Rezoning - 2355 Elm StreetPrepared by: Laura Carstens. City Planner Address: 50 W. 13th Sl. City Hall Telephone: 589-4210
ORDINANCE NO. 29-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2355 ELM STREET
FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R~2A Alternate Two-Family Residential District to CS Commercial Service and
Wholesale District, to wit:
Lot 2 of 2 of 1 of 106 L.H. Langworthy Addition, and to the center line 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.
Passed, approved and adopted this 3rd day of April, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider
City Clerk
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A)
C)
D)
E)
F)
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 2 of 2 of 1 of 106, L.H. Langworthy Addition, 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. 29 -00, 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:
Performance Standards
1 )
2)
No outdoor storage of materials or vehicles.
That the vacant western portion of the property only be used for oft-street
parking.
B)
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-2A Alternate Two-Family District (which
rezoning will include the removal of the performance standards in Exhibit "A") 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 tot he provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
Recordino. 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, 29 -00.
Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
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ACCEPTANCE OF ORDINANCE NO.
29
-00
We, Fred J. Boyes, owner, and Steven R Boelk, applicant, having read the terms
and conditions of the foregoing Ordinance No. 29 -00 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein,
Dated in Dubuque, Iowa this
3rd
April
day of
,2000.
By ~ ), 67)1.
Fred. J. oyes
By/~f. ß~~
Steven R. Boelk
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Applicant: Steve BoelklFred
Boyes
Location: 2355 Elm Street
Description: To rezone property
from R-2A Alternate Two-Family
Residential District to CS Com-
mercial Service and
Wholesale District.
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REZONING STAFF REPORT
Zoning Agenda: March 1, 2000
Property Address:
2355 Elm Street
Property Owner:
Fred J. Boyce
Applicant:
Steven R & Susan A. Boelk
Proposed Land Use: Storage
Proposed Zoning: CS
Existing Land Use:
Commercial
Existing Zoning: R-2A
Adjacent Land Use:
North - Residential Adjacent Zoning: North - R-2A
East - Commercial East - CS
South - Commercial/Residential South - CS/R-2A
West - Residential West -R-2A
Former Zoning:
1934 - HI; 1975 R-4; 1985 R-2A
Total Area: .17 acre
Property History:
past.
The subject property has been used for commercial uses in the
Physical Characteristics: The subject parcel extends from Elm Street through to
Washington Street. The lot is 45 feet wide by 172 feet long, The existing building is
approximately 40 feet wide and 90 feet long.
Concurrence with Comprehensiye Plan: The 1995 Comprehensiye Plan did not
include this area.
Impact of Request on:
Utilities: The existing utilities are adequate to serve the proposed site.
Traffic Patterns and Counts: 24th Street is classified as a collector street and
based on 1997 traffic counts by fDOT, there are approximately 3,700 vehicle trips
per day.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impacts to the environment.
Adjacent Properties: Impacts to adjacent property are dependent upon type of use
established within the commercial building. If the use of the building as proposed,
all materials would be stored within the building and a small office space, there
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REZONING STAFF REPORT
Page 2
would be little impact to adjacent properties. However, if the area adjacent to
Washington Street is used as an outdoor storage area with trucks moving in and
out, this could adversely impact adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcel from R-2A
Alternate Two-Family Residential to CS Commercial Service and Wholesale District.
The applicant intends to use the existing commercial building for storage of building
materials and a small office space,
The subject parcel is bordered by CS zoning for a portion of the south side of the
property and across Elm Street. The building currently does not have any dedicated
off-street parking spaces. If the property is rezoned to CS Commercial Service and
Wholesale District, any new use occupying the structure will have to satisfy parking
requirements.
The subject parcel has frontage on both Elm Street and Washington Street with the
building's main access on Elm Street. The area adjacent to Washington Street is
currently green space with residential structures on either side.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning request.
