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Plat of Survey for McNamerAcres #3Planning 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 Applicant: Marty McNamer Location: West End of Manson Road Description: Plat of Survey of McNamer Acres #3 Dear Mayor and City Council Members: Masterpiece on the Mississippi Dubuque kEttal AI4 nnicaetr ' 1111' 2007 November 15, 2011 The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff memo and related materials are attached for your review. Discussion The applicant was not in attendance. Staff reviewed the submitted Plat of Survey, noting that Lot 1 will be the site of a new single - family house while Lot 2 is labeled non - buildable. Lot 2 is within the flood plain of the Catfish Creek and is not suitable as a home site. There were no public comments. The Zoning Advisory Commission discussed the request, and found 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 waiving lot frontage for Lot 2. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, 142- Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E ❑ Variance ❑ Conditional Use Permit ❑ Appeal ❑ Special Exception ❑ Limited Setback Waiver PLANNING APPLICATION FORM ❑ Rezoning ❑ Planned District ❑ Preliminary Plat ❑ Minor Final Plat ❑ Text Amendment ❑ Simple Site Plan ❑ Minor Site Plan ❑ Major Site Plan ® Major Final Plat ❑ Simple Subdivision Please type or print Ieciibly in ink Property owner(s): Marty and Nancy McNamer Address: 5070 Wolff Road City: Dubuque City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ❑ Annexation ❑ Temporary Use Permit ❑ Certificate of Economic Non - Viability ❑ Certificate pproprness ❑ Other: , Phone: 582 -5762 . State: IA Zip: 52002 Fax Number: Mobile /Cellular Number: Applicant /Agent: Marty McNamer Phone (563) 582 -5762 Address: 5070 Wolff Road Fax Number: City: Dubuque State: IA Zip 52002 Mobile /Cellular Number: 563- 582 -5762 Site location /address: Manson Road Dubuque, IA 52001 Existing zoning: Proposed zoning: Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 2 of McNamer Acres #1. Total property (lot) area (square feet or acres): 23.741 Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Splitting off the flood plain CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. 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 written and graphic materials are attached. \ _ 1 Property Owner(s): ` Date: 1011L\ Applicant /Agent: Date: FOR OFFICE US�� LA PP Fe CO Received by: G� ❑Site /sketch plan ❑Conceptual Development Plan CATION SUBMITTAL CHECKLIST Date: /0. C. • /I Docket: ❑Photo ['Plat ❑Improvement plans ❑Design review project description ❑Floor plan ❑Other: SAVANNA W cr O _, t. 4,zq Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi ° btus 1111r 2007 Vicinity Map Applicant: Marty McNamer N Location: West End of Manson Road Description: Plat of Survey of McNamer Acres #3 ® McNamerAcres #3 Zoning City of Dubuque Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \Plat of Survey of McNamerAcres #3.mx Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 1.1• ' SUBJECT: Plat of Survey McNamer Acres #3 DATE: October 24, 2011 Dubuque kritti *America I r a 2007 INTRODUCTION The submitted Plat of Survey of McNamer Acres #3 subdivides an existing 23.74 acre parcel of land into two parcels. The subject property is located at the west end of Manson Road. DISCUSSION The submitted Plat of Survey of McNamer Acres #3 requires review and approval by the Zoning Advisory Commission and City Council as the proposed lot split does not provide frontage for Lot 2. The submitted plat of survey provides for an access easement for Lot 2 for access to Manson Road. Lot 2 is labeled as non - buildable as the majority of the parcel is within the 100 -year flood plain. Both parcels are currently zoned R -1 Single - Family Residential District. Planning staff does not object to Lot 2 not having any frontage on Manson Road, as it is labeled as non - buildable and the majority of the parcel is within the designated flood plain and construction of a new residence is unlikely. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission approve the Plat of Survey of McNamer Acres #3 subject to waiving the lot frontage requirement for Lot 2. The submitted plat of survey is in all other respects compliant with the Unified Development Code. KLK/mkr Attachments Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, Citv Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 378 -11 RESOLUTION APPROVING THE PLAT OF SURVEY OF MCNAMER ACRES #3 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of McNamer Acres #3 in the city of Dubuque, Iowa ; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 on a public or approved private street, where 50 feet of street frontage 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 an d 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 2, where 50 feet is required. Section 2. That the Plat of Survey of McNamer Acres #3 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. Passed, approved and adopted this 21st day of j November 2011. 0/' Roy D. B!ol, Mayor Attest: Kevi irnstahl, City Jerk BUSSING & ASSOCIATES NOTE: LOT 2 OF MCNAMER ACRES X1 IS IN THE NEI /4 OF SECDON 2 788N, 92E. (TABLE MOUND 1WP.), OF THE 5111 P.M.. DUBUQUE COUNTY. IOWA LEGEND • 1/2' 9E900 ( FOUN)) (CAPPED. '14417', YELLOW) 5/8' 9E900 (FOUND) 9 (CAPPED, "11306', YELLOW) (UNLESS NOTED OTHERWISE) ® 1' IRON PIPE (FOU (UNLESS 90162 0TH ND WISE) ® PK NAIL (FOUND) O 5/8' REROD (PLACED) (W/ YELLOW PLASTIC CAP MARKED NUS 102721 EXISTING PROPERTY LINE SURVEYED PROPERTY LINE SURVEYED PERIMETER - - - SECTOR UNE ( ) RECORD DIMENSION ROW RIGHT OF WAY 0' 100' 200' 1" = 200' (11 "X17 ") SURVEYED PERIMETER TOTAL AREA - 23.741oc. OWNE9 & PROPRIETOR: LOT 2 OF MCNAMER ACRES q1 MARTN J. & NANCY A. MCNAMER Plot of Survey of: McNamer Acres #3 IN THE CITY OF DUBUQUE, IOWA. Comprised of: LOT 2 OF MCNAMER ACRES //1 IN THE NE1 /4 OF SECTION 2 IN THE CITY OF DUBUQUE IN T88N, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M., DUBUQUE COUNTY, IOWA CURVE CHORD BEARING CHORD RADIUS ARC LENGTH DELTA TANGENT C1 S 08'03'00' E 46.25' 47.50' 48.30' 58'15'39' 26.47' 2 m, f LOT E `a 11MBER -HYRST ESTATES N15•37'55 "E 98.56' (99.01') N 0.00' N58'16'14 "E 145.04' (145.16') LOT 29 TIMBER -HYRST ESTATES N6" 2 -5D5 3c -99 2�0 N83•53'45 "E 92.27' (92.37') LOT 2 11.869 AC 558'00'05 "W 94.85' (95.0') SO4'10'01 "W 134.51' (135.69' LOT 28 11MBER -HYRST ESTATES 'S 1^9". ��16L N33'18'09 "E 92.49' (92.40') N4609'15 "E 132.11' (132.04') NON BUILDABLE 985.01. N10h9 59 LOT 1 11.872 AC 20' ELECTRICAL r EASEMENT 2 YELLOW 10202 N83•27'35"E 580•54'08 "E 97.16' r10, 155'66 ' 10' L . A LOT 1 -1 MINERAL LOT 496 504'32'17 "W 127.21' (126.75') YELLOW 10272 9 8 q; 30. W 29g 2 68 0. 505'42'06 "E 197.92' (189.46') g 9p0 S89 MINERAL LOT 491 6'00 "W 453.54 YLOW 10EL272 MINERAL LOT 488 S56'29'49"E 6,509 164.07' (168.5') E / N66 y4 LOT 2 MINERAL LOT 492 N07s 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0' N20'51'02 "E 149.74' (149.48') LOT C 1181369 -1-1YRST ESTATES 60 N297 4'43 "E 169.05' YELLOW 10272 12.57' 20' ELECTRICAL EASEMENT .