planning Services Department on June 6, 2011 via email that after he purchased the property in the summer of 2010, he combined the two apartments on the first floor as a residence for his family, and then created a dwelling unit in the basement. Thus, June 6, 2011 is when the Planning Services Department first learned of a 7 dwelling unit in the basement at 3087 Central Avenue. Planning Services Staff — Follow -up Information re: 3087 Central Avenue Page 3 3. At the June 20, 2011 City Council hearing, Jeff Stiles indicated that he thought the building was grandfathered for seven units based on the realtor's listing. Knowledge of the property's grandfather status implies that Mr. Stiles knew that seven units were more than allowed by the zoning regulations, even if he didn't know six was the R -3 maximum. The basement apartment is the 7 dwelling unit on the property. The apartment above the garage / carriage house would have been the 8 unit on the property. Permit history for the property indicates that after receiving a letter dated August 10, 2010 from the Building Services Department advising him that the work being performed at the residence was required to have permits, Mr. Stiles secured a building permit on August 13, 2010 for exterior work already begun to: "Rebuilt staircase, foundation repair, patched soffit and fascia and metal roof. Install window well." On April 4, 2011, Mr. Stiles was issued a building permit for: "Interior remodel to carriage house apartment, drywall, insulation, add dormer, replace windows." CONCLUSION The Planning Services Department has provided Mr. Stiles with the City zoning regulations and with staff support as a Zoning Commissioner for City zoning in general and R -3 zoning regulations in particular. He has presided over a review of the R -3 zoning regulations during creation of the UDC, as well as 42 R -3 rezoning cases since 2000. Planning Services Department was not contacted by Mr. Stiles about the zoning regulations for his property until he responded to a May 3, 2011 email notice from Planning Services staff that adding a carriage house apartment was not allowed. Planning Services staff was not informed of the basement unit until June 6, 2011. The Building Services Department relies on accurate and complete information from the permit applicant to determine what code(s) to follow and to determine whether the Planning Services Department should be contacted. If Mr. Stiles' permit applications were to have read: To build a new residential unit in the basement, or, to build a new residential unit in the carriage house, Planning Services staff would have been notified and the process would have worked as it is supposed to. As it was, the Building Services Department noted that Mr. Stiles was creating a new unit in the carriage house, and at that point, notified the Planning Services Department. Planning Services staff immediately notified Mr. Stiles that this unit was not allowed, and subsequently, he applied for a rezoning to R -4. This information is provided for your consideration. Enclosures cc: Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager Kyle Kritz, Associate Planner F: \USERS \LCARSTEN \WP\ZONING \3087 Central Avenue \Clarification 3087 Central Units Memo MVM.doc Wally Wernimont - Fwd: 3087 Central From: Wally Wernimont To: weekenderman @mac.com Date: 05/03/2011 4:21 PM Subject: Fwd: 3087 Central Jeff, I was informed that there is a possibility that you are converting the upstairs of a garage at 3087 Central Avenue into an apartment. This is to inform you that an apartment would not be allowed in the upstairs of a detached garage. The property at 3087 Central Avenue is zoned R -3 Moderate Density Multi- family. This zoning district does not allow apartments in detached accessory structures. If you have any questions, feel free to contact me. W ally Wernimont Assistant Planner City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Phone (563) 589 -4210 Fax (563) 589 -4221 wwernimo(alcityofdubuque.orq »> Corey Firzlaff 05/02/2011 9:37 AM »> Hello Wally, The property at 3087 Central has a garage in the back, and the owner is planning on putting an apartment above the garage. He took out the permit for the electrical and I told him he couldn't do the work himself. The question I have for you is did the owner contact anyone in planning to make sure it's ok for him to do this in the first place? The owner's name is Jeff Stiles. Just a head's up for you. Thanks, Corey Corey Firzlaff Electrical Inspector City of Dubuque 50 W. 13th St. Dubuque, IA 52001 563 - 589 -4155 563 - 599 -1579 Page 1 of 1 file•IIC• \T)nnnmpntc anal SPttinac \ww rnimn \T nral G ttinnc \TPmrr \XParrm ica\dTlPf')RQ2 nli ')ni ')n11 Mike Van Milligen - 3087 central From: David Harris To: Van Milligen, Mike Date: 7/5/2011 12:54 PM Subject: 3087 central CC: Kritz, Kyle; Lindahl, Barry; Russell, Rich Page 1 of 2 Joe Kirk from our office provided the following in response to the latest information from Jeff: Back ih April of last year I went thru the 5 apartments on the 2nd and 3rd floors as an initial inspection; Dick Firzlaff was with me. All I found was a few smoke detectors in need of new batteries, He fixed those on the spot. did not go thru his apt. as it was private residence. I went down to the basement to check out utilities for the building. He had some workers down there rebuilding the back foundation wall that he said had started to cave in. At that time he asked what I thought of putting an apt. in the rear of the basement? I told him the ceiling height was inadequate and it needed a bigger window in the living area. As a personal courtesy to him being he was a new landlord I gave him a copy of the housing code so he would know all the guidelines to follow. I never went back to that building officially after that. In August of last year I was doing a reinspection at 3115 Central when he saw me and asked me to look at his new apt. in the basement. I walked thru it said it was nice. I was not there in an official capacity to do an inspection. I made a note to myself to tell Tami to schedule it for a inspection. Sorry to say with the hectic schedule we have some days I forgot to follow up on that. That was the last time I was in there until last month when I went thru with Sue Brennan and Mike from Building to count units. »> Kyle Kritz 7/5/2011 8:43 AM »> Mike, Jeff Stiles e- mailed this information to Brain Cooper at the TH on July 4th. Kyle »> jeff stiles <weekenderman @mac.com> 07/04/2011 8:18 AM »> Hi Brian, For the record, last year I purchased a house that was zoned R -3 (normally allowing 6 apartments) but had 7 dwelling spaces (one of which had been occupied by the previous owner, with Art Nagel's mother living in the other first -floor unit until she passed away). We vacated one of the units on the first floor (combining it with the other first -floor apartment to accommodate my large family), and added a NEW 6th apartment in a portion of the basement (which already had a bathroom and sink). My electrical and plumbing contractors both obtained permits for the basement work, and I myself obtained an additional permit to reconstruct the foundational basement walls and to add a window well (providing a secondary egress from the new residential apartment in case file: / /C: \Documents and Settings \jhilkin \Local Settings \Temp \XPGipWise \4E130998DBQ_... 7/5/2011 of a fire). A Building Inspector from the city stopped by before I began the project, and left information on how to create a unit that would meet all building and safety codes (proper ceiling height for a living space, the egress, etc). That same Building Inspector stopped by after the project was completed (and before I rented it) and was amazed that everything was completed so quickly and accurately. Last month the city stated I never had that unit inspected, so I located that original Building Inspector and refreshed his memory -- he since then informed Rich Russell that he now remembers inspecting it, but was so busy that day that he failed to record the paperwork. The application I filed earlier this year to change the zoning from R -3 to R -4 was NOT intended to gain approval for the basement apartment "after the fact," but rather to add an additional (7th) rental apartment in our carriage house. It was only after another inspection after our June zoning meeting that the city informed me that the first floor unit in which my family resides already counts as one of the 6 allowed units in our home, and therefore an additional apartment in our carriage house would be an 8th apartment (for which we have neither lot space nor enough room to provide the necessary off - street parking). I incorrectly assumed that the 7 units previously existing in our home would be grandfathered, but since my original zoning application have been informed by the city's legal staff that that's not the case. I therefore abandoned my intention to create a 7th rental apartment in the carriage house, and now am seeking R -4 zoning to bring my 7 -unit home (with 6 apartments) into conforming status. I've intended to be open and honest about everything all along, and have constantly sought advice from numerous professionals and city staff (even bringing staff over before I even made my purchase offer 2 years ago) to seek advice on how I could legally add additional apartments in the basement and carriage house in the future to help fund the preservation of this wonderful old home. Thanks, jell Jeff Stiles Castleview Manor 3087 Central Avenue Dubuque, IA 52001 563 - 590 -1367 www.DubuqueRent.com 0 0 c(1) ■ CD - i0 CU 1) c-n Page 2 of 2 C) m m 0 file: / /C: \Documents and Settings \jhilkin \Local Settings \Temp \XPGrpWise \4E130998DBQ ... 