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Final Plat_Knepper AdditionPlanning 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: Buesing & Associates Location: 1834 Creek Wood Drive Description: Minor Plat Lots 1, 2 & 3 Knepper Addition Dear Mayor and City Council Members: Dubuque '1111' 2007 November 15, 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's representative, Peter Arling, spoke in favor of the request, reviewing the lot layout and that the plat will facilitate the sale of Lot 3. Staff reviewed the submitted plat, noting that the replatting of the subject property does not create any new buildable lots, but does facilitate construction of a new home on Lot 5 of Timber Hyrst Estates #2. Staff explained'that the home was inadvertently constructed on the western portion of Lot 2 of the S 1/2 of the NW Fractional '/ in the County, which will be subdivided into Lot 2 and Lot 3 of Knepper Addition. Staff also noted the homeowner will purchase Lot 3, and then annex it to the city of Dubuque. 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 waiving lot frontage for Lots 1, 2 and 3 and lot area for Lot 3. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork TI IE CITY OF DUB Dubuque kittri F, 111111 2007 Masterpiece on. the Mississippi [Variance [Conditional Use Permit [Appeal [Special Exception [Limited Setback Waiver ❑Rezoning /PUD PLANNING APPLICATION FORM [Preliminary Plat [Major Final Plat ❑Minor Final Plat [Simple Site Plan [Minor Site Plan [Major Site Plan Please type or print legibly in ink Property owner(s):( .11 I'1 , [Simple Subdivision [Text Amendment [Temporary Use Permit [Annexation [Historic Revolving Loan [Historic Housing Grant Address: !' ; ; ; > . +; ; ►. C City : 171 t1 )1,'li t Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 planning ©cityofdubuciue.orq [Certificate of Appropriateness [Advisory Design Review (Public Projects) [Certificate of Economic Non - Viability [Historic Designation [Demolition in Conservation District [Neighborhood Assoc. Phone: State: Ilk Zip: `,ft '(%`� Fax #: Cell #: E- mail:- Applicant/Agent: I Address: { ` I . -< Fax #: /)( 1 Site location /address: City: t_. :, , I Phone: Cell #: E -mail: State:., is Zip: /01,f)-:, t; Existing zoning: a':' %. Proposed zoning: District: Landmark: [Yes [No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): I >L �- ! I ! -_ r (. i I `. (! r Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): i':(1-;, .i i' f ?.<< , t , i ; ; , `; 1 Lr : I- . i ii•;: ;�.t'(7•`;i: ,.�� ( F . ,-1 -) . ';, /C)( t -', ti � #t, l l -,; i:f'„ i iH. (t<-•, i ()till ) (',, if !1 tt . i� -. _ i ) i ,`i 'HI 1,-.., ' I� I.., 1 ,l, , < i, - ' I I i . CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 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 /Ag e n t(s LL k Date: Ic'folato FOR OFFICE USE ONLY Fee' 22O.00 Received by: Date: 11 Docket: Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi Vicinity Map N Applicant: Buesing & Associates Location: 1834 Creek Wood Drive Description: Lots 1, 2 & 3 Knepper Addition Legend Lots 1, 2 & 3 Knepper Addition Zoning CI City of Dubuque Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \Lots 1, 2 & 3 KnepperAddition.mxd PREPARED BY: BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001, PH: 563 - 556 -4389 LOT 17 LOT 18 0 LOT 16 0 LOT 15 4.01306 ME51 /2OF n1E NW ERACTONAL 1/4, 50050 2, 1865, 520 FOUND SCM 0 THE m /t1 �ff 20 2. LOT 14 Final Plat of: Knepper Addition, Dubuque County, Iowa Comprised of: Lot 2 of the 51/2 of the NW Fractional 1/4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, lowo LOT 13 LOT 12 LOT 11 LOT 3 0.063 ACRES N 89'00'52" E 49.67' 1306.47' 1/4 SECTION UNE O i 1 N 89'00'52" E 2612.95(2512.95') PLACED 5/5' IR04 REROD W /0RA4DE PLASTIC CAP MARKED 11O0URER 15487' 0 THE 5W CORNER OF THE NE1 /4 581/4, SECTION 2. TON. R2E 0' 100' 200' SCALE 1' = 200' 400' Ann /4 581/4. SECTOR 2, DON. R21 18 • 0 LOT 10 LOT 9 LOT 8 LOT 7 LOT 6 LOT TIMBER — H LOT 5 300.46'(300.41') N 1^ 5 2 Y R S T EST T ELOT3 � g• (1002 L � i g53 40 10p1' 6t.03 M LOT 30 14 13'p5 x660. .30 FRACTIONAL 1/4. S,CxfO 1 L 00 v „ • 55'3 10x Y OF 708 5112 OF TO tor , LOT E N 89'00'52" E 830.67' 1/4 =no. UNE DETAIL NO —SCALE 0.22 0 Wa 1 O,�TdE�i „yRST LOT 2 • j4 r1/n� S 69'00'52" w 110.58'(110.63') N 1210'57' W 24.76'(24.76') Cor 080 ,eBRS PLACED 5/8' IRON REROD vi/ORANGE RASRC CAP MARKED '02EU1ER 15487' 0 THE SW CORNER OF DIE NE1 /4 SW1/4, 5ECn04 2 1B8N, R2E 21'57•55" E 44.11' N 2157'56" E 26.38' N DETAIL NO —SCALE 5.10'• 2 1/4 1/4 SECTION LINE 2 LOT 1 36.690 ACRES FOUND 1/2' RO0 Vi/YELLOW CAP 514417 (WITNESS CORNER) O 39.30 NORTH OF ME CENTER CF 500005 2. 18611, R2E LOT 2 2.949 ACRES 004104 07 SECTION 2. 880, R2E THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. 39.00' (39') PLACED 5/8' IRON REROD W /ORANGE PLASTIC CAP MARKED 'K00.KER 1548Y 0 THE 5E COMER OF IRE NE1 /4 901/1, SECTION 2, T88N, R2E LEGEND • FOUND STANDARD CONCRETE MONUMENT (sat) ▪ FOUND 5/8' ROD W /ORANGE DAP 35AR7 • FOUND 5/8' ROO W/YELLOW CAP ,4016 Q FWW 1/2' RCO W /YELLOW CAP 514417 B FOUND 5/6' ROO W/1ELLOW CAP 54850 O PLAC0 5/8' IRON R0RC0 W /ORARGE 714500 CAP MARKED '000.014 15467' SURVEYED BOUNDARY LINE PROPERTY UNE 6504 RIGHT OF WAY ( ) RECORD DIMENSION S B9 '07'31' W 1312.95' 564/4 584/4, SECTION 2, 1885. R21 NOTES 1. ALL MEASUREMENTS ARE 44 1 001 AND DECIMALS 040400F. 2. PROPRIETOR OF LOT 2 OF THE 51/2 OF THE NW FRAC110NAL 1/4 AND 1HE NE1/4 SWI/4, (EXCLUDING LOT 1 OF 111E NE1 /4 SM111/4), ALL OF SECION 2. T88N, R2E JOHN L IMEPPER. 2873 TH0RNW000 CT, DUBUQUE, IOWA 52003 3. SURVEYED REQUESTED BY: C3 1NVE51410NTS 1R0ST 4. TOTAL AREA SUR1E6TD 6 39.702 ACRES 5. DVS FLAT IS SUBJECT 10 ALL EASEMENTS OF RECORD AND NOT OF RECORD FOUND SCM 0 THE 51/4 OF SECTION 2. TEM. RTE 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PER50NAL SUPERWSION AND DNAT I AM A DULY UCENS6D LAND SURVEYOR UNDER 1HE LA85 OF THE STATE OF 10WA. TERRY L 00000 R (DATE) 140005E NUMBER 15467 4Y UCF215E RENEWAL DATE 15 DECEMBER 31. 2011 SHEETS COVERED BY 11115 SEAL : SLEETS 1 & 2 UE §SANG allonaioS APO OOSPSYORB 1512 LOCUST A. DulAnuE. 060 556-ax9 CRAM Ent MI 81E0RD OR 14*1 AMU DATE: 3/30/10 ROT GATE 10/18/11 O46 NO 70053 -03 WOE 1' SHEET 1 OF __ Masterpiece on the Mississippi Dubuque All- America City 11111, 2007 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner XI' SUBJECT: Final Plat of Knepper Addition, Dubuque County, Iowa DATE: October 24, 2011 INTRODUCTION The submitted Final Plat of Knepper Addition subdivides an existing parcel of land into three parcels. The submitted Final Plat facilitates the future annexation of a portion of the property to the city of Dubuque. The subject property is currently within Dubuque County. DISCUSSION The submitted Final Plat of Knepper Addition subdivides approximately 39.7 acres into three parcels. The three parcels do not have frontage on a public or approved private street. The Zoning Advisory Commission is reviewing this plat as the property is within two miles of the city of Dubuque, and in fact, is adjacent to the city of Dubuque. The plat consists of three Tots, and the three lots do not have frontage on a public or private street. The 39.7 acres of property is currently primarily used for agricultural purposes or vacant. Planning staff does not have any objection to the submitted Final Plat of Knepper Addition as it facilitates the future annexation of property to the city of Dubuque and the proposed lot splits do not create any additional building lots than currently exist. RECOMMENDATION Planning staff recommends that the Final Plat of Knepper Addition be approved subject to waiving lot frontage requirement for Lot 1, 2 and 3, and waiving lot area requirement for Lot 3. The submitted Final Plat is in all other respect in compliance 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 S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 379 -11 RESOLUTION APPROVING THE FINAL PLAT KNEPPER ADDITION IN THE CITY OF DUBUQUE, AND DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk the Final Plat Knepper Addition in the City of Dubuque, and Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1, Lot 2 and Lot 3 on a public street or approved private street and 2,744 square feet of lot area for Lot 3, where 50 feet of frontage and 5,000 square feet of lot are required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statues and ordinances relating to it. 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, Lot 2 and Lot 3, and 2,744 square feet of lot area for Lot 3. Section 2. That the Final Plat Knepper Addition 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 final plat. Passed, approved and adopted this 21st day of November 2011. Attest: 4. mil/I° %%% Kevin ' irnstahl, Cit Cler Roy D. . uol, Mayor PREPARED BY: BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001, PH: 563 - 556 -4389 LOT 17 LOT 18 0 L01 16 0 LOT 15 LOT 14 Final Plat of: Knepper Addition, Dubuque County, Iowa Comprised of: Lot 2 of the S1/2 of the NW Fractional 1/4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SWl /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, Iowa LOT 13 LOT 12 LOT 11 LOT 3 0.063 ACRES LOT 3 OF THE S1 /2 OF THE NW FRACTIONAL 1/4, SECII0R 2. T88N. R2E N 89'00'52" E FOUND SCU O THE 49.67' WI /4 OF SECTION 2. 809. R2E 8306.47' 1/4 SECTION UNE 0 N 89'00'52" E 2612.95'(2612.951 PLACED 5/8' IRON BEROD IN/ORANGE PLASTIC CAP MARKED -KOET1<ER 15487' O THE SW CORNER OF THE NE1 /4 540/4, SECTON 2. T88N. 112E 1 0' 100' 200' SCALE: 1" = 200' 400' 801/4 501/4, SECTION 2, 186N. RTE 7 • 0 4" LOT 10 LOT 9 • \REF \k °7y LOT 8 TIMBER — LOT 5 300.46(300.41') N 5 89100'52" W 110.58'(110.63') N 12'10'57" W 24.76(24.76') LOT$eglONN2. T BN4 R26/4. LOT 7 LOT 6 Y R S T N • 0836 3 LOT 4 EST T E S LOT 3 1001 9 4 11002 4 �) .53 16 $3.03 N 21'57'56= E 44.11' N 21•5756" E 26.38' DETAIL NO —SCALE PLACED 5/8- IRON RER00 W /ORANGE PLASTIC CAP MARKED '00€U108 15487. 