Prepared by: ;¡::i. t ~
Date: 2-21..-00
Reviewed: ð//A
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City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
Mobile/Cellular Number:
dl555'
Site location/address: II ~ L I.. 1 s& ') EIkA.. S;-/.r-r&
Existing zoning: 2, -2 fJ. Proposed zoning: c..S Historic district: p.,/ A- Landmark: ~/4í
r Legal description (Sidwell Parcel 10 number or lot number/block number/subdivision): L",'¡" 2.-2. -I -1010 l.I-J..
l<L<Cj"->Ortl...ý Aö~;./..;C7>1
I'. Total property (lot) area (square feet or acres): 7"5 X- n L Number of lots:
r: Describe proposal and reason necessary (attach a letter of explanation, if needed): f' f cvY\. ~ ~
~:d¡-:1::ø¡[1rL !f~t-~wmll"'- øf- bulleR i Wj VV1~f-e Via k
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record:
2, Fees are not refundable and payment does not guarantee approval; and
3. All additional required ritt n an,~aPhic materials are attached.
¡<; Property Owner(s): 1:5
¡<:: Applicant/Agent: /
TION SUBMITTAL CHECKLIST
Received by: Date: / þ$'l' ~ Docket:
/ /
0 Property ownership list 0 Site/sketch plan 0 E oor plan 0 Plat
0 Improvement plans 0 Design review project description 0 Photo
*' .SC>~ -lor c<>o.c.\...-
~rct;5 i't-..\- ...j:, "-
: $ ~-c..~ +0 '
0 Variance
0 Conditional Use Permit
0 Appeal
0 Special Exception
0 Limited Setback Waiver
¿;ezOning
0 Planned District
0 Preliminary Plat
0 Minor Final Plat
0 Text Amendment
0 Simple Site Plan
0 Minor Site Plan
0 Major Site Plan
0 Major Final Plat
0 Simple Subdivision
PLEASE TYPE OR PRINT LEGIBLY IN INK
¡<: Property Owner(s): F C' ð 'S', ß c '! C' 5
Address: l(OqO Po-v.... QcJ. City:
0\ ,^, ...r11"'~
Fax Number:
Mobile/Cellular Number:
r Applicant/Agent:
5+ru V\
t'2 , . ßðcl k.. S\...C IJ.
Address:
//52'-/
t7,,/,,;.., ¡./cd; D~ City: D.... \au-," l.J.- t::.
Fax Number:
,S89- 0839
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
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Fee: ;2.5l/00
0 Annexation
0 Temporary Use Permit
0 Certificate of Appropriateness
0 Certificate of Economic Hardship
0 Other:
Phone: 55(;,- soSR
State:~ Zip:
S;;'Cú /
Phone: bß3 -Ba>'"L
State:~Zip: S
~3-8oo2
Date: /
Date:
0 Conceptual development plan
0 Other:
Washington Street Rezoning Pet. ion
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By signing this petition I am Protesting the rezoning of 2355 elm st, from R2-A to es. I finnIy beleive that
rezoning this paIcel will alter the looks of the neighborhood,to a point of lowering property values and the uses
that would be allowed under rezoning are not compatible with the many residentaI properties in and around this
area,
S'Jí! fcv~ ¡1)Ql4le.
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Properties in Opposition to Rezoning of Property
on 2355 Elm Street from R-2A to CS
Total Area Within 200' Buffer: 120,261 sq.ft.
};;;;;;;;;:;;; Properties Within 200' Buffer
0 100 200 Feet
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Area in Opposition: 24,239 sq.tt.
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Opposition: 20.155%
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
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March 9, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezonings
Applicant: Steve BoelkiFred Boyes
Location: 2355 Elm Street
Description: To rezone property from R-2A Alternate Two-Family Residential District to CS
Commercial Service and Wholesale District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request, noting that he planned on using the property for
storage of building supplies and a small office. Several people spoke in opposition to the request,
with concerns that the availability of on-street parking will be reduced and that some of the uses
allowed by the CS Commercial Service District are not compatible with the neighborhood, Staff
reviewed surrounding land uses and zoning,
The Zoning Advisory Commission discussed the request noting that the previous use involved
storage of vehicles and that the surrounding property is a mixture of residential, commercial and
industrial land uses, The Commission discussed conditions that would mitigate adverse impacts
to adjacent property owners.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request with two (2) conditions, Conditions recommended by the Commission are: 1) No
outdoor storage of materials or vehicles; and 2) that the vacant western portion of the property only
be used for off-street parking,
A super majority vote is needed for the City Council to approve the request. More than 20 percent
of the owners of property within 200 feet of the subject rezoning request have objected in writing,
Respectfully submitted,
{) ~p ¿?J~,
~;j;ard Schiltz, Chairperson aI/<..-/'
Zoning Advisory Commission
Attachments
Service
('eopk
Integrity
Responsibility
Innovation
Jeamwork
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MAR-20-00 MON 01: 16 PM
TELEGRAPH HERALD,
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTIC¡¡ i. h.reby giwn tho!
tile Dubuque Oily Council will
conduCI a public hearing at 0
meeting to com"""nce at 6:30
o'clóck P.M. on April 3. 2000,
in Ihe P\rblic Library Audito-
rium for 109 PUrpo.. 10 Con-
sider "mending City of Ou-
b\lque Appendix A (the Zoning
Ordinon"e, by rec'~'if~no
W~."';'{\o~qlf-~ '2~II.rn';:~
Two-FamilY Residentl.1 District
to CS Commercia' SCl'Vice ol1d
Whole'ale DI'trlct - re-
quo.ted by Fred J, B"ye. and
St.ven R, Boalk, ¡Copy of
SuPporting dooumon $ are on
lila In tho City Clerk's om.:.
and may be viewed during
norma' Working hOllrs,)
Wrlnon COmmunis regarding
obove reclassification ¡nay b.
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public hearing.
AI Mid time and place of
public hsori"g .11 Im.re.ted
oiti,on, and porti.. Wi/I bo
given on Opportunity to be
heard for Or ego/nst SOid ro-
c,...ificotion.
Any visu,,' or heering inl-
pcireo persons needing spe-
oio' assl'tonce Or porso". with
"P,!cinl accessibility needs
should COntoct the Cily Clerk's
Office at (319) 5a9-~ I~O Or
TOO (319) 5e9-~'93 in tile
"I"men Righi. Deportment ot
I....! 48 hollrs prior to the
I"eoting.
Publi.hed by ordsr of the City
Council given 011 tho 20th doy
of March, 2000.
Is/Joonne F, Schneider
City Clerk
113124
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FAX NO, 3195885782
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing
at a meeting to commence at 6:30 P,M, on April 3, 2000, in the Public Library
Auditorium for the purpose to consider amending CiW of Dubuque Appendix A (the
Zoning Ordinance) by reclassifying property located~355 Elm Street from R-2A
Alternate Two-Family Residential District to CS Commercial Service and Wholesale
District as requested by Fred j, Boyes and Steven R. Boelk. (Copy of supporting
documents are on file in the City Clerk's Office and rnay be viewed during normal
working hours,)
Written comrnents regarding above reclassification may be submitted to the City
Clerk's Office on or before said time of public hearing,
At said time and place of public hearing all interested and citizens and parties will
be given an opportunity to be heard for or against said reclassification,
.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-
4120 or TOO (319) 589-4193 in the Human Rights Department at least 48 hours
prior to the meeting.
Published by order of the City Council given on the 20th day of March, 2000,
, L1
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c :;f:Á';?;?>;("j"// ¿:«:-¿7¿.¿ ,-~ J
(> Jeanne F. Schneider
City Clerk
1 t 3/24
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STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CITY OF DUBUQUe,lOWA
OFFICIAL NOTICe
NOTICE is hereby given that
the Dubuque City Council will
conduct a )ubliqhe",ing at a
meetingtò commenèe at 6:30
o'clock P,M, qn Apri) 3. 2000.
in the Public Ubrary Audito-
rium for the ~ to con-
~~ue~f~~:J~~
O::!inance) by¡ ....:!a1Isifying
property IOCO/Odat236li Elm
Street ~omR-2AAltemate
TwO-F~ ~dentiaJ Ois-
~cta~Wh~=1~e~
~~~u=n b~, å:lk.JtCr,:~
supporting dOcuments are on
file in the City <i:1er1<', Office
and may be viawed during
no/Tnal worIdng_rs.)
Written commonts "",aiding
above raclasoifítatl2" 'maý be
submitted tò .!heart}< Clerk's
Office on or boIòra - time
0
given :
heard I"
r~~r ~nli':im-I'
paired ~.'~ spe-
cial -. 'stánce, or -,
with' -bifity
needs City
589,..
tOO in
the Human Rights nt
at least 48 hours prior to the I
meeting, I
Published by order of the
City Council given on the 20th
day 01 March. 2000.
Is/Jeanna F, Schneider
CityCle\
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 AI/! v,.- j., ~ '-I .