7/5/2011 Section 2 -Land Use Regulations Article 5: Zoning Districts Two - family dwelling Off - premises residential garage Noncommercial greenhouse 5 -5 R -3 Moderate Density Multiple - Family Residential The R -3 District is intended to provide locations for a variety of dwelling types ranging from single - family to low -rise multiple - family dwellings. The R -3 District also serves as a transition between residential and nonresidential districts. 5 - 5.1 Principal Permitted Uses The following uses are permitted in the R -3 District: 1. Cemetery, mausoleum, or columbarium 2. Multiple- family dwelling (maximum six dwelling units) 3. Place of religious exercise or assembly 4. Public or private park, golf course, or similar natural recreation area 5. Public, private, or parochial school approved by the State of Iowa (K -12) 6. Railroad or public or quasi - public utility, including substation 7. Single - family detached dwelling 8. Townhouse (maximum six dwelling units) 9. Two - family dwelling (duplex) 5 - 5.2 Conditional Uses The following conditional uses may be permitted in the R - 3 District, subject to the provi- sions of Section 8 - 5: 1. Bed and breakfast home 2. Group home 3. Hospice 4. Housing for the elderly or persons with disabilities 5. Individual zero lot line detached dwelling 6. Licensed adult day services 7. Licensed child care center 8. Mortuary, funeral home, or crematorium 9. Nursing or convalescent home 10. Off - premise residential garage 11. Off - street parking 12. Rooming or boarding house 13. Tour home 14. Tourist home 15. Wind energy conversion system 5 - 5.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Detached garage 2. Fence 3. Garage sale; no more than three per calendar year or three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building- mounted) THE CffY OF DuB Section 2 —Land Use Regulations Article 5: Zoning Districts 5 -5.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -5.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -5.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -5.7 Bulk Regulations 1 R -3 Residential A Min Lot M Min Lot M Max Lot Front ( Setbacks Min Rear M Max Height Multiple - family (six du max) 2 2,000 /du 5 50 4 40 2 20 - - -- 4 2 20 3 30 Place of religious exercise or 2 20,000 1 100 4 40 2 20 - - -- 2 20 2 20 7 75 Single- family detached dwelling 5 5,000 5 50 4 40 2 20 5 50 4 4 2 20 3 30 Townhouse (sec du max) 1 1,600 /du 1 16 /du 4 40 2 20 - - -- � � 4/0 2 20/0 3 30 Two - family dwelling 5 5,000 5 50 4 40 2 20 5 50 4 4 2 20 3 30 Conditional Uses Individual zero lot line dwelling 5 5,000 5 50 4 40 2 20 5 50 ' ' 10 /0 2 20 3 30 Bed and breakfast home 5 5,000 5 50 4 40 2 20 5 50 4 4 2 20 3 30 Group home 5 5,000 5 50 4 40 2 20 - - -- 4 4 2 20 3 30 Hospice 5 5,000 5 50 4 40 2 20 - - -- 4 4 2 20 J 3 30 Housing for the elderly or disabled 2 20,000 1 100 4 40 2 20 - - -- 2 20 2 20 3 30 Licensed adult day services, 5 5,000 5 50 4 40 2 20 4 4 2 20 4 40 Mortuary, funeral home or 2 20,000 1 100 4 40 2 20 - - -- 2 20 2 20 3 30 Nursing or convalescent home 2 20,000 1 100 4 40 2 20 - -- 2 20 2 20 3 30 Off- premise residential garage - - -- - - -- - - -- 2 20 - -- 4 4 6 6 1 15 Rooming or boarding house 5 5,000 5 50 4 40 2 20 - -- 4 20 3 1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one a additional foot of yard space on al ' * See Section 3 -17 for adjustment of minimum front yard setbacks. i ! 1 * Lot Dept R qaaJgc Required Side t H t Midpoint NINA 1 1r d d . .1 S Shed Roof Midpoint 0 , _se . 2 2 I I M tillik Hei = 0 , a a H ., � � 0 0 � 1 Gable or Hip Roof Deckline o I 9 .J 1 - -iJ 6- H I D o o o M Mansard or Gambrel Roof air ) )g lol-.{ m m - highest Level Property Line h 1 Required Side 4 Jaat goof THE CITY D CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to . commence at 6:30 p.m. on Monday, June 20, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: .Rezoning Request from Darlene Leibold Trust / Tom Rauen, Rauen Pro- perties to rezone property located at 3051 Brunskill Road from R -1 Single - Family Residential Districtto C- 3 General Commercial District Rezoning Request from Dan Wolff to rezone property located at 1987 Washington Street from C -2 Neigh- borhood Shopping Center District to C -4 Downtown Commercial District. Rezoning Request from Jeff & Mindy Stiles to rezone property located at 3087 Central Avenue from R -3 Moderate Density Multi- Family Residential District to R- 4 Multi - Family Residen- tial District. Amend Planned Residential District Request from Tom Kluck, to rezone property located at 2763 University Avenue to amend the Planned Residential District to permit a two -story common building with 3 apartments on the - second story. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and ' may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to fhe City Clerk's Office on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TDY (563). 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl Acting City Clerk 1t 6 /10 STATE OF IOWA {SS: DUBUQUE COUNTY Subscribed to before m this /D■ day of CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 10, 2011, and for which the charge is $24.66. .4A7.4 Notary Public in and for Dubuque County, Iowa, ,20// . Notary Public in and for Dubuque County, Iowa. " ,,� MARY K, WESTERMEYr C milaaien Numbar 154ee: Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Masterpiece on the Mississippi Dubuque '1 11 1' 2007 May 26, 2011 Applicant: Jeff & Mindy Stiles Location: 3087 Central Avenue Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to R -4 Multi - Family Residential District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The Commission Chairperson removed himself from the table to speak to his application. The applicant spoke in favor of the request, reviewing the history of the property, recent improvements, the number of apartments, future planned improvements and a petition in support. Staff reviewed surrounding zoning and land use, receipt of a letter in opposition and a petition in support. Staff reviewed lot area requirements in the R -4 District. There were several public comments in support of the request, citing a need for quality affordable apartments. One person spoke in opposition to the request, citing concerns regarding lack of code compliance, parking and traffic, and submitted a letter in opposition. The Zoning Advisory Commission discussed the request, reviewing the layout of the property, number of units possible given the size of the property, and the number of lots involved in the request. Commissioners asked about the letter of opposition regarding number of units. Staff noted a City inspection has been scheduled based on receipt of this letter. Service People Integrity Responsibility Innovation Teamwork Base Data Provided by Dubuque County GIS Dubuque lam wrmaiaun '1111,' THE COY OF 2007 DUB Masterpiece on the Mississippi Vicinity Map Applicant: Jeff & Mindy Stiles Location: 3087 Central Avenue N Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to R-4 Multi - Family Residential District. Legend Proposed Area to be Rezoned Zoning Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \Stiles Rezoning 05_10_11.mxd REZONING STAFF REPORT Zoning Agenda: June 1, 2011 Property Address: 3087 Central Avenue Property Owner: Jeff & Mindy Stiles Applicant: Jeff & Mindy Stiles Proposed Land Use: Multi - Family Residential Proposed Zoning: R -4 Existing Land Use: Multi - Family Residential Existing Zoning: R -3 Adjacent Land Use: North — Residential East — Mixed - Residential South — Mixed - Residential West - Residential Adjacent Zoning: North — R -3 East — R -3 South — R -3 West — R -1 Former Zoning: 1934 — Multi - Family; 1975 — R -3; 1985 — R -3 Total Area: 14,000 square feet Property History: The property was originally platted circa 1880 as part of the G R West Subdivision. A two -story brick home was built at this location in 1900. The building was subsequently converted to a duplex in 1938 and then converted to a seven -unit building in 1948. Currently, the building is a six -plex. Physical Characteristics: The property is a level 14,000 square foot lot with 120 feet of frontage along Central Avenue with alley access at the rear of the lot. There is a curb cut and driveway access along Central Avenue at the south side of the property. Off - street parking is available in a carport that is located along the rear property line next to the alley. There is approximately 8,400 square feet of green space associated with this lot which equals approximately 57% of the total lot area. