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Plat of Survey for J.J. Kemp PlacePlanning 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. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi Applicant: James & Jo Edwards Location: Behind and Across Alley at 508 Hill Street Description: Plat of Survey JJ Kemp Place Dear Mayor and City Council Members: Dubuque r cMr 1' 2007 November 4, 2011 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, reviewing the location and use of the garage located on the property. Staff reviewed the submitted Plat of Survey, noting that the existing parcel does not meet frontage requirements and that the requested lot split facilitates the sale of the property. There were no public comments. The Zoning Advisory Commission discussed the request, and felt it was appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to waiting lot frontage for Lots 1 and 2 and lot area for Lot 2. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachment cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ['Appeal ['Special Exception ['Limited Setback Waiver DRezoning/PUD Dubuque told ' 1111' zom PLANNING APPLICATION FORM DPreliminary Plat ['Major Final Plat ['Minor Final Plat Simple Site Plan ['Minor Site Plan ❑Major Site Plan ‘pie Subdivision ❑Text Amendment ❑Temporary Use Permit ['Annexation ['Historic Revolving Loan DHistoric Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 planning @citvofdubuciue.orq ['Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability DHistoric Designation ['Demolition in Conservation 'strict Neighborhood Assoc. Please type or print legibly in ink 1C Property owner(s): Phone: y Address: City: State: Zip: Fax #: Cell #: E -mail: Applicant/Agent: JAME5 R 4 To A o.wARZS Phone: 543 — 5`(3' 4=o Address: 39 Fax #: Cell #: E -mail: Site location /address: HiM ` - ' m A C Ross ALLEY I/O R 14al_ .5 7 (PAR :IX /a. .. / Zell 57— City: zi UZI �QU State: ICA Zip: S Existing zoning: Q" 3 Proposed zoning: k/ i4-- District: /1%/i- Landmark: ❑Yes (1No Legal Description (Sidwell parcel ID# or lot number /block number/subdivision): ,$C= P 10- Total tii--- Total property (lot) area (square feet or acres): /6 , Z23 s?. 44- Describe proposal and reason necessary (attach a letter of explanation, if needed): % 4 /IOW Ccs-r c— "'cu.) p - c.+n.. p-e ( 9Cc c7. . CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that. LE) "id 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant /Agent(s): Date: 5EpT 30. it FOR OFFICE USE ONLY Fee: 2,10 . CCReceived by: Date: 'T• 30.1( Docket: Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi Dubuque 11111 2007 Vicinity Map Applicant: James & Jo Edwards Location: Behind & Across Alley at 408 Hill Street (Parcel 10.25.177.006 & 016) Description: Plat of Survey of JJ Kemp lace Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \Vicinity Map 09_29_11.mxd Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Zoning Advisory Commission Guy Hemenway, Assistant Planner Plat of Survey of Lot 1 and Lot 2 of JJ Kemp Place October 26, 2011 Dubuque bittl AR-America City I�a 2007 INTRODUCTION The submitted Plat of Survey of Lot 1 and Lot 2 of JJ Kemp Place subdivides an existing 16,229 square foot lot into two lots. Lot 1 of JJ Kemp Place will have 13,867 square feet and Lot 2 of JJ Kemp Place will have 2,362 square feet. Neither lot will have frontage on a platted public street, but both will have frontage on a platted City alley. The Unified Development Code requires a minimum of 5,000 square feet of lot area and a minimum of 50 feet of frontage on a platted street for any new lots. Therefore, Lot 1 is substandard in required lot frontage and Lot 2 is substandard in both required lot frontage and required square footage. DISCUSSION Lot 1 and Lot of JJ Kemp Place are located across an alley behind two homes at 390 and 408 Hill