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)