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be mixed -use residential. The Comprehensive Plan recommends providing opportunities for affordable mixed housing and also recommends buffering incompatible uses from each other. Rezoning Staff Report — 3087 Central Avenue Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: The Iowa Department of Transportation 2005 Average Daily Traffic Counts indicate 9,600 vehicle trips per day along Central Avenue in front of the subject property and 770 vehicle trips per day across the alley behind the property on Lemon Street. Public Services: Existing public services are adequate to serve the site. Page 2 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 potential development. Adjacent Properties: Expanding the apartment building beyond the current six units should have limited impact on the adjacent residential properties. Adding units will increase the residential density; however, such an expansion should generate very little additional traffic. There is adequate space on the lot to provide the additional off - street parking that will be required if units are added, and there is an abundance of green space needed for recreation and storage area on this property. CIP Investments: None proposed. Staff Analysis: The applicants are proposing to rezone the subject property from R -3 Moderate Density Multi- Family Residential district to R -4 Multi - Family Residential district, to enable them to add an apartment to the current six -piex. This property is located in a mixed -use residential neighborhood that is primarily single - family residential with some two- and three -unit homes in the area. The subject lot is large and flat with driveway access from Central Avenue to the back and access to off - street parking in a car port located along the alley. Rezoning this property should have very limited impact on the overall traffic in the neighborhood and, as additional off- street parking will be required for each new unit, it should have limited impact on the demand for on- street parking. Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: �',� '1 �^ Reviewed: f: \users\kmunson\ wp\boards- commissions\zac\st ff reports\zac staff reports 2011 \3087 central avenue rezoning stf rpt 05_24_11.doc Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider City Clerk Address: City Hall, 50 W. 13 St Telephone: 589 -4121 ORDINANCE NO. -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3087 CENTRAL AVENUE FROM R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT TO R -4 MULTI - FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property fromR -3 Moderate Density Multi - Family Residential to R -4 Multi - Family Residential to wit: Lot 17 and Lot 18 G.R. West's Dubuque Subdivision, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Attest: Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this Kevin S. Firnstahl, Acting City Clerk day of 2011. Lynn V. Sutton, Mayor Pro —Tem Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Jeff & Mindy Stiles 3087 Central Avenue Dubuque IA 52001 RE: City Council Public Hearing — Rezoning Request Dear Applicant: The City Council will consider your request to rezone property located at 3087 Central Avenue at a public hearing on June 20, 2011. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2 Floor, Historic Federal Building (Post Office), 350 W. 6 Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, ' Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, Acting City Clerk Masterpiece on the Mississippi Dubuque AN- Amedcacm 111111 2007 May 26, 2011 Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E TO: Michael Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Kevin Firnstall, Acting City Clerk Barry Lindahl, City Attorney FROM: Laura Carstens, Planning Services Manager ;'-(- SUBJECT: Percentage of Opposition for Proposed Rezoning at 3087 Central Avenue. Planning Services staff has reviewed a petition and letters submitted by adjacent property owners opposed to the rezoning request submitted by Jeff and Mindy Stiles for their property located at 3087 Central Avenue. The request is to rezone the property from R -3 Moderate Density Residential district to R-4 Multi - Family Residential district. The Zoning Advisory Commission approved the rezoning request at their June 1, 2011 meeting. The property in opposition equals 59.8% of the adjacent property within 200 feet of the rezoning. Therefore, it will require a super - majority of the City Council to approve the rezoning request. This memo is provided for your information. MEMORANDUM June 14, 2011 66 \ 3155 / 3087 Central Ave Rezoning i % of Opposition Map 3124 / \ \\ 59.8% Opposition 61 3039 "2 2981 75 Zoning Advisory Commission City Hall, Second Floor 50 West 13 Street Dubuque, IA 52001 Dear Zoning Advisory Commission: 3101 Central Ave. Dubuque, IA 52001 May 25, 2001 The purpose of this letter is to inform you that we (as home - owners, tax - payers and residents of this neighborhood for 49 years) are against a rezoning of 3087 Central Ave., to R -4 Multi - Family Residential District. We respectfully request that the Zoning Commission deny the application. Our reasons for opposing the rezoning are as follows: Re: Proposal to Re -zone 3087 Central IECEHLE MAY 27 2011 CITY OF DL 3UICUE PLANNING SERVICES DEPA:TMENT Applicant in Violation of Zoning Regulations, since Fall of 2010: With 3087 Central currently being zoned as R -3 Moderate Density Multi - Family Residential District dwelling, Applicant is in flagrant violation of zoning regulations - -and has been since Fall of 2010 when he added a 7 residence to the property. R -3 states that a maximum of six (6) dwelling units are permitted - -not seven (7). (As a Zoning Commission member, he undoubtedly was aware of the regulations regarding the property, and therefore aware of what he was doing.) The Commission should give sincere thought to removing him from the Zoning Advisory Commission, for willingly and knowingly violating Zoning Regulations, at the very least. By way of substantiation, on 7/24/10, (prior to Applicant's purchase of the property, when John W & Sally Jo Herrig were listed by Dubuque County as owners of 3087 Central), it was described as a "Six- Family Conversion ", which was in keeping with it's R -3 designation. However, after Applicant's purchase, they subsequently created yet another apartment in the basement, and began renting it out beginning in Fall of 2010. This action brought the total number of residences to seven (7), which is in violation of Zoning District Regulations for R -3 Moderate Density Multi - Family Residential, Section 5 -5.1 which states a maximum of six dwelling units are permitted. We have legitimate concerns that if zoning would be changed to R -4 Multi - Family Residential - -with a permitted use of "three to 12 units per building " - -it would give Applicant permission to create several apartments (residences) in the unattached 960 sq. ft. shed, in addition to dividing apartments inside the residence, leaving the door open to the creation of a slum property. Applicant states that he only has intentions of creating one apartment in the shed, but changing the zoning to R -4 would give him license to add to the size of that outbuilding, and create as many apartments as he wanted, up to a maximum of 12. Insufficient Parking: Due to the large number of current residences in the dwelling at 3087 Central Ave., there is already insufficient parking in the area, causing occasional problems and inconvenience for neighbors, such as blocking private driveways. To add several more vehicles to that number would create an additional hardship and burden on the neighborhood, as well as potential inaccessibility by emergency vehicles, such as Fire Dept. and Ambulance. Hazardous Living Conditions: The unattached structure Applicant stated he wishes to convert into an apartment (or apartments) is not fit for human habitation. It is described by Dubuque County on their Beacon website as a "shed" and was constructed around 1900. Years past, neighbors said it was used as a horse barn, with space for a carriage. Structurally, it was never designed for human habitation - -and therefore does not come close to meeting City Code. It has at least one wall that is leaning drastically inward, which could easily collapse during a storm. That same wall has several badly rotted boards at the bottom, and others farther up from the ground. We feel this shed should be torn down since it is structurally unsound, and should not be made into a residence. Modifications to the shed have already taken place, without public approval by the Zoning Commission. A main entrance door has been "scabbed onto" the west (badly leaning) wall, and it opens directly onto a very busy alley, which is hazardous to any eventual tenant as well as to neighbors and service people who need access to this alley. There are 2 doors on the south wall, which drop 2' to 3' onto a slanted car -port canopy which was built in 1950 and was not designed for human foot traffic. 