^D 2 RED 12631 YELLOW 10272 532 36'06 "E 41.63' 41.72') RED 12631 N Q, ACCESS EASEMENT FOR LOT 2 OF � MCNAMER ACRES 93 y0. 9 46 • 4N LOT 1 MCNAMER ACRES 91 586'44'35 "W 666.56` TOWER INVESTMENTS SUBDIVISION 90.1 3 0 M a O ai 0 YELLOW 10272 LOT 1 MCNAMER ACRES 92 3 LOT 1 MINERAL LOT 500 1/4' IP 9/21 LOT 7 y. JAEGER HEIGHTS m SUBDIVISION •0.2 1 1/4' IP M ip LOT 8 JAEGER HEIGHTS SUBDIVISION N0.2 1 1/4' IP W/u LOT 9 JAEGER HEIGHTS SUBDIVISION N0.2 } co 61 0 z z CHECKED BY: -J O w 00 0 0 J N N II q5 who: Na ° WO % Cerut 0 z 0 W 0 a \ JY L U 11 I` A N 01 / l I i 2.° o: KNNE11-1 L BUESING 10272 °'. °"* 4II,00III 1111I0\C 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 LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. KENNETH L. BUESING ATE UCENSE NUMBER: 10272 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2012 PAGES OR SHEETS COVERED BY THIS SEAL: SHFFTR 1 AND 7 SHEET TITLE PLAT OF SURVEY 1 SHT OF EE Sheet 2 of 3 Surveyor's Certificate I, Kenneth L. Buesing, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 2 of McNamer Acres #1 in the NE 1/4 of Section 2 in the City of Dubuque in T88N, R2E, (Table Mound TWP.), of the 5th P.M., Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as McNamer Acres #3 in the City of Dubuque, Dubuque County, Iowa. Total area of McNamer Acres #3 is 23.741 acres. Total area of Lot 1 is 11.872 acres. Total area of Lot 2 is 11.869 acres. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of -way of record and not of record, t plat of which is attached hereto and made a part of this certificate. BY cf Kenneth L. Buesing Licensed Land Surveyor License No. 10272 Dubuque, Iowa 28f zo!( Date • License Renewal Date: 12/31/12 OWNER'S CERTIFICATE ,2011 The foregoing Plat of Survey of: McNamer Acres #3, Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of Lot 2 of McNamer Acres #1 in the NE 1/4 of Section 2 in the City of Dubuque in T88N, R2E, (Table Mound TWP.), of the 5th P.M., Dubuque County, Iowa. State of Iowa County of Dubuque ss: On this day of AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personal) appeared Martin J. and Nancy A. McNamer, husband & wife, to me personally known, who, being duly sworn did say that said appeared Martin J. and Nancy. McNamer acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. JAMES 0 SNIPPY Notarial nsl - Iowa Commission # 755 My Commission Expires Sheet 3 of 3 City of Dubuque Zoning Advisory Commission Dubuque, Iowa L)o ,r.* - 2., 2011 The foregoing Plat of Survey of: McNamer Acres #3 in the City of Dubuque, Iowa, was reviewed and approved by the City of Dubuque Zoning Advisory Commission on the date first written above. (h c .Chairperson, City of Dubuque Zoning Advisory Commission City Council of Dubuque, Iowa Dubuque, Iowa November 21, 2011 The Dubuque City Council of the City of Dubuque, Iowa do hereby certify that the foregoing Plat of Survey: McNamer Acres #3 in the City of Dubuque, Dubuque County, Iowa has been filed in the office of the City Clerk of Dubuque, Iowa, that by Resolution No. 378 -11 , the Dubuque City Council approved said plat. Dubuque, Iowa Kevi Firnstahl, City Clerk City of Dubuque, Iowa City Assessor's Certificate , 2011 The foregoing Plat of Survey of: McNamer Acres #3 in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. Richard A. Engelken, City Assessor City of Dubuque, IA County Auditor Dubuque, Iowa , 2011 The foregoing plat 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. Denise M. Dolan County Auditor of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa , 2011 The foregoing Plat of Survey of: McNamer Acres #3 in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder