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Development History for Property at 3087 Central AvenueMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Development History for the Property at 3087 Central Avenue DATE: July 13, 2011 Associate Planner Kyle Kritz is transmitting information on the development history for the property at 3087 Central Avenue. a el C. Van Mic Milligen Dubuque All- Ameri ca City I 2007 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Tim O'Brien, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager David Harris, Housing & Community Development Department Director Rich Russell, Building Services Manager Kyle L. Kritz, Associate Planner Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kyle L. Kritz, Associate Planner /( SUBJECT: Development History for the Property at 3087 Central Avenue Dubuque kittzl A6#maicaCity 2007 July 13, 2011 INTRODUCTION The following is a discussion of the three major issues regarding interior changes to the residential property at 3087 Central Avenue. In addition, a chronology of events that lead up to the rezoning request by Jeff Stiles was compiled based on information provided by Jeff Stiles and City staff. DISCUSSION — GRANDFATHER STATUS 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. In 1948, the property was zoned MF Multi - Family and bound by the 1934 Zoning Ordinance. Under the 1934 Ordinance, the multi - family zoning district did not limit the number of units in the building. Therefore, the building was legally converted to a seven -plex at that time. City Directory records and rental license history indicate that the building maintained seven dwelling units until its purchase by Jeff and Mindy Stiles in the spring of 2010. Rental permit history and information provided by Mr. Stiles indicate that the property was licensed for six rental units and he maintained the seventh unit as his living quarters which did not require a rental permit. 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. Mr. Stiles also reduced the number of rental licenses to five. Therefore, at the time the two units on the first floor were combined, the building lost its legally non - conforming or grandfather status for the seventh unit. Sometime after the two units on the first floor were combined, Mr. Stiles remodeled the basement, which had never been a dwelling unit, into a new seventh dwelling unit. This conversion did not meet City Code for three reasons: 1. After the seventh unit was removed by combining the two first floor units, the building was no longer grandfathered for seven units, as only six units are allowed in an R -3 District. Development history for property at 3087 Central Avenue 2. Based on an interpretation provided by Assistant City Attorney Tim O'Brien (copy attached), the seventh unit could not be extended into a portion of the building that was never designed as a dwelling unit or was not originally intended for human habitation. In other words, the basement never enjoyed grandfather status. 3. Proper Building permits were not secured by licensed contractors to convert the basement into the seventh unit. DISCUSSION — BUILDING PERMITS Permit history for the property indicates that Mr. Stiles secured a building permit on August 13, 2010 to "rebuild staircase, foundation repair, patch soffit and fascia and metal roof, install window well" (copy attached). This permit was applied for and issued approximately 3 1 /2 months after Housing Inspector Joe Kirk observed workers rebuilding the back foundation wall during an April 23, 2010 inspection for change of rental license. Inspector Kirk indicated there was no basement apartment at that time. On April 4, 2011 Mr. Stiles was issued a permit to: "Interior remodel to carriage house apartment, drywall, insulation, add dormer, replace windows" (copy attached). Neither permit mentions that a new residential unit is being created in either the basement or carriage house. On May 2, 2011, Electrical Inspector Corey Firzlaff emailed Assistant Planner Wally Wernimont questioning Mr. Stiles' plan to put an apartment above the carriage house at 3087 Central Avenue. On May 3, 2011, Assistant Planner Wally Wernimont emailed Mr. Stiles that an apartment above the carriage house would not be allowed (copy attached). Mr. Stiles called Mr. Wernimont and City Planner Laura Carstens after receiving this email. DISCUSSION — RENTAL HOUSING INSPECTIONS In April 2010, Housing Inspector Joe Kirk went through the five apartments on the 2nd and 3 floors of the Stiles' residence as an initial inspection. Inspector Kirk went down to the basement to check out utilities for the building. Mr. Stiles had some workers down there rebuilding the back foundation wall that he said had started to cave in. At that time, Mr. Stiles asked what Inspector Kirk thought of putting an apartment in the rear of the basement. Mr. Stiles was told the ceiling height was inadequate and it needed a bigger window in the living area. Inspector Kirk gave him a copy of the Housing Code so he would know the guidelines to follow. In August 2010, Inspector Kirk was doing an inspection at 3115 Central (also owned by Mr. Stiles) when Mr. Stiles asked him to look at his new apartment in the basement. He walked through the basement. Inspector Kirk has indicated he was not there in an official capacity to do an inspection. He made a note to schedule the property for an inspection. This follow -up inspection was not scheduled. On June 8 2011, Housing Inspector Joe Kirk, Building Inspector Mike Sievers, and Zoning Enforcement Officer Susan Brennan inspected the property at 3087 Central Avenue to determine the number of units in the building. Inspection revealed one dwelling unit on the first floor which the Stiles family occupies, three rental units on the 2 Development history for property at 3087 Central Avenue second floor, two rental units on the third