2 Residential, Section 5 -5.1 which states a maximum of six dwelling units are permitted. We have legitimate concerns that if zoning would be changed to R -4 Multi - Family Residential - -with a permitted use of "three to 12 units per building " - -it would give Applicant permission to create several apartments (residences) in the unattached 960 sq. ft. shed, in addition to dividing apartments inside the residence, leaving the door open to the creation of a slum property. Applicant states that he only has intentions of creating one apartment in the shed, but changing the zoning to R -4 would give him license to add to the size of that outbuilding, and create as many apartments as he wanted, up to a maximum of 12. Insufficient Parking: Due to the large number of current residences in the dwelling at 3087 Central Ave., there is already insufficient parking in the area, causing occasional problems and inconvenience for neighbors, such as blocking private driveways. To add several more vehicles to that number would create an additional hardship and burden on the neighborhood, as well as potential inaccessibility by emergency vehicles, such as Fire Dept. and Ambulance. Hazardous Living Conditions: The unattached structure Applicant stated he wishes to convert into an apartment (or apartments) is not fit for human habitation. It is described by Dubuque County on their Beacon website as a "shed" and was constructed around 1900. Years past, neighbors said it was used as a horse barn, with space for a carriage. Structurally, it was never designed for human habitation - -and therefore does not come close to meeting City Code. It has at least one wall that is leaning drastically inward, which could easily collapse during a storm. That same wall has several badly rotted boards at the bottom, and others farther up from the ground. We feel this shed should be torn down since it is structurally unsound, and should not be made into a residence. Modifications to the shed have already taken place, without public approval by the Zoning Commission. A main entrance door has been "scabbed onto" the west (badly leaning) wall, and it opens directly onto a very busy alley, which is hazardous to any eventual tenant as well as to neighbors and service people who need access to this alley. There are 2 doors on the south wall, which drop 2' to 3' onto a slanted car -port canopy which was built in 1950 and was not designed for human foot traffic. 2 Lowering of Neighborhood Property Values: An additional neighborhood concern is that Applicants do not screen tenants, and have no regard for the type of people they are renting to. There have been 2 nighttime police calls to their other rental property across the street (3108 Central Ave.), within 3 days, during the week of May 15, 2011. During the second disturbance, 6 police cars responded to the call, which would indicate a serious problem. They also brought the drug dog. This type of criminal activity has a negative effect on neighborhood property values. There are sites on the internet where prospective tenants can be screened as to criminal backgrounds, in both the City and the State, if a Landlord desires. This precaution is not being taken, as evidenced by known law- breakers residing in Applicants' rental property across the street. Setting a Precedent: If the Zoning Advisory Commission were to approve Applicants request for rezoning of 3087 Central Avenue, it would set a precedent for other property owners in the future to also seek rezoning of their property to R -4, turning this neighborhood into a slum and making it a more dangerous place to live. It is for these above reasons and concerns that we respectfully request that the Zoning Advisory Commission deny the request of Applicants (Jeff & Mindy Stiles) to rezone 3087 Central Avenue from R -3 Moderate Density Multi - Family Residential District to R -4 Multi- Family Residential District. We also trust that all proprieties will be met at the June 1 public hearing, in that Applicant (Jeff Stiles) not be allowed to sit at the table with other members of the Zoning Advisory Commission at the time this issue is brought up for public hearing, and that he is denied a vote on the proposal, due to conflict of interest. Thank you for your careful consideration of this matter. Respectfully submitted, Ery Auderer '' " Linda Auderer 3 3087 Central Avenue Rezoning (Opposition) Petition TO: Dubuque City Council We, the undersigned owners of property located within 200 feet of 3087 Central Avenue, and affected by the requested zoning change from R -3 to R -4, do hereby oppose petitioners Jeff & Mindy Stiles request for rezoning the property, for the below reasons. We oppose the zoning change for reasons of safety. Increased traffic generated by additional residences with additional vehicles in the already -busy alley could be hazardous to the small children who play in the alley, and to landowners who need access to their driveways and property through this alley. There have already been problems and/or inconvenience caused by workmen and tenants blocking the alley. We oppose the petitioner's request because there currently are on- street parking problems, and to add more residences and vehicles would create additional hardship. We also oppose petitioners' zoning change request because of poor maintenance on the existing property - -such as peeling paint, and burst drainpipe(s). When such a large house gets run -down, it can have a negative effect on neighbors' property values. We oppose the rezoning request because the Stiles have radically altered their original verbal intent of adding only one (1) residence in the storage shed behind their house. On June 1, 2011, at the Zoning Advisory Commission meeting, petitioner Jeff Stiles announced his intent to add at least three (3) more apartments to the property in the next few years, and his long -range plan to add even more residences. R -4 zoning allows for up to 12 residences per structure on the property. This is a residential neighborhood of primarily R -1 and R -2 properties, and neighbors would like to see it remain that way. We also oppose the rezoning request because adding residences to the property will increase noise and clutter proportionately, which will also have a negative effect on property values in the area. Signature Printed Name K ,"(' a el 4 P\ CC) / ( I . A 5 .3c) 1 Address '@nbrigna eowo s.>;.: A10 LI :Z Wd +11 paw IL 03A130A8 RECEIVED 11 JUN 13 Ali 10: 23 DATE: June 13, 2011 City Clerk s Office Dubuque, IA PUBLIC REQUEST TO PUT AN ITEM ON THE CITY COUNCIL AGENDA DELIVER TO: Kevin Firnstahl, Acting City Clerk Dubuque City Hall 13 & Central Avenue Dubuque, IA 52001 DATE TO SPEAK: June 20, 2011 NAME: Michael Brennan STREET ADDRESS: 3135 Central Avenue PHONE NUMBER: (563) 582 -2640 or (563) 599 -5243 Brief description of topic to be discussed: An Opposition Petition, bearing signatures of 18 owners of property within 200 feet of 3087 Central Avenue has been presented to the City Clerk on June 13, 2011. These property owners oppose the rezoning Petition of Jeff & Mindy Stiles for 3087 Central Avenue, from R -3 to R -4, for the reasons cited in the Opposition Petition. We request to have the Opposition Petition brought before the City Council at their June 20, 2011 Council Meeting, and request to address the City Council regarding the proposed rezoning of 3087 Central Avenue at the June 20 Meeting. /1/4 A ., e , MICHAEL BRENNAN 3087 Central Avenue Rezoning (Opposition) Petition TO: Dubuque City Council We, the undersigned owners of property located within 200 feet of 3087 Central Avenue, and affected by the requested zoning change from R -3 to R -4, do hereby oppose petitioners Jeff & Mindy Stiles request for rezoning the property, for the below reasons. We oppose the zoning change for reasons of safety. Increased traffic generated by additional residences with additional vehicles in the already -busy alley could be hazardous to the small children who play in the alley, and to landowners who need access to their driveways and property through this alley. There have already been problems and/or inconvenience caused by workmen and tenants blocking the alley. We oppose the petitioner's request because there currently are on- street parking problems, and to add more residences and vehicles would create additional hardship. We also oppose petitioners' zoning change request because of poor maintenance on the existing property- -such as peeling pain( and burst drainpipe(s). When such a large house gets run -down, it can have a negative effect on neighbors' property values. We oppose the rezoning request because the Stiles have radically altered their original verbal intent of adding only one (1) residence in the storage shed behind their house. On June 1, 2011, at the Zoning Advisory Commission meeting, petitioner Jeff Stiles announced his intent to add at least three (3) more apartments to the property in the next few years, and his long -range plan to add even more residences. R -4 zoning allows for up to 12 residences per structure on the property. This is a residential neighborhood of primarily R -1 and R -2 properties, and neighbors would like to see it remain that way. We also oppose the rezoning request because adding residences to the property will increase noise and clutter proportionately, which will also have a negative effect on property values in the area. Signature Printed Name cl-W°1-- ""'a �-ry - Lj Coq /44 Q�rt V 1 Address /S ��ajiUP Ccf Signature Printed Name Address tp,c otV -- ;- - ).... et• - ' RD) —. Tnr ye r _,PC,, 2v-2ne TA 1(1 rs is/irro c;i tit toi gd-Lk, ,-( et „1---sii royi -6 PO601(1 lis 3 i t r Cerncm St (16/11 1 Jr/ i qy ( i,J,/( _3 7/ {/ 6,9 /0 a IOL omo Act e, kTnIRne. I _ct ccm Ic3,r) 0 0 e) , - 4 `a Lem e 111 Ltitri9 2 e 6 7 I 1 tra A4 es I , `a r A/ 6 A e_311;rley7,-/11ePe}^646"11— g), 6 - 7 t-/C)1 IL ,i:_ereez WLe f ie-y,-z.crkA Afk g 3//// te/M/Y - / - iTZA L /1/4'r 'M'Ae 3,35- eARy B L t-CJ s 0 410 /*is) 0 3030 ce,vqrideuiw) ' *-z_c 30 k-k tick Contact Name: Cce Phone Number: S6s. 3 54-2 Suzanne M. Morales 3087 Central Avenue Castleview Manor Jeff and Mindy Stiles 1. 2. 3. 4. 5. 6: 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3087 Central Avenue Rezoning Petition As neighbors of Jeff & Mindy Stiles in the northernmost two blocks of Central Avenue, we are very happy that this family has been working hard to improve our neighborhood and we support their request to rezone their property at 3087 Central Avenue from R -3 to R -4 to allow an additional apartment in the carriage house behind their home. Name 't\ \k'Q kid Address hie 1 embn cxc.Jil6 / 3 //y 7,64w,/ A)6./Aer 31/6 4Je PEA Jo ( _3lc) . .� Phone IL ,f' • 4 5 an 362 s st,3 S 9c -53g -- ze 3 S &5 kt .51-i73L/ S co 3 (963-691 6103 s O - c4i. ? 300) C /tAL gra d (', L)( t fi P 577 33 L D E CITY OF DUBUQUE PLANAING SEn41i, -3 DEi rus.':MENT LL/v oa,t, ‘hi1/4/ 3og 7 ee,,,,tpzej avemAxit, 4ania RECEIVED 11 JUN ill AM Io: 01 City Clerk's Office Dubuque, IA Al,,,t601 .41,„if- •Sk .veli124 c„,„/ /)taLiJ dei 0-://g/z /14 ) -du inwim14422 . 3-/E4`eVi ilrMCE JLJ ,t4r antLeil .t . 0144 icui tin/ j .:1) 1 2tz. 01. ,tA . et0 ori cL A j cm() kia , hotten4 , 4) 0 v(4a ortif—pulavA -44 0144 df-Pcd cieUra ,t4ib icA.-e ,LIttit .4? 7444~4i) ,v,id.a.p‘,X 4 /Y .A 04 ct 0 4A- crif ot)01141e, Ant aJ o-dvt , air me,tilze. •-Le ,..taAA14) Ceryuifoih-ny (4. 0114 IL "e' -i-j2,4= ittA4 laaeit -./A L'G'g 3087 Central Avenue Rezoning Petition As neighbors of Jeff & Mindy Stiles in the northernmost two blocks of Central Avenue, we are very happy that this family has been working hard to improve our neighborhood and we support their request to 777- their property at 3087 Central Avenue from R - 3 to R - 4 to allow a dditional apartment in the carriage house behind their home. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. N.m Address Phone 30(an Qo rc \)Q 5 q %3O to lei 3C) < (i Iro l fc I g l ! - m . DJ CU ( -, 0 (D �r C m C7 Masterpiece on the Mississippi Dubuque kstral M A nc�cacnr hli II? 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Inspection Regarding Number of Dwelling Units at 3087 Central Avenue DATE: June 16, 2011 This memorandum provides information concerning an inspection regarding the number of dwelling units at 3087 Central Avenue in response to a complaint. This property is scheduled for a rezoning public hearing at the City Council meeting on June 20, 2011. In the transmittal letter from the Zoning Advisory Commission for this rezoning case, Chairperson Pro -Tem Stephen Hardie states: "One person spoke in opposition to the request, citing concerns regarding lack of code compliance, parking and traffic, and submitted a letter in opposition." Mr. Hardie then notes that: "Commissioners asked about the letter of opposition regarding number of units. Staff noted a City inspection has been scheduled based on receipt of this letter." The inspection has been conducted, and the results are described in the attached memorandum dated June 16, 2011 from Planning Services Manager Laura Carstens. MCVM:Ic Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Michael C. Van Milligen Masterpiece on the Mississippi Dubuque krfrIti All- America City 1 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Inspection Regarding Number of Dwelling Units at 3087 Central Avenue DATE: June 16, 2011 Introduction This memorandum provides information concerning an inspection regarding the number of dwelling units at 3087 Central Avenue in response to the enclosed complaint. This property is the subject of a rezoning public hearing scheduled before the City Council on June 20, 2011. The complaint is part of the City Council record for this case. Background The property is zoned R -3 Moderate Density Multifamily Residential. R -3 zoning allows a maximum of 6 units. The property owner, Jeff Stiles, has requested rezoning to R -4 Multifamily Residential to allow the creation of additional units. R -4 zoning allows 3 to 12 units per building. If R -4 rezoning is approved, the property is limited to a maximum of 7 units based on lot area requirements of the Unified Development Code (UDC). Number of Units The Planning Services Department received the enclosed written complaint addressed to the Zoning Advisory Commission from Ery and Linda Auderer who reside at 3101 Central Avenue. The complaint was that: "With 3087 Central currently being zoned as R -3 Moderate Density Multifamily Residential dwelling, Applicant is in flagrant violation of zoning regulations -- and has been since Fall of 2010 when he added a 7th residence to the property." The Commission received and filed the letter at their June 1, 2011 public hearing on the R -4 rezoning request, and asked about the number of units. Staff noted that an inspection had been scheduled in response to the complaint. On June 8, 2011, Joe Kirk, Housing Inspector, Mike Sievers, Building Inspector, and Sue Brennan, Zoning Enforcement Officer, inspected the property at 3087 Central Avenue for the number of units. Inspection revealed there is 1 dwelling unit on first floor which the Stiles family occupies, 3 rental units on the second floor, 2 rental units on the third floor, and 1 rental unit in the basement. This is a total of 7 dwelling units. Inspection Regarding Number of Dwelling Units at 3087 Central Avenue Page 2 Non - Conforminq Use Status Mr. Stiles informed the Planning Services Department on June 6, 2011 that he purchased the property in the summer of 2010, and then vacated the northern apartment on the first floor and combined it with the southern apartment on the first floor as a residence for his family. He also stated that he created a dwelling unit in the basement in the summer of 2010. He also requested an opinion from the City Legal Department as to the "grandfather ", or legal non - conforming, status of 7 units. The City Attorney's Office provided the enclosed opinion on June 7, 2011 re: the non- conforming use status of the dwelling units in the property. The non - conforming section of the UDC, Section 16- 4 -5(B), provides that a non - conforming use may be extended throughout any parts of the structure in which it is located provided the structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of the UDC (November 20, 2009). This opinion was provided to Mr. Stiles on June 7, 2011. Since the apartment in the basement was established after the adoption of the UDC, and the basement was not manifestly arranged or designed for such use at the time, it is Staff's opinion that the basement apartment does not comply with this UDC provision. Conclusion R -3 zoning allows a maximum of 6 units, but the property at 3087 Central Avenue has 7 units. The basement unit at 3087 Central Avenue is not in compliance with the UDC, and is not "grandfathered" in Staff's opinion. R -4 zoning would allow up to 7 dwelling units at this property, and additional paved off - street parking may be required. Based on the June 8, 2011 inspection, Building Inspector Mike Sievers has determined that none of the required building permits for the conversion of the two first floor apartments to a single residence and creation of the basement apartment were obtained, no inspections were ever called for or performed on any of this work. Therefore, it is Staff's opinion that the basement unit installation is not in compliance with the Building Code. As noted during the June 8, 2011 inspection, Mr. Stiles had a rental license for 5 units, but had 6 rental units. Mr. Stiles subsequently has obtained a rental license for 6 units. Enclosures cc: Barry Lindahl, City Attorney Tim O'Brien, Assistant City Attorney Susan Brennan, Zoning Enforcement Officer Rich Russell, Building Services Manager Michael Sievers, Building Inspector David Harris, Housing & Community Development Director Joe Kirk, Housing Inspector F:\ USERS \LCARSTEN\WP\ZONING \3087 central DUs Memo MVM.doc Zoning Advisory Commission City Hall, Second Floor 50 West 13 Street Dubuque, IA 52001 Dear Zoning Advisory Commission: 3101 Central Ave. Dubuque, IA 52001 May 25, 2001 Re: Proposal to Re -zone 3087 Central The purpose of this letter is to inform you that we (as home - owners, tax - payers and residents of this neighborhood for 49 years) are against a rezoning of 3087 Central Ave., to R -4 Multi - Family Residential District. We respectfully request that the Zoning Commission deny the application. Our reasons for opposing the rezoning are as follows: AWE MAY 27 2011 J CITY OF CU LIQUE PLANNIr,!G SERVICES DEPA Applicant in Violation of Zoning Regulations, since Fall of 2010: With 3087 Central currently being zoned as R -3 Moderate Density Multi- Family Residential District dwelling, Applicant is in flagrant violation of zoning regulations - -and has been since Fall of 2010 when he added a 7 residence to the property. R -3 states that a maximum of six (6) dwelling units are permitted - -not seven (7). (As a Zoning Commission member, he undoubtedly was aware of the regulations regarding the property, and therefore aware of what he was doing.) The Commission should give sincere thought to removing him from the Zoning Advisory Commission, for willingly and knowingly violating Zoning Regulations, at the very least. By way of substantiation, on 7/24/10, (prior to Applicant's purchase of the property, when John W & Sally Jo Herrig were listed by Dubuque County as owners of 3087 Central), it was described as a "Six- Family Conversion ", which was in keeping with it's R -3 designation. However, after Applicant's purchase, they subsequently created yet another apartment in the basement, and began renting it out beginning in Fall of 2010. This action brought the total number of residences to seven (7), which is in violation of Zoning District Regulations for R -3 Moderate