Street. The lots accommodate two detached garages. The entire parcel originally belonged to the property owner at 408 Hill Street. The applicant's intent is to split the lot leaving one of the detached garages on Lot 1 and the other detached garage on Lot 2 and to purchase Lot 2 to use for additional parking and storage for his residence. Because the garage is not located on the same lot as the residence, it is considered an off - premise residential garage. In the R -3 Moderate Density Multi- Family Residential District, to be an approved off - premise residential garage, a conditional use permit is required. In August, 2011, the applicant was granted a conditional use permit from the Zoning Board of Adjustment for an off - premise residential garage on Lot 2. Now the applicant is seeking approval for a substandard lot split so he can purchase the lot and garage. RECOMMENDATION Staff has reviewed the request to allow a substandard lot split and does not have any concerns. Therefore, staff recommends approval of the Plat of Survey of Lot 1 and Lot 2 of JJ Kemp Place subject to waiving the lot frontage requirement for Lot 1 and the lot area and frontage requirements for Lot 2. Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 350 -11 RESOLUTION APPROVING THE PLAT OF SURVEY OF J J KEMP PLACE IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of J J Kemp Place in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 and Lot 2 on a public or approved private street and 2,362 square feet of lot area for Lot 2, where 50 feet of street frontage and 5,000 square feet of lot area is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1 and Lot 2 and 2,362 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of J J Kemp Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Attest: Passed, approved and adopted this 21st day of November 2011. Al A&I Kevin irnstahl, City Clerk Roy D. B /• I, Mayor PREPARED BY1 MICHAEL J, WEBER, WEBER SURVEYING, LLC, 26789 46TH AVE, BERNARD, IA 52032 (563) 879 -4173 PLAT OF SURVEY of JJ KEMP PLACE in the City of Dubuque, Iowa cal 316S °4 N❑TE+ THIS PLAT IS A DIVISI ❑N OF LOT 2- 3 -2 -2 -3 ❑F MINERAL LOT 76 AND LOT 2 -1 -2 OF BURCH'S 2ND SUBDIVISI ❑N IN THE CITY OF DUBUQUE, IOWA NW CORNER LOT 2 -1 -2 - BURCH'S 2ND SUB. NE CORNER LOT 2 -1 -2 BURCH'S 2ND SUB. FOUND 1 -1/2" PIPE V.5" -- +6" LOT 4 SUB OF LOT 1 -3 OF MIN LOT-76 & LOT 2 OF MIN. LOT 77 P.O.B. SW CORNER LOT 2- 3 -2 -2 -3 MIN. LOT 76 FOUND 3" PIPE SURVEYED LINE PREVIOUS LOT LINES EXISTING PROPERTY LINE C ) RECORDED DIMENSION ROW RIGHT OF WAY td SF SQUARE FEET 73 r • FOUND MONUMENT AS NOTED ,A 0 PLACED 5/8" DIA STEEL REROD WITH ORANGE CAP N MARKED 'WEBER PLS 15084' '9; ® PLACED 'X' IN CONCRETE I� C N❑TES1 A(41, co, 1. ALL MEASUREMENTS ARE IN �r FEET AND DECIMALS THEREOF. �s 2. PROPRIETOR' JEFFREY R, KEMP & JAMIE L. KEMP 3. SURVEYED REQUESTED BY' JAMES EDWARDS 4. THIS PLAT IS SUBJECT TO RIGHT OF WAY AND EASEMENTS OF RECORD AND NOT OF REC ❑RD. LOT 3 GEORGE BURCH'S SUB. BAR /1w 19 S 1`j- 2ND SUB, SE CORNER LOT 2 -1 -2 BURCH'S 2ND SUB, FOUND 1" PIPE 0' 25' 50' SCALE IN FEET I SCALE11" = 50' DESCRIPTION: JJ KEMP PLACE, being a division of Lot 2- 3 -2 -2 -3 of Mineral Lot 76 and Lot 2 -1 -2 of' Burch's 2nd Subdivision In the City of Dubuque, Iowa, more particularly described- as follows Commencing at the SW corner of said Lot 2- 3 -2 -2 -3 of' Mineral Lot 76 being the point of beginning) thence N 36 °47'15" E (assumed bearing), 155.27' along -the West line of said Lot 2- 3 -2 -2 -3 of Mineral Lot 76 and said Lot 2 -1 -2 of Burch's 2nd Subdivision -to the NW corner of of said Lot 2 -1 -2 of Burch's 2nd Subdivision) thence S 65 °24'48" E, 31.16' along the North line of said Lot 2 -1 -2 of Burch's 2nd Subdivision -to the NE corner of said Lot 2 -1 -2 of Burch's 2nd Subdivision) thence S 18 °12'46" E, 184,80' along the East line