, 20...Q.Q......, and for which the charge is $---.12 ,30
'L .AI /; f~>1A'r ,>vn./'
an]
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this~.f&( dayof~ 20 00.
tt3/24
~vr.~
Notary Pubhc in and for Dubuque County, Iowa
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Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
29
ORDINANCE NO. -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2355 ELM STREET
FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R~2A Alternate Two-Family Residential District to CS Commercial Service and
Wholesale District, to wit:
Lot 2 of 2 of 1 of 106 L.H. Langworthy Addition, and to the center line 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 AdYisory Commission of the City of Dubuque, Iowa.
. 3rd April
Passed, approved and adopted this day of , 2000.
Attest:
~/ú'J
Jeanne F. Schneider
City Clerk
F :IUSERSIMELINDA IWPICOUNC IL IORDI2355ELM. ORD
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A)
F)
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 2 of 2 of 1 of 106, L.H. Langworthy Addition, 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. 29 -00, 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:
Performance Standards
1)
2)
No outdoor storage of materials or vehicles.
That the yacant western portion of the property only be used for off-street
parking.
B)
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-2A Alternate Two-Family District (which
rezoning will include the removal of the performance standards in Exhibit "A") if the
property owner fails to complete any of the conditions or proYisions of this
Agreement.
C)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject tot he provisions of the Zoning Ordinance
goyerning 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
approyal within ten (10) days of the adoption of Ordinance No. 29 -00.
E)
Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
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ACCEPTANCE OF ORDINANCE NO,
-00
29
We, Fred J. Boyes, owner, and Steyen R. Boelk, applicant, haYing read the terms
and conditions of the foregoing Ordinance No. 29 -00 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this
3rd
April
,2000.
day of
By ~), ß7h
Fred. J, oyes
BY~ f. ß4
Steyen R. Boelk
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HH Proposed are to be rezoned--2355 Elm Street
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Applicant: Steve BoelklFred
Boyes
Location: 2355 Elm Street
Description: To rezone property
from R-2A Alternate Two-Family
Residential District to CS Com-
mercial Service and
Wholesale District.
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
,COUNTY OF DUBUQUE
I, Jeanne F, Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council, I do further state that the
hereto attached Ordinance No, 29-00 is a correct copy of the original
Ordinance No. 29-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 20th day of March,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 7th day of April, 2000.
~ß.~;/4Þ ~á2:r¿7/~j
/ .
/ Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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I (OFFICIAL ~UBUCATlON) i
ORDlNJ\NCI NO. 29-00 I
I AN ORDINAIIÇE AMENOING I
==~ IW~~':!IN~G
OF DUBUQUE CODE OF
ORDIMANCES BY RECLAS-
SIFYING, HER,EINAFTER
DESCRIBED PROPERTY
LOCATED AT 1&181 EL
STREET FROM R-IA ALTER.
NATE TWQ.FAMlL\' RESI-
DEN'llAL DISTRICT TO CS
COMMERCIAL SERVIC~
AND WHOLESALE DIS.
TRICT.
I'IOW THEREFORE, BE rT
ORDAINED BY THE CITY
'COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1, That Appendix A
g~~ Zgri'8u~~~¿g~ ~
Ordinantes ia(1e<eby omend-
ed by roclastlMng the here-
inaftar das'cri6ed property
from R-2A AJtamata Two-
~~:"'i'.r' ~cta~~
~LH~
dillon. and to
the """"" ' tha adjoining
~.~~~~In tha
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STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation pnblished 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 !!¡~' I I;:;l.
, 20 ~ , and for whIch the charge is $ ;;9, (¿? 0
.ad, '-oPproved and
adoPted this 3rd day',\>! April, ~
2000 ..,
T';;""'a M, Duggan. Mayor
Attast;
Jaanne F,Schnelder,
City,CIeri<
ACCEPTANCE OF
ORDINANCE NO, 29-00
We, Fred J"Boyes, owner,
and Sleveo ,R, ~ appli-
~;J"~re:the ~~
~er¡t=':; ~~~~
tions thereOf, hereby accept
~~= an~I.:9r;¡,e.,;,~the
Dated In =ue, Iowa this
3rd day of April; 2000. .
By: sI Fred J, Boyes
By: Sf Steven R. Boelk
PubHahed officially in the
TeI- H«ald newspaper
thla 12th day of April, 2000,
Jeanne F, Schneider,
City Clerk
-----¡~:J ..Ai
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this~dayof ~~'þ' 20-'2.Q.....
Notary
114/12
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