Density Multi - Family Residential, Section 5 -5.1 which states a maximum of six dwelling units are permitted. We have legitimate concerns that if zoning would be changed to R -4 Multi - Family Residential - -with a permitted use of "three to 12 units per building " - -it would give Applicant permission to create several apartments (residences) in the unattached 960 sq. ft. shed, in addition to dividing apartments inside the residence, leaving the door open to the creation of a slum property. Applicant states that he only has intentions of creating one apartment in the shed, but changing the zoning to R -4 would give him license to add to the size of that outbuilding, and create as many apartments as he wanted, up to a maximum of 12. Insufficient Parking: Due to the large number of current residences in the dwelling at 3087 Central Ave., there is already insufficient parking in the area, causing occasional problems and inconvenience for neighbors, such as blocking private driveways. To add several more vehicles to that number would create an additional hardship and burden on the neighborhood, as well as potential inaccessibility by emergency vehicles, such as Fire Dept. and Ambulance. Hazardous Living Conditions: The unattached structure Applicant stated he wishes to convert into an apartment (or apartments) is not fit for human habitation. It is described by Dubuque County on their Beacon website as a "shed" and was constructed around 1900. Years past, neighbors said it was used as a horse barn, with space for a carriage. Structurally, it was never designed for human habitation - -and therefore does not come close to meeting City Code. It has at least one wall that is leaning drastically inward, which could easily collapse during a storm. That same wall has several badly rotted boards at the bottom, and others farther up from the ground. We feel this shed should be torn down since it is structurally unsound, and should not be made into a residence. Modifications to the shed have already taken place, without public approval by the Zoning Commission. A main entrance door has been "scabbed onto" the west (badly leaning) wall, and it opens directly onto a very busy alley, which is hazardous to any eventual tenant as well as to neighbors and service people who need access to this alley. There are 2 doors on the south wall, which drop 2' to 3' onto a slanted car -port canopy which was built in 1950 and was not designed for human foot traffic. 2 Lowering of Neighborhood Property Values: An additional neighborhood concern is that Applicants do not screen tenants, and have no regard for the type of people they are renting to. There have been 2 nighttime police calls to their other rental property across the street (3108 Central Ave.), within 3 days, during the week of May 15, 2011. During the second disturbance, 6 police cars responded to the call, which would indicate a serious problem. They also brought the drug dog. This type of criminal activity has a negative effect on neighborhood property values. There are sites on the internet where prospective tenants can be screened as to criminal backgrounds, in both the City and the State, if a Landlord desires. This precaution is not being taken, as evidenced by known law- breakers residing in Applicants' rental property across the street. Setting a Precedent: If the Zoning Advisory Commission were to approve Applicants request for rezoning of 3087 Central Avenue, it would set a precedent for other property owners in the future to also seek rezoning of their property to R -4, turning this neighborhood into a slum and making it a more dangerous place to live. It is for these above reasons and concerns that we respectfully request that the Zoning Advisory Commission deny the request of Applicants (Jeff & Mindy Stiles) to rezone 3087 Central Avenue from R -3 Moderate Density Multi - Family Residential District to R-4 Multi - Family Residential District. We also trust that all proprieties will be met at the June 1 public hearing, in that Applicant (Jeff Stiles) not be allowed to sit at the table with other members of the Zoning Advisory Commission at the time this issue is brought up for public hearing, and that he is denied a vote on the proposal, due to conflict of interest. Thank you for your careful consideration of this matter. Respectfully submitted, Ery Auderer `— Linda Auderer 3 Masterpiece on the Mississippi JAMES (TIM) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: Guy Hemenway Assistant Planner MEMORANDUM DATE: June 7, 2011 RE: 3087 Central Avenue — Non - conforming Use Guy: I have reviewed your email of June 6, 2011 regarding 3087 Central Avenue and the non - conforming status of the seven apartments in the structure. It is my understanding that in addition to the principal structure there is also a carriage house on the property which has apparently never been legally occupied for residential use. Upon reviewing the non - conformities chapter of the UDC it appears to me that this is a question of non - conforming use and does not involve the issues of a non - conforming lot or a non - conforming structure. As such, Section 16- 4 -5(A) provides that a non- conforming use may not be moved or relocated in whole or in part to any other portion of the zoning lot. This would preclude relocation of any of the non - conforming apartments to the carriage house. Section 16- 4 -5(B) provides that a non - conforming use may be extended throughout any parts of the structure in which it is located provided the structure or parts thereof were manifestly arranged or designed for such use at the time of the adoption of this code. If the apartment in the basement was established after the adoption of the UDC (November 20, 2009), it would be a violation of this provision. If the apartment was established prior to the adoption of the UDC it would be governed by the previous zoning ordinance and would require further analysis to determine its legality. If you need any further information, please feel free to contact me. JAO:tls F : \USERS\tsteckle \O'Brien\Memos\ Hemenway_ 3087CentralAveNonConformingUse _060711.doc Masterpiece on the Mississippi June 16, 2011 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager SUBJECT: 3087 Central — Stiles Apartment Building -- REVISED cc: Mike Sievers, Inspector II Laura Carstens, City Planner Dubuque All- America City 2007 The Building Services Department has the following issues with Mr. Stiles' project: 1. N/A No permit was taken out to combine 2 first floor units into the Stiles' living quarters. No inspections were done at the time. 2. No permit was taken out for the conversion of the basement into one rental unit. No inspections were done at the time. 3. Currently, there are seven units; one in the basement, one on first floor, three on second floor and two on third floor. Mr. Stiles was apparently not counting his living unit in the total number of units. Adding the carriage house unit will bring the total to eight units. 4. The rental license RL050765 dated 3/9/2005 shows a total of seven units. Items 1 and 2 above would have kept this number at 7. It would have been six after the conversion of the first floor into one unit. Adding the basement unit would have brought the total back to seven. Our enforcement will be as follows: 1. N/A The permit fee will be doubled for the remodel of first floor. Inspections will be required. 2. The permit fee for the remodel of the basement will be doubled. Inspections will be required. A notice of violation will be issued. 3 & 4. If the zoning is not approved, the total number of units would need to be brought down to six. Cindy Steinhauser - 3087 central Page 1 of 1 From: David Harris To: Carstens, Laura; Steinhauser, Cindy Date: 6/20/2011 2:44 PM Subject: 3087 central CC: Kirk, Joe; Russell, Rich another clarification on the rental licensing: jeff bought the property from art nagle, who had licensed it as a 6 unit. the license transferred as a 6 unit to jell at annual renewal time, jeff informed us the property was now a 5 unit, as he was living in one of the units; that's how we then licensed it. in June when this issue became public, tami then contacted jeff and told him he had to license the building for the additional unit, or a total of 6 units. we had no knowledge that this had in fact been converted to a 7 unit building file: / /C: \Documents and Settings \csteinha \Local Settings \Temp \XPgrpwise \4DFF645DDB... 6/20/2011 (6/20/2011) Kevin Firnstahl - Fwd: Stiles rezoning: Request to table to 7/5/11 Page 1 From: To: Date: Subject: Attachments: Mike, Cindy, and Kevin, Please see forwarded email from Jeff Stiles. He plans to ask the City Council at tonight's meeting to table his R -4 rezoning request to July 5, 2011, to allow time for resolving his recollections and the City's permit records and inspections for his property at 3087 Central Avenue. Laura Kevin Firnstahl - Stiles rezoning From: roaringlamb. mac@ mac .com <roaringlamb.mac @mac.com> To: Laura Carstens <Lcarsten @cityofdubuque.org> Date: 6/20/2011 2:31 PM Subject: Stiles rezoning Laura, Page 1 of 1 Laura Carstens Cindy Steinhauser; Kevin Firnstahl; Mike Van Milligen 6/20/2011 2:41 PM Fwd: Stiles rezoning: Request to table to 7/5/11 Stiles rezoning Based in the need to sort out recollections of the Building Inspector with my own, I plan to request a tabling of our zoning proposal to the Council's 7/5/11 meeting. Thanks, Jeff