0 THE 584 CORNER OF 111E NEI 4 590/4. SECTION 2, 820 LOT 1 36.690 ACRES ACCESS FOR LOT 1 OF KNEPPER ADDITION SHALL BE ACROSS THE 5E1/4 5501/4 OF SECTION 2. T88N R2E TO KNEPPER LANE DETAIL NO —SCALE W H. i0.i ° put-E B2 'ROnsr 2 LOT 2 4 SECTION 2, Teen. ' o ^ V r THE NN 080970041 1/' 08 N N 89'00'52" E 830.67' 1/4 SECTION UNE/ FOUND 1/2' ROO 0 /YELLOW CAP /14417 (141TNE5S CORNER) 0 39.00' NORTH OF THE CENTER OF SECTION 2. 7788. R2E 1/4 1/4 SECTION UNE LEGEND FOUND STANDARD CONCRETE MONUMENT (5CM) • FOUND 5/8" ROD 0 /ORANGE CAP 815487 • FOUND 5/8' ROD W/1ELL0W CAP 14016 O FaNO 1/2' ROD w /YELLOW CAP 914447 a FOUND 5/8' 40D W ON CAP 84850 O PLACED 5/8' IRON REROD W /ORANGE PLASTIC CAP MARKED 'KOE1EKR 45467 SURVEYED BOUNDARY UNE PROPERTY UNE CENTER UNE R041 RICHT OF WAY ( ) RECORD DIMEN909 NOTES 5 89'07'31" W 1312.95' LOT 2 2.949 ACRES ACCESS FOR LOT 2 OF KNEPPER ADDITION SHALL BE ACROSS LOT 1 OF KNEPPER ADDITION AND THE 5E1/4 SW1 /4 OF 5EC110N 2. IBM R2E TO KNEPPER LANE 0 m6 LOT 30 Rt l4'c4jlP LOT E CENTER 00 SECTION 2. T88N. R2E THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. PLACED 5/8' 80N REROD W /ORANGE PLASTIC CAP MARKED 'KOELKE0 15487- O THE 5E CORNER OF THE NET /4 SWI/4, SECTION 2. 198N, ROE SEI /4 541/4, SECTION 2, T88N, R2E 1. ALL MEASUREMENTS ARE W FEET AND DEOUAIS THEREOF. 2 PROPRIETOR OF LOT 2 Of THE 51/2 OF THE NW FRACTIONAL 1/4 AND THE NEI /4 591/4, (E4CLUDWG LOT 1 OF THE NE1 /4 SW1 /4), ALL OF SECTION 2, 6680. 828: J0141 L KNEPPER, 2873 THORNW00D CT, DUBUQUE, 10WA 52001 3 SURVEYED REOVESTEO BY: C3 INVESTMENTS TRUST 4. TOTAL AREA SURVEYED 15 39.702 ACRES. 5. DNS PLAT 15 5080scT TO ALL EASEMENTS Of RECORD AND NOT OF RECORD FOUND SDI 0 111E 51/4 of SECTION 2. THEN. R2E 39.00' (39') lo , 54 5 MINERAL LOT 486 I HEREBY CERTIFY THAT THIS LAND SURVEYING 00CUMENT 005 `YVOIIANO blHgi PREPARED AND THE RELATED SURVEY WORK WOS PERFORUED BY ME OR KammTula L ``0••••••.,SV" UNDER NY ERECT PER5011AA. SUFIRN510N AND THAT 1 AM A DULY • e- % LICENSED LAND sl.yr,d11DIES THE LAWS OF STATE OF 10WA �EARY L K IKHi DATE) / 5187 2A LICENSE NUMBER 15487 nN • *' MY UCENSE RENEWAL DATE 15 DECEMBER 31. 21)11 �ImAm °� SHEETS COVERED 00 T065 SEAL : MEETS 1 & 2 3UESIINNG £A'G]N£055 AND SUA2£TPAS 1212 LOC3US 5, fi =1/2, M DRAWN BY: J01 CHECKED B0 TAX SURVEY DAM 3 /30 /10 P1O1 GAIL 10/18/11 DAC. NO 10053 -03 SCALE 1' = 200 SHEET 1 OF __ Sheet 2 of 4 Surveyor's Certificate I, Terry L. Koelker, 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 the S1/2 of the NW Fractional 11/4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E 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 KNEPPER ADDITION, Dubuque County, Iowa. Total area of KNEPPER ADDITION is 39.702 acres. Total area of LOT 1 is 36.690 acres. Total area of LOT 2 is 2.9490 acres. Total area of LOT 3 is 0.063 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, the plat of which is attached hereto and made a part of this certificate. BY: .. ) /03-7y Terry L. oelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/11 OWNER'S CERTIFICATE Dubuque, Iowa The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. ohn L. Kneppe State of Iowa ) County of Dubuque ) ss: On this ' day of p7/a.n■4 , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared John L. Knepper, to me personally known, who, being duly sworn did say that said appeared John L. Knepper acknowledged the executiojof said instrument to be thei • .luntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. Dubuque, Iowa TO WHOM IT MAY CONCERN: Notary Public in and for the State of I eemzne.essior) ,Cxp, 1 /.,'q. /fz Attorney's Certificate , 2011 This will certify that I have examined the abstract of title of Lot 2 of the S1/2 of the NW Fractional 1//4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, Iowa covering the period from Government entry to certified on that date by and find that said abstract shows good and merchantable title to said real estate in free and clear of all liens and encumbrances and shows taxes all paid, including taxes for the fiscal year Attorney -at -Law Sheet 3 of 4 County Treasurer's Certificate Dubuque, Iowa , 2011 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes levied against Lot 2 of the S1/2 of the NW Fractional 1//4 and the NE1 /4 SW1 /4 (excluding Lot 1 of the NE1 /4 SW1 /4), all of Section 2, T88N, R2E of the 5th P.M., Dubuque County, Iowa have been paid and said real estate is free from taxes as of this date. Treasurer of Dubuque County, IA County Assessor's Certificate Dubuque, Iowa , 2011 The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa was entered of record in the Office of the County Assessor of the County of Dubuque, Iowa, on the date first written above. County Assessor of Dubuque County City of Dubuque Zoning Advisory Commission Dubuque, Iowa , 2011 The foregoing Final Plat of: KNEPPER ADDITIO , D .uque County, Iowa was reviewed and approved by the City of Dubuque Zoning Advisory Commission ¢ the :atq fir wri -n above. \I ice. Q airperson, i (t of Dubuque Zoning Advisory Commission City of Dubuque Planning Services Dubuque, Iowa Akv. 2-1 , 2011 The foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa is hereby approved by City Planner of the City of Dubuque, Iowa and approval of said plat by the City Council of the City of Dubuque is hereby recommended. Planning Service By: City Planner of the City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa %1 / , 2011 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Final Plat of: KNEPPER ADDITION, Dubuque County, Iowa and all easements shown to the public, as appears heretofore has been filed in the office .f the City Clerk of Dubuque, Iowa and that by Resolution No. 379 -11 the City Council of the City o raubuque, Iowa approves said plat. Mayor of y of Dubuque, IA Clerk of he City o Dubuque, IA Dubuque County Health Officer Dubuque, Iowa 2011 I, the undersigned, Patrice Lambert, Executive Director, for the Dubuque County Health Department has reviewed and examined for compliance with the Dubuque County Board of Health Ordinance that KNEPPER ADDITION, Dubuque County, Iowa and have found said plat to be acceptable. Patrice Lambert, Executive Director Dubuque County Health