floor, and one rental unit in the basement, for a total of seven dwelling units. The chronology of events that occurred related to the property at 3078 Central can be summarized as follows. April 2010 • Work began on the foundation and other exterior repairs to the property at 3087 Central Avenue. • Initial inspection by Housing Department for change in rental license to Jeff and Mindy Stiles as new property owners. • Jeff Stiles asked Housing Inspector Kirk about installing a basement apartment. August 2010 • Letter sent by Building Department to Jeff Stiles indicating need to obtain building permit for work being done on exterior and basement as a result of calls from neighbors and observation by Building Inspector as he drove by the property. • Permit issued for foundation work, staircase, soffit, metal roof and window well. No mention was made by property owner that a basement unit was being created. • Property owner requested Housing Inspector Kirk look at his new basement apartment. April 2011 • Property owner applies for permits to remodel interior of carriage house. May 2011 • Electrical Inspector Corey Firzlaff informed Planning staff, questioning the ability of adding another apartment unit in the carriage house. • Planning staff informed property owner that Unified Development Code does not allow an apartment in the second level of the carriage house. • Property owner initiated rezoning to R -4. June 2011 • During the public hearing at the June 1 Zoning Advisory Commission meeting, the property owner stated he wanted to increase the number of units from 6 to 8 units. 3 Development history for property at 3087 Central Avenue • Property owner informs Planning staff that there is an apartment unit in basement. July 2011 • Rezoning request to R -4 District is denied by City Council after failing to receive a super- majority vote necessary to approve second reading. • Jeff Stiles meets with City Legal and Planning staff to discuss options for bringing property into compliance. CONCLUSIONS Planning Services should be contacted first to insure the Unified Development Code is complied with regarding number of units, lot coverage and off - street parking requirements. Building Services then reviews plans and issues permits for construction. The Housing Department then issues the rental license for the new unit. City staff relies on accurate and complete information from the permit applicant to determine what codes to follow and to determine which departments 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 the unit was not allowed, and subsequently, he applied for a rezoning to R -4. When first observed in August 2010, the basement apartment had already been created without proper permits. There was a delay in enforcement but ultimately 3087 Central Avenue will be brought into compliance with all relevant City codes. City staff needs to be both careful not to assume knowledge of codes and processes on the part of citizens as well as be mindful that not all citizens provide staff with complete and accurate information regarding their building projects. This memo is provided for your information. KLK/mkr Attachments cc: David Harris, Housing & Community Development Director Rich Russell, Building Services Manager Jeff and Mindy Stiles, 3087 Central Ave 4 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 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. Wally Wernimont Assistant Planner City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Phone (563) 589-4210 Fax (563) 589 -4221 wwernimo(acityofdubuque.orq »> Corey Firzlaff 05/02/2011 9:37 AM »> Hello Wally, Page 1 of 1 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 file: / /C: \Documents and Settings \wwernimo \Local Settings \Temp \XPgrpwise \4DCO2B98... 07/13/2011 Masterpiece on the Mississippi Dubuque ao-am�edcih 11 11 ! 2007 CITY OF DUBUQUE, IOWA BUILDING PERMIT APPLICATION PERMITNUMBER: B10 -1067 ISSUE DATE: 08/13/2010 ISSUED BY jn 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. OF STORIES: 0 BASEMENT? NO. OF DWELLING UNITS: 1 AUTOMATIC EXTINGUISING SYS IEM? 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: ISSUANCE FEE: CREDITS (PRIOR PERMITS): PLAN REVIEW: PLAN REVISIONS: SPECIAL APPROVALS: $76.00 $5.00 $0.00 $0.00 $0.00 :SIGNATURE OF CONTRACTOR OR AUTHORIZED AGENT (DATE) TOTAL FEES CHARGED: TOTAL PAYMENTS: BALANCE DUE: $76.00 $76.00 $0.00 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 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) THB QTY OF DJ Masterpiece on the Mississippi Dubuque 'I I 200 Building Service Department 50 West 13th Street Dubuque, Iowa 52001 -4805 Office (563)589 -4150 Pax (563) 690-6687 Cell (563) 599 -1580 TTY (563) 690 -6678 msievers®dtyorduboque.org Michael J. Sievers Building Inspector II VALUE OF WORK: SPECIAL CONDITIONS: PERMIT FEES: INVESTIGATION FEE CHARGED? BASE PERMIT FEE: • ISSUANCE FEE: CREDITS (PRIOR PERMITS): PLAN REVIEW: PLAN REVISIONS: SPECIAL APPROVALS: ■ $76.00 $5.00 $0.00 $0.00 $0.00 OF DUBUQUE, IOWA PERMIT APPLICATION PERMIT NUMBER: B11 -0249 ISSUE DATE: 04/04/2011 ISSUED BY: in JOB ADDRESS: 3087 CENTRAL AVE DBQ LEGAL DESCRIPTION: LOT 18, G. R. WESTS ADD. OWNER: JEFF STILES ADDRESS: 3087 CENTRAL AVE DUBUQUE IA, , 52001 -0000 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 OP USE: PROPOSED USES: OPTIONAL INFORMATION CONSTRUCTION TYPE: ALT, Alterations NO. OF 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: Interior remodel to carriage house apartment. drywall, insulation, add dormer, replace windows. THIS PERMIT: $5,000.00 TOTAL CONSTRUCTION VALUE: $5,000.00 TOTAL FEES CHARGED: TOTAL PAYMENTS: BALANCE DUE: $76.00 $76.00 50.00 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 OPA RERMTT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING : OR THE PERFORMANCE OF CONSTRUCTION. TURF OF CONTRACTOR OR AUTHORIZED AGENT (DATE) SIGNATURE OF OWNER (IF OWNER BUILDER) (DATE)