Sent from my U.S. Cellular Android device Kevin Firnstahl - 3087 Central Re- zoning From: Rich Russell To: dresnick @cityofdubuque.org; jconnors @cityofdubuque.org; kbraig @cityofd... Date: 6/18/2011 10:26 AM Subject: 3087 Central Re- zoning CC: Carstens, Laura; Firnstahl, Kevin; Harris, David; Lindahl, Barry; St... Attachments: 3087 Central Avenue.doc Page 1 of 1 Mayor, Council, et al: Please find attached a copy of my summary of building permits and inspections for the address listed above (as it relates to the re- zoning). City Manager Mike Van Milligen wanted to ensure that all of you had this prior to the meeting. Thanks, Rich Rich Russell, AICP Building Services Manager City of Dubuque 50 West 13th Street Dubuque, IA 52002 -2686 Phone: 563 589 -4152 Fax: 563 690 -6687 Cell: 563 599 -1576 E -Mail: rrussell @cityofdubuque.orq Website: http:// www. cityofdubuque .orq /buildinaservices file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4DFC7D5CDB... 6/20/2011 THE CITY OF Dui Masterpiece on the Mississippi June 16, 2011 TO: Michael C. Van Milligen, City Manager FROM: Rich Russell, Building Services Manager SUBJECT: 3087 Central — Stiles Apartment Building Dubuque hitel AII- America City hill 1 m 2007 The Building Services Department has the following issues with Mr. Stiles' project: 1. No permit was taken out to combine 2 first floor units into the Stiles' living quarters. No inspections were done at the time. 2. No permit was taken out for the conversion of the basement into one rental unit. No inspections were done at the time. 3. Currently, there are seven units; one in the basement, one on first floor, three on second floor and two on third floor. Mr. Stiles was apparently not counting his living unit in the total number of units. Adding the carriage house unit will bring the total to eight units. 4. The rental license RL050765 dated 3/9/2005 shows a total of seven units. Items 1 and 2 above would have kept this number at 7. It would have been six after the conversion of the first floor into one unit. Adding the basement unit would have brought the total back to seven. Our enforcement will be as follows: 1. The permit fee will be doubled for the remodel of first floor. Inspections will be required. 2. The permit fee for the remodel of the basement will be doubled. Inspections will be required. A notice of violation will be issued. 3 & 4. If the zoning is not approved, the total number of units would need to be brought down to six. cc: Mike Sievers, Inspector II Laura Carstens, City Planner (6/20/2011) Kevin Firnstahl - Fwd: Stiles rezoning Page 1 From: To: Date: Subject: Attachments: Laura Carstens Planning Services Manager City Hall - 50 W. 13th Street Dubuque IA 52001 Phone: 563 - 589 -4210 Fax: 563 - 589 -4221 Laura Carstens Cindy Steinhauser; Kevin Firnstahl; Mike Van Milligen 6/20/2011 9:30 AM Fwd: Stiles rezoning Fwd: Stiles rezoning All, Enclosed is a letter of support for the R -4 rezoning of 3087 Central Avenue. FYI -- The letter incorrectly indicates that the property is on the National Register of Historic Places. It is not listed. Laura Kevin Firnstahl - Fwd: Stiles rezoning From: jeff stiles <roaringlamb.mac @mac.com> To: Laura Carstens <lcarsten @cityofdubuque.org> Date: 6/18/2011 11:48 AM Subject: Fwd: Stiles rezoning CC: Mindy Stiles <mindy.stiles @gmail.com >, Guy Hemenway <Ghemenwa @cityofdubu... Laura, Please note the letter below from Realtor Gwen Kosel, a member of the Old House Enthusiasts in Dubuque who is very familiar with our property here at 3087 Central, in support of our project. Thanks, Jeff jeff stiles DJ TIMES Magazine www.djtimes.com djtimeswriter @mac.com 563 -590 -1367 Begin forwarded message: From: getmoving Date: June 18, 2011 10:36:15 AM CDT To: roaringlamb mac <roaringlamb.mac mac.com> Subject: Re: Stiles rezoning Dear Mayor and City Council, I would love to be at the meeting to support this topic. However, I am out of town on family business. Please take these statements into consideration as you consider the Stiles rezoning. I think what Jeff Stiles is doing to restore his building is an asset to Dubuque and that area of our community. I totally support his rezoning this home from R3 to a R4. Making this building have a better income for when the homeowners desires sell is an asset to everyone. Currently homes on a busy street like Central can take longer to sell lowering the market values for everyone in the area. Increasing the income will vastly aid in the resale of this Page 1 of 2 file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4DFF1327DBQ... 6/20/2011 property. It will also increase the chance if they choose sell it it would be to someone else that would desire to live in the property. We all know that ownership is good for our community and that goes for owner- occupied as well. I think that the neighborhood is fortunate that the Stiles family desires to live, work and play in that home for many years to come. Restoring a home is an expensive proposition. The neighbors should know that the homes placed on the National Register requires the owner to have guidelines of restoration. With those guidelines in place that will make the home owners of a owner occupied historic building naturally have a great screening process on who will get to live in this building. I believe that we need more people to save and restore all of our Dubuque neighborhoods. That we need to continue to send the message that we are encouraging ownership to people that are willing to take on our buildings and homes to restore and live in. Gwen Kosel "Get Moving with Gwen!" REALTOR - Re/Max Advantage getmoving a,mchsi.com GetMovingDBO.com 563 -590 -6577 Page 2 of 2 file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4DFF1327DBQ... 6/20/2011 7ff JUN 2 0 2011 CITY OF DUBUQUE P , NNING S' R CES DEPA1JMENT ro /G rY v lj�J �-�- ,et, % =s1 -. 1).u1 :! 4 r; J . \r f 1 i 1 ILA 1/4 ki-d-ev 77 7 Aid ors 7V 7 qa�Z, ( Zr (6/20/2011) Kevin Firnstahl - Fwd: Stiles Permits Page 1 From: To: CC: Date: Subject: Attachments: Mike, Cindy, et. al., Laura Carstens Cindy Steinhauser; David Harris; Kevin Firnstahl; Mike Van Milligen; ... Guy Hemenway; Joe Kirk; Michael Sievers; Sue Brennan 6/20/2011 10:23 AM Fwd: Stiles Permits Stiles Permits Enclosed are copies of the City permits that Jeff Stiles brought in to the Planning Services Department this morning. The building permits are consistent with the list previously provided to me by Building Inspector Mike Sievers, and do not cover the basement apartment or interior remodeling on first floor ro combine 2 apartments in to the Stiles family residence. The rental licenses also are consistent with my inspection report. The unit was licensed for 5 rental units in 2010, and for 6 rental units in 2011. Laura Laura Carstens Planning Services Manager City Hall - 50 W. 13th Street Dubuque IA 52001 Phone: 563 - 589 -4210 Fax: 563 - 589 -4221 Ivltwterpicce On the Mississippi JOB ADDRESS: LEGAL DESCRIPTION: OWNER: ADDRESS: BUILDING CONTRACTOR: ADDRESS: REGISTRATION NUMBER: ARCHITECT: ADDRESS: APPLICANT: CLASS OF WORK: PRESENT USE OF BUILDING: PROPOSED USES: CONSTRUCTION TYPE: NO. OF DWELLING UNITS: SIZE OF BUILDING (SF): ZONING DISTRICT: W.ORI< DESCRIPTION: VALUE OF WORK: SPECIAL CONDITIONS: PHONE: STATE LIC. NO: PERMIT FEES: INVESTIGATION FEE CHARGED? BASE PERMIT FEE: $7L25 ISSUANCE FEE: $5.00 CREDITS (PRIOR PERMITS): $0.00 PLAN REVIEW: 80.00 PLAN REVISIONS: $0.00 SPECIAL APPROVALS:. Dubuque AU- America My 2007 CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION 3087 CENTRAL AVE DBQ LOT 18, G. R. WESTS ADD. JEFF STILES , , PHONE: SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) , , PHONE: JEFF STILES Commercial Alteration R, Residential CHANGE OF USE: , ; , ; , OPTIONAL INFORMATION ALT , Alterations NO. OF STORIES: 0 BASEMENT? 1 AUTOMATIC EX JINGUISING SYSTEM? 0 R -3, Mod Density Multi- Family Framing in breezway for apartment complex. THIS PERMIT: $2,000.00 TOTAL CONSTRUCTION VALUE: $2,000.00 TOTAL FEES CHARGED: .TOTAL PAYMENTS: BALANCE DUE: $71.25 $71:25 $0.00 PERMIT NUMBER: B11 -1076 ISSUE DATE: 05/26/2011 ISSUED BY: jn NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT DOES NOT COVER ANY WORK IN THE RIGHT-OF-WAY. CONTACT THE CITY OF DUBUQUE ENGINEERING DEPARTMENT FOR THOSE PERMITS. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMPLETED WITHIN 1 YEAR FOR RESIDENTIAL PROJECTS AND 2 YEARS FOR COMMERCIAL PROJECTS. CONCRETE WASHOUT WITHIN THE STORMWATER SYSTEM, INCLUDING STREETS, IS A VIOLATION OF CITY CODE. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OFA PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) Masterpiece on the Mississippi Dubuque kerld A MI IcIClb 2007 JOB ADDRESS: LEGAL DESCIPTION: OWNER: ADDRESS: ELECTRICAL CONTRACTOR: ADDRESS: REGISTRATION NUMBER: APPLICANT ARCHITECT: ADDRESS; USE OF BUILDING: CLASS OF WORK: WORK DESCRIPTION: SPECIAL CONDITIONS: PERMIT FEES: HABITABLE SQ FT: SWIMMING POOL /SPA: TEMP LIGHTING SYSTEM: RECPT /SWITCH/ OUTLET: LIGHTING FDCTURES: POLE /PLATFORM FIX: FIXED APPLIANCES: INVESTIGATION FEE CHARGED? Building Services Department 50 West 13th Street Dubuque, Iowa 52001 -4805 Office (563) 589 -4150 Fax (563) 690-6687 Cell (563) 599 -1579 TTY (563) 690 -6678 cfirzlaf@cityofdubuque.org Corey J. Firzlaff Electrical Inspector 0 0 0 20 5 0 0 SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) 5 F DUBUQUE, IOWA TRICAL PERMIT APPLICATION 3087 CENTRAL AVE DBQ LOT 18, G. R. WESTS ADD. JEFF STILES 3087 CENTRAL AVE DUBUQUE IA, , 52001 -0000 PHONE: PHONE: STATE LIC. NO: JEFF STILES • , , PHONE: R, Residential ALT, Alterations Adding and replacing outlets switches and lights for carriage house apartment. 