of' said Lot 2 -1 -2 of Burch's 2nd Subdivision -to the SE corner of said Lot 2 -1 -2 of' Burch's 2nd Subdlvislon) thence N 70 °17'21" W, 190.22' along the South line of sald Lot 2 -1 -2 of' Burch's 2nd Subdivision and said Lot 2- 3 -2 -2 -3 of Mineral Lot 76 to the point of beginning, containing 16,229 square feet and sub,Ject to easements of record and not of record. O1\ '.ND�II /i ,--) MICHAEL J. ° _° WEBER A � = 15084 ° ' IOWA , „/,1111I00010 // I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LIC D LAND SURVEYOR) UNDER THE LAWS ❑Fr THE STATE OF IOWA. $� �CV � pl$401iIz%- �4/ 2-0 MICHAEL J. WE R r LICENSE NUMBER 15084 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2011 SHEETS COVERED BY THIS SEAL 1 THIS SHEET ONLY WEBER SURVEYING, LLC 26789 46TH AVE BERNARD, IA 52032 PHA (563) 879 -4173 FAX' (563) 879 -4199 DRAWN BY' MJW SURVEY DATE' 9/28/11 DWG. NO 2011 \EDWARDS SHEET 1 OF 4 Dubuque, Iowa Owner's Consent Contract Seller IC/ ,2011 Sheet 2of4 The foregoing Plat of Survey of JJ KEMP PLACE in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. State of Iowa ) ss: County of Dubuque L/ v > J °r• e, R. K- Janlie L. Kemp On this `' day of fah , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Jeffrey R. Kemp and Jamie L. Kemp, husband and wife, to me personally known, who, being duly sworn did say that said appeared Jeffrey R. Kemp and Jamie L. Kemp, acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. NOttary Public in and for the State of Iowa SHAWNA A. CONE • Commission Humber 750831 My Comm. Exp. Sheet 3 of 4 City of Dubuque Planning Services Dubuque, Iowa Pot) 2011 The foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Planning Services Division — City Planner City of Dubuque, Iowa City of Dubuque, Iowa, Zoning Advisory Commission Dubuque, Iowa Navc.,.bc,- 2, 2011 The foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa, is hereby approved by the Dubuque Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Iowa is hereby recommended. R-71- /itsNL —/ 7C. 7 Z' . V ce_Chairperson City of Dubuque, Iowa Dubuque, Iowa November 212011 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa and that the City Coun 9 I of the City of Dubuque, Iowa approves said plat. City Dubuque, Iowa r of the City o Dubuque, Iowa Sheet 4 of 4 City Assessor Dubuque, Iowa , 2011 The foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa was entered of record in the Office of the City of Dubuque Assessor this day of 2011, on the date first written above. County Assessor of Dubuque County County Auditor Dubuque, Iowa , 2011 The foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this day of , 2011. We approve of the subdivision name or title to be recorded County Auditor of Dubuque County Recorder's Certificate Dubuque, Iowa , 2011 The foregoing plat of JJ KEMP PLACE in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. Dubuque County Recorder MORTGAGE HOLDER CONSENT The undersigned for l) of 'vJ0(49,1 , T/ do hereby certify that the attached Plat of Survey of Plat of Survey of JJ KEMP PLACE in the City of Dubuque, Iowa is made with our free consent and in accordance with our desire as lien holripr anri BY: State of Iowa County of Dubuque ) ss: On this i /), day of 0 , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared to me perspnally known, who being by me duly sworn, did state that he is of tip i_Q_'Ci✓S I P ,n of Ki of the corporation executing'the within and foregoing instrument, that said instrument xvas signed on behalf of said Corporation by authority of its Board of Directors, and that M:c -k\c i Is - t. OE PJ as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of said Corporation by it voluntarily executed. Witness my hand and Notarial Seal on the date above written. o �' s�, BECKY TOPPING z � Commission Number 744393 My Commis ion Expires Notary ublic in and for Nhe to of Iowa