Reclassification of Property North of 2275 Elm Street from R-2A to CS District
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Prepared by: Laura Carstens. City Planner
Address: 50 W. 13th St.. City Hall
Telephone: 589-4210
ORDINANCE NO. 2 -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF 2275 ELM STREET
(LOT 2 OF AMBLING SUBDIVISION) FROM R-2A ALTERNATE TWO-FAMILY
RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter described
property from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District, to wit:
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Lot 2 of Ambling Subdivision, and to the center line of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 4th day of January, 1999.
Attest:
2?!wD~,~rk
. schmitz.ord
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THE CITY OF ~
DUBuQuE
~<k~
Planning Services Division
City Hall. 13th & Central Avenue
Dubuque. Iowa 5200]
(3 I 9) 589.4210
PLANNING APPLICATION FORM
Zoning Board of Adjustment
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
Zoning Commission
)5.. Rezoning
_ Planned District
_ Preliminary Plat
_ Minor Final Plat
- Text/Plan Amendment
Development Services
_ Simple Site Plan
_ Minor Site Plan
_ Major Site Plan
_ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
--r-,; . - ,~
Property Owner(s): J t) cia ~c..~ 1'\1\"., 1'2... Telephone: 3 J'7 - S~d -7000
,
Address: ;3()75: f:.l- J1/\. Sf-City: n-b \/t""e State: :::;;4- Zip: S;;}t:Ji) I
Applicant/Agent: ---7()clcl Sr ~~ '~1'Z- Telephone:
Address: ~7 5 CL--- S 1- City: Vub "'j ...1( State: :::Z::-.,4 - Zip: -~do:)l
~1'L- f I N(!,\~ a4- c;>'C}""7'!r E:.L~S.,.
Existing Zoning:
Proposed Zoning:
L~
Legal Description (metes and bounds. or lot number/block number/subdivision):
L O! D2 C>-t- A J1.1 to h vtj (-~ v b 6i 1 tli'5..i (7 Al
Total Property (lot) Area (Sq. Feet or Acres):
;}l/3~
Number of lots:
J
Describe proposal and reason necessary (attach letter of explanation if needed):
W1S~ 1"0 ~~20~ ~et ~.e.i^ A~D ~€'f"'-'if" b.c.J~INC?.s.S
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 a publiC record;
2) Fees are not refundable and payment does not guarantee approval; and
3) All additional re,juired ,;~~ten Jnd graphic materials are attached.
Property Owner(s): ~~ ~~ Date: )CJ-30- qg'
Applicant/Agent: Date:
. J FOR O~FICE US~ ONLY - APPLICATION SUBMITTAL CHECKLIST
ee: Z~ q . J~ Received by: &- ~/'-'I-e-.....j\..,.J Cd-{ Date~ Docket:
Property Ownership List: ~/ Site Plan: Floor Plan: Plat:
Cqtlceptual Development Plan: Improvement Plans: Other:
:3en'ice
People
Integrity
Responsibility
Innovation
Teamwork
II
Area to be rezoned.
Applicant: Todd Schmitz
Proposal: To rezone from R-2A
Alternate Two-Family Residential District
to CS Commercial Service and Wholesale
District for an auto repair business.
11/9/98/km
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REZONING STAFF REPORT
Zoning Agenda: 12/2/98
Property Address:
Lot north of 2275 Elm Street
Property Owner:
Todd Schmitz
Applicant:
Todd Schmitz
Proposed Land Use: Commercial (Auto Sales & Service)
Proposed Zoning: CS
Existing Land Use: Residential
Existing Zoning: R-2A
Adjacent Land Use: N--Residential: E--Residential: S--Commercial (Auto Repair):
W--Residential
Adjacent Zoning: N--R-2A: E--R-2A: S--CS: W--R-2A
Former Zoning:
1934 ill 1975 R-4 1985 R-2A
Total Area: 2.438 sq. ft.
Property History: The subject property is being replatted and split from a parcel
that is residential and is a through lot which also has frontage on Washington
Street.
Physical Characteristics: The area of the lot to be rezoned is located on the west
side of Elm Street just north of Cyclone Auto Sales. The lot is L-shaped with the
front area 10 feet wide and 72 feet deep. The back portion of the lot is 50 feet
wide and 35 feet deep. There is a garage on this portion of property, which was
constructed in 1974.
Concurrence with Comprehensive Plan: 1965 Gruen Plan--Apartments-Medium
Density. 1990 DMA TS Plan--Commercial/Principle Arterial.
Impact of Request on:
Utilities: No adverse impact to the utility usage is anticipated if this property is
utilized for automobile service and sales.
Traffic Patterns/Counts: There should be no change in traffic generation.
Access is from Elm Street, which is a substandard City street due to its
narrowness.
Public Services: Public services are available to serve this property.
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REZONING STAFF REPORT
Page 2
Environment: The proposed use is automobile sales and service, so the
anticipated change is from a residential use to an automobile service/storage
area, which will have to be screened from off-premise view.
Adjacent Properties: The anticipated impact on adjacent properties is the
expansion of an automobile service/storage business, which will be required to
be screened.
CIP Investments: The City of Dubuque is in the process of constructing a
bike/hike trail to the east of Elm Street.
Staff Analysis: The applicant is the proprietor of Cyclone Auto Sales at 2275 Elm
Street. His intentions are to purchase a portion of the property to the north and
west of his property to allow for the expansion of his business. This portion of
property is owned by Warren Amling, who has a multi-residential structure that
fronts Washington Street. This property consists of one lot at this time. If the
rezoning is approved, the property would have to be replatted and recorded.
There is a garage located on the portion of the lot that the applicant intends to
purchase. He has informed staff that the garage would be removed. If not, a
variance would be required, as the preliminary plat shows the garage too close to
the rear property line. Additionally, the applicant will need to screen this portion of
the property (reviewed through the site plan review process), as he intends to
expand his operation into this area.
The newly created plat also will require Zoning Advisory Commission and City
Council approval. Even though it is a simple plat, the portion to be purchased by
the applicant will not meet our lot bulk regulations (10 feet of frontage, 60 feet
required). As part of this transfer of property, Warren Amling will need to seek a
variance for creating a lot with less area than is required for that structure, as well
as create parking or seek a variance to replace what is lost to Todd Schmitz (garage
and driveway). Please review the attached letter dated September 23, 1998 to
Warren Amling, which specifies all that is required.
Staff recommend that the Commission review Section 6-1 of the Zoning Ordinance
concerning zoning reclassifications.
Prepared by: ~eViewed: ?fI-lr
Date: //"75'-18
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Planning Services Department
50 West 13th Street
Dubuque, 10\\'il 52001-4864
DUB~E
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September 23, 1998
Warren Amling
Route 2, P.O. Box 141
La Motte, IA 52054
RE: Plat of Property at 2274 Washington Street
Dear Mr. Amling:
This letter is intended to provide information on what approvals are necessary for your
submitted plat to become a recorded document. Most of this - information was
discussed when we met earlier this month.
Typically, replatting a property from one parcel into two parcels is a simple plat and
requires approval from the City Planner. In some instances, simple plats need further
approval from the Zoning Advisory Commission and City Council. Examples of plats
that require their approval include plats with less than the required lot frontage and lot
area.
This particular plat will require approval from the Zoning Advisory Commission and City
Council, as the newly created Lot 2 has only 10 feet of frontage and 2,438 square
feet of area. The minimum requirements of the R-2A Alternate Two-Family Residential
zoning district are 25 feet of lot frontage and 2,500 square feet of lot area. Lot 2 is
made non-conforming for two reasons: 1) The garage located on this lot is defined as
an accessory structure. Accessory structures are not allowed on a residential property
unless a principal structure (house) also is located wholly, or partially, on that same
property; and 2) The garage has an approximate 3-foot rear yard setback, where a
minimum of 6 feet is required. If your intention for this lot is to use it for the adjacent
auto repair/body shop, you or the owner of that business would need to rezone the
property to an appropriate district (CS Commercial Service and Wholesale District), as
well as obtain a variance for the garage setback. An additional concern is that an
easement exists for underground utilities that runs under this garage. That situation
should be rectified.
Lot 1 of this property is zoned R-2A District, which allows for single-family or two-
family residential structures. This residence has an existing 3-plex, which is a legal
non-conforming use. Additionally, parking requirements are 1.5 spaces for each unit,
Service
Responsibility
Innovation
Tea 111 work
People
Integrity
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Plat of Property at 2274 Washington Street
Page 2
which with the loss of the garage, would require the creation of new off-street
parking, or a variance for off-street parking spaces. A variance also would be
necessary to allow for the decrease in lot area to less than what is required.
Please contact me at 589-4210 regarding applying for these procedures, or if you have
any questions regarding this letter.
cc Joe Bitter, Attorney, 5th and Locust Streets
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Pbnning Services Dep.1rtment
50 West 13th Street
Dubuque, IOWJ 52001-4864
THE CITI OF ~
DUBL~
5IifW'7~~
NOTICE OF PUBLIC HEARING
The Zoning Advisory Commission will hold a public hearing on proposed zoning
changes and/or development plans in your neighborhood. The public hearing will be
held:
DATE:
Wednesday, December 2, 1998
TIME:
6:30 p.m.
PLACE:
Auditorium, Carnegie Stout Public Library
360 W. 11 th Street, Dubuque, Iowa
.
At the public hearing, all interested parties may present oral and written comments
for or against the following proposal:
APPLICANT:
Todd Schmitz
LOCATION:
North of 2275 Elm Street (Lot 2 of Ambling Subdivision)
PROPOSAL:
To rezone from R-2A Alternate Two-Family Residential
District to CS Commercial Service and Wholesale District
for an auto repair business.
Additional information is available during regular business hours at: Planning
Services, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone
(319) 589-4210. Written comments may be sent to the Zoning Advisory Commission
at this same address.
.
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0' a~, Ii'!! aL~ ~'v Chv[c, 'lifaL 1-- -C-"~I/J,vU&j ",1 d'{)I
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Service
rC'0ple
fntcgrity
Respol1sibility
rl1l1o\'~tiOI1
Tc.J111 \\'ork
II
Area to be rezoned.
Applicant: Todd Schmitz
Proposal: To rezone from R-2A
Alternate Two-Family Residential District
to CS Commercial Service and Wholesale
District for an auto repair business.
1119198Jkm
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DUB~JE
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
December 10, 1998
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning - R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District
North of 2275 Elm Street (Lot 2 of Ambling Subdivision)
Todd Schmitz
Dear Mayor and City Council Members:
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 noting that with the construction of
Heritage Trail, he will be losing parking. The proposed rezoning would provide an area
for customer parking and vehicle storage. Staff noted receipt of several letters of
opposition.
The Zoning Advisory Commission reviewed the proposed layout and location of off-
street parking. The Commission also reviewed the required screening of the proposed
rear parking and storage area and surrounding zoning.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~ ~Jun,
Jeff Stiles, Chairperson
City Zoning Advisory Commission
Attachments
Service
People
Responsibility
Teamwork
Integrity
Innovation
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, January 4, 1999 at a meeting to commence at 7:00 P.M. in the Public Library
Auditorium for the purpose to consider an Ordinance reclassifying property located
North of 2275 Elm Street (Lot 2 of Ambling Subdivision) from R-2A Alternate Two-
Family Residential District to CS Commercial Service and Wholesale District. (Copy of
proposed Ordinance is on file in the City Clerk's Office and may be viewed during
normal working hours.)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 21 st day of December, 1998.
Mary A. Davis CMC
City Clerk
It 12/25
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" "DEe-16-98 W~D 04: 54 PM
clnj,'~~:..:,:", .~'1\~Ul:, IOWA
. ~,AL NonCE
NOTICE Is heroby giver! lhal
lhe Dubul'JI,le Cily Council will
conduct tl public honrino on
MOIl~:.lY, J""UDry ~, 1999 al El
moolil1p to commence al 7:00
P.M. In tho Puulic Libnlry
AutJilorilllTl lor the purpose to
cOI,sider l\n OrdinFlnce reclos.
sifylng ,properlY looaltld North
or 2270 Elm Slreet (Lol 2 or
Ambling SubdiVision) from R.
2A Allcmnto Two-Family nasI-
denlinl Dislrict 10 CS Com-
more!,,1 Service and WhOltlsale
Districl. (Copy of proposed
O,'dillllt1CO i'J on liIe in the Cily
Olerlt':; Omes ::md rn:lY bi
viewl!ld (IlJring nonTlol workinlJ
hOllrs.)
Wtlllen commonts tllgllrding
llbove reclassificalion m~y be
submlllacj to U,e Cily Clorl( on
or be fora IjOIt'! or public hear-
Ing.
AI $llld time ond place of
publio hO<lrlng, 011 lntoresled
citizens tlnd parlias will be
givan an opportunity to be
hcord for or against s~ld re-
c)ossificalioll.
Any visuol or hearing im-
p~lrtld persons nGeding spo-
CUll ;JllSISlnncQ or pCilISonS with
el?ooial accessibility. needs
should contnclllle Clly Clerk's
Offioe at (310) 589-11120 or
TDD (319) 5BIH193 in Ihe
HUlTlnn Right!: D$pflrlment at
loai;l liB hours prlc" to the
11'1 0(1 Iin(J.
Puulishcd by orner of the
Ci1Y Cotlncil givon on Ihe 21st
doy or Decembor, 1996.
MalY A. DQvlS CMC
CllyCf~tlc
1\ 12/25
TELEGRAPH HERALD
FAX NO. 3195885782
P. 04
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