80.00 $0.00 • $0.00 $14.00 $3.50 $0.00 $0.00 POWER APPARATUS RATING:UP TO AND INC 1: OVER 1 &NOT OVER 10: OVER 10 & NOT OVER 20: OVER 20 & NOT OVER 30 OVER 30: SERVICES AND SUBPANELS TO 100 AMPS: OVER 100 & UP TO 400 AMPS: OVER 400 & UP TO 600 AMPS: OVER 600 & OF TO 1000 AMPS: OVER 1000 AMPS: MISC APPARATUS: PERMIT NUMBER: E11 -0158 0 0 0 0 0 O $0.00 0 $0.00 O $0.00 O $0.00 0 $0.00 O $0.00 • BASE PERMIT FEE ($7.50 MIN): $17.50 ISSUANCE FEE: $10.00 CREDITS (PRIOR PERMITS): $27.50 TOTAL PERMIT FEE: $0.00 PAYMENTS: $0.00 BALANCE: $0.0,0 ISSUE DATE: ISSUED BY: jn $0.00 $0.00 $0.00 $0.00 $0.00 NOTICE SEPERATE PERMITS ARE REQUIRED FOR MECHANICAL, BUILDING, AND PLUMBING. THIS PERMIT BECOME NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. . I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF ' LAWS AND ORDINANCES GOVENING THIS TYPE OF WORK WILL BE COMPI tPS) WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) JOB ADDRESS: LEGAL DESCRIPTION: OWNER: ADDRESS: PLUMBING CONTRACTOR; ADDRESS: REGISTRATION NUMBER: APPLICANT: EXCAVATOR: ADDRESS: USE OF BUILDING: CLASS OP WORK WORK DESCRIPTION: SPECIAL CONDITIONS: PERMIT FEES: WATER CLOSET (TOILET) BATHTUB LAVATORIES (WASHBASINS) KITCHEN SINKS GARBAGE DISPOSALS DISHWASHERS LAUNDRY TRAYS CLOTHES WASHERS URINALS DRINKING FOUNTAINS SERVICE SINKS SHAMPOO BOWLS GREASE TRAPS SHOWERS FLOOR DRAINS . FIXTURES NOT LISTED TOTAL FIXTURES LAWN SPRINKLER SYSTEMS WATER SVC:MAIN TO PROP LINE WATER SVC:PROP LINE TO BLDG WATER SVC: PRIVATE SUPPLY INVESTIGATION FEE CHARGED? 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 o $0.00 CITY OF DUBUQUE, IOWA PLUMBING PERMIT APPLICATION 3087 CENTRAL AVE DBQ LOT 18, G. R WESTS ADD. JEFF STILES 3087 CENTRAL AVE DUBUQUE IA, , 52001 -0000 PHONE: PHONE: STATE LIC NO: JEFF STILES — , , PHONE: R, Residential Alterations Kitchen and bathroom remodel for carriage house apartment. WATER HEATERS GAS PIPING: # SYSTEMS GAS PIPING: # ADDL OUTLETS ROOF DRAINS CONDENSATE DRAINS VACUUM BREAKERS BACKWATER VALVES BACKFLOW PREVENTERS WASTE INTERCEPTORS INDIRECT WASTE SEWAGE EJECTORS WATER DISTRIBUTION PIPING 1 $14.00 WATER TREATING EQUIP: 0 $0.00 REPAIRS /ALTERATIONS TO DRAIN/VENT SYSTEMS # OF FIXTURES 0 50.00 METERS 0 50.00 532.00 SEWER SVC: MAIN TO PROP LINE 0 50.00 SEWER SVC: PROP LINE TO BLDG: 0 $0.00 BUILDING STORM SEWER 0 $0.00 0 0 0 0 0 0 0 0 0 0 0 BASE PERMIT FEE: ISSUANCE FEE: CREDITS (PRIOR PERMITS): TOTAL PERMIT FEE: PAYMENTS: BALANCE:, PERMIT NUMBER: P11-0102 ISSUE DATE: ISSUED BY: jn 50.00 50.00 $0.00 $0,00 $0.00 $0.00 50.00 50.00 50.00 50.00 $46.00 510.00 556.00 50.00 50.00 50.00 NOTICE SEPERATE PEMITS ARE REQUIRED FOR ELECTRICAL, BUILDING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOME NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FORA PERIOD OF 180 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVENING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) THE CITY OF D u 3 Masterpiece on the Mississippi Dubuque 'o 2007 Michael J. Sievers Building Inspector II JOB ADDRESS: LEGAL DESCRIPTION: OWNER: ADDRESS: BUILDING CONTRACTOR: ADDRESS: . REGISTRATION NUMBER: ARCHITECT: ADDRESS: APPLICANT: CLASS OF WORK: PRESENT USE OF BUILDING: PROPOSED USES: CONSTRUCTION TYPE: NO. OF DWELLING UNITS: SIZE OF BUILDING (SF): ZONING DISTRICT: WORK DESCRIPTION: VALUE OF WORK: SPECIAL CONDITIONS: PERMIT FEES: INVESTIGATION FEE CHARGED? BASE PERMIT FEB: ISSUANCE FEE: CREDITS (PRIOR PERMITS): PLAN REVIEW: PLAN REVISIONS: SPECIAL APPROVALS: Building Service Department 50 West 13th Street Dubuque, Iowa 52001 -4805 Office (563) 589 -4150 Fax (563) 690 -6687 Cell (563) 599 -1580 TTY (563) 690 -6678 msievers @cityofdubaque.org OF DUBUQUE, IOWA _._ PERMIT APPLICATION • 3087 CENTRAL AVE DBQ LOT 18, G. R. WESTS ADD. JEFF STILES 3087 CENTRAL AVE DUBUQUE IA, , 52001 -0000 PHONE: , , PHONE: STATE LIC. NO: , PHONE: JEFF STILES Residential Alteration R, Residential CHANGE ; , ; ALT, Alterations NO. OF 1 0 R -3, Mod Density Multi Family Interior remodel to carriage house apartment. drywall, insulation, add dormer, replace windows. THIS PERMIT: $5,000.00 TOTAL CONSTRUCTION VALUE: $5,000.00 576.00 $5.00 $0.00 $0.00 $0.00 TOTAL FEES CHARGED: TOTAL PAYMENTS: BALANCE DUE: 576.00 576.00 50.00 PERMIT NUMBER: B11 -0249 ISSUE DATE: 04/04/2011 ISSUED BY: jn OF USE: OPTIONAL INFORMATION STORIES: 0 BASEMENT? AUTOMATIC EXTINGUISING SYSTEM? NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT DOES NOT COVER ANY WORK IN THE RIGHT -OF -WAY. CONTACT THE CITY OF DUBUQUE ENGINEERING DEPARTMENT FOR THOSE PERMITS. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMPLETED WITHIN I YEAR FOR RESIDENTIAL PROJECTS AND 2 YEARS FOR COMMERCIAL PROJECTS. CONCRETE WASHOUT WITHIN THE STORMWATER SYSTEM, INCLUDING STREETS, IS A VIOLATION OF CITY CODE. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUivIE TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. ::SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) Masterpiece on the Mississippi Dubuque itlatbd AC•AmennaCity . 2007 CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION JOB ADDRESS: 3087 CENTRAL AVE DBQ LEGAL DESCRIPTION: LOT 18, G. R. WESTS ADD. OWNER: JEFF STILES ADDRESS: , , PHONE: BUILDING CONTRACTOR: ADDRESS: , , PHONE: REGISTRATION NUMBER: STATE LIC. NO: ARCHITECT: ADDRESS: , ,PHONE: APPLICANT: JEFF STILES CLASS OF WORK: Residential Alteration PRESENT USE OF BUILDING: R, Residential CHANGE OF USE: PROPOSED USES: , ; , ; , OPTIONAL INFORMATION CONSTRUCTION TYPE: ALT, Alterations NO. OP STORIES: 0 BASEMENT? NO. OF DWELLING UNITS: 1 AUTOMATIC EXTINGUISING SYSTEM? SIZE OF BUILDING (SF): 0 ZONING DISTRICT: R -3, Mod Density Multi- Family WORK DESCRIPTION: Rebuilt staircase, foundation repair, patched soffit and facia and metal roof. Install window well. VALUE OF WORK: THIS PERMIT: $5,000.00 TOTAL CONSTRUCTION VALUE: $5,000.00 SPECIAL CONDITIONS: PERMIT FEES: INVESTIGATION FEE CHARGED? BASE PERMIT FEE: $76.00 ISSUANCE FEE: $5.00 CREDITS (PRIOR PERMITS): $0.00 PLAN REVIEW: $0.00 PLAN REVISIONS: $0.00 SPECIAL APPROVALS: TOTAL FEES CHARGED: TOTAL PAYMENTS: BALANCE DUE: $76.00 $76.00 $0.00 PERMIT NUMBER: B10 -1067 ISSUE DATE: 08/13/2010 ISSUED BY: jn NOTICE SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT DOES NOT COVER ANY WORK IN THE RIGHT -OF -WAY. CONTACT THE CITY OF DUBUQUE ENGINEERING DEPARTMENT FOR THOSE PERMITS. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMPLETED WITHIN 1 YEAR FOR RESIDENTIAL PROJECTS AND 2 YEARS FOR COMMERCIAL PROJECTS. CONCRETE WASHOUT WITHIN THE STORMWATER SYSTEM, INCLUDING STREETS, IS A VIOLATION OF CITY CODE. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OFA PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE) THU =YOU ` Dubuque Pittal DUB E 1 MrratapieceDn tlreMisaiasi}rpf 2007 RENTAL LICENSE RENEWAL License: RL050765 STILES, JEFF 3087 CENTRAL AVE #7 DUBUQUE IA 52001 Property Address: 3087 CENTRAL AVE YOUR PAST DUE BALANCE /CREDIT (A Credit Balance Is indicated by a' -'.) IS: YOUR 2011 RENTAL DWELLING LICENSE FEE IS: TOTAL AMOUNT DUE: PLEASE RETAIN THIS PORTION FOR YOUR RECORDS H &CD Housing and Community Development Department General Housing Program 350 W 6th St. Suite 312 Dubuque, Iowa 52001 -3656 (563) 589 -4231 phone (563) 589 -4244 fax www.cityoklubuque.org We wish to inform you of your obligation to purchase your 2011 Rental Dwelling Operating License.as required by Chapter 6, City of Dubuque Residential Housing Code. You may pay for your 2011 license without penalty from January 1, 2011, through March 31, 2011. After that date, a 10% penalty fee will be added. Your license fee is calculated using the information listed below. If any of this information is incorrect, please note corrections on the portion to be returned. • Number of Buildings: 1 Number of Units not Rented: 0 Number of Owner Occupied Units: 1 Number of Units In the Building: 7 Number of Rooming Units: 0 Fee Schedule: $11.00 per building PLUS $11.00 per Unit and / or $3.00 per Rooming Unit ($6.10) $77.00 $11.00 Master piece on the Mississippi Dubuque 11 II 2007 • RENTAL LICENSE RENEWAL License: RL050765 Property Address: 3087 CENTRAL AVE STILES, JEFF 3087 CENTRAL AVE #7 DUBUQUE IA 52001 We wish to inform you of your obligation to purchase your 2010 Rental Dwelling Operating License as required by Chapter 6, City of Dubuque Residential Housing Code. You may pay for your 2010 license without penalty from Jai wary 1, 2010, through March 31, 2010: After that date, a 10% penalty fee will be added. Your license fee is calculated using the information listed below. If any of this Information is incorrect, please correct on the portion to be returned. Number of Buildings: 1 Number of Units in the Building: 6 Number of Rooming Units: 0 Number of Units not Rented: 0 Number of Owner Occupied Units: 1 Fee Schedule: $11.00 per building PLUS $11.00 per Unit and / or $3.00 per Rooming Unit YOUR PAST DUE BALANCE /CREDIT IS: YOUR 2010 RENTAL DWELLING LICENSE FEE 1S: TOTAL AMOUNT DUE: (A Credit Balance is indicated by a ' -'.) ($6.10) $66.00 $66.00 PLEASE RETAIN THIS PORTION FOR YOUR RECORDS H &CD Housing and Community f)evelopment Department General Housing Program 350 W Bth St. Suite 312 Dubuque, Iowa 52001 -3656 (663) 589 -4231 phone (563) 589-4244 fax www.cltyofdubuque.org