Rezoning Request_1172 Main StreetPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4805
(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
THE CITY OF
Dubuque
E'
NIAmerIcaCity
111111
2007
Masterpiece on the Mississippi
July 9, 2012
Applicant: Carol Lammers / John & Rosalie Loes Trust
Location: 1172 Main Street
Description: To rezone property from C -4 Downtown Commercial District to OC Office
Commercial District to allow residential on the first floor.
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, reviewing they proposed to convert the
building to a single - family residence.
Staff reviewed the staff report, noting the surrounding zoning and land use. Staff also
reviewed the former use of adjacent properties.
There were no public comments.
The Zoning Advisory Commission had no objections to the requested rezoning.
Recommendation
By a vote of 5 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,
I '-
Charles Miller, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF
Dui
E
Masterpiece on the Mississippi
['Variance
❑ Conditional Use Permit
['Appeal
❑ Speci I Exception
ed Setback Waiver
ezoning /PUD /ID
Dubuque
ammo
'1II1/
2007
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): + U5cf 149 P4 Loe5 / 5 Phone: 5-0 -57,2 - 6096
['Simple Subdivision
❑Text Amendment
['Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
['Historic Housing Grant
je111 i
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563 -589 -4210
Fax: 563 - 589 -4221
planning (cityofdubuque.orq
❑Certificate of Appropriateness
DAdvisory Design Review (Public Projects)
['Certificate of Economic Non - Viability
❑Historic Designation
❑Demolition in Conservation Districts
['Port of Dubuque Design Review
Address: %' I ,27- G Let k R City: - U Stater Zip: 67,2 e .9
Fax #: Cell #: E -mail:
Applicant /Agent: C oro I 1-.6? /),)111 Phone: S - - S C -- S 3
Address:
'1..I D Moore. 4 I- city:
Cell #: 5-‘3- J l//
Fax #:
Site location /address: (1 7 Z
Existing zoning: C
y
W State: 7-:// Zip: 92 6'05
E -mail: G/r l l LC, ft/ . C v/4
Mme,- Jly -eed - Neighborhood Association: .∎)e- PI/r1nrc/06/90 /ed 7
Proposed zoning: 0C- District: '%/4- Landmark: 0 Yes E' No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): /0 • Z "f • �f S S , 00
Total property (lot) area (square feet or acres): Z (v SS— S P-
Describe proposal and reason necessary (attach a letter of explanation,, if needed):
C-4 �c« / ��.._ c CO cL n,.r .,- e,G l /7-) !✓ o Lr C< (G4w.,Avtit 'C ) 7i7
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 /Agent: �a� i7(t,�U'��
Date: _5- -
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee: ti
Received by.i
Date:' 1) 2- Docket:
1209
1 2
115
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119
116.
1176
0170
1187
1154
1179
157
11
1.182
OR 1134
1042 1069
1042 069
1099
031
Base Data Provided by Dubuque County GIS
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
mcm
°111-'
2007
Vicinity Map
Applicant: Carol Lammers / John & Rosalie
Loes Trust
Location: 1172 Main Street
Description: To rezone property from C-4
Downtown Commercial District to OC Office
Commercial District to allow residential on the
first floor.
Legend
Zoning
Proposed Area to be Rezoned
Path: H:1Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects\1172 Main Street Rezoning 06_06_12.mxd
REZONING STAFF REPORT Zoning Agenda: July 5, 2012
Property Address: 1172 Main St.
Property Owner: Rosalie M. Loes Trust
Applicant: Carol Lammers
Proposed Land Use: Residential Proposed Zoning: OC
Existing Land Use: Commercial Existing Zoning: C -4
Adjacent Land Use:
Former Zoning:
North — Parking
East — Commercial
South — Office
West — Office /Residential
Adjacent Zoning: North — C -4
East — C -4
South — C -4
West — C -4
1934 — Local Business District Total Area: 2,655 sq. ft.
1975 — C -4 Downtown Commercial District
1985 — C -4 Downtown Commercial District
Property History: The building was most recently the site of the Brownstone Gallery.
The building was previously a three -unit apartment building.
Physical Characteristics: The subject parcel is 25 -foot wide and 113 -foot deep.
Frontage is along Main Street and the back property line is adjacent to a paved public
alley. This property slopes from west to east. The parcel is 2,655 square foot in size.
Concurrence with Comprehensive Plan: This request involves the Comprehensive
Plan Land Use Goals: 1.1, 1.2, 1.4, 1.9, 2.5, 6.1, 7.1, 7.3 and 7.8.
Impact of Request on:
Utilities: Staff does not anticipate that any impact on utilities as part of the
proposed rezoning of the property.
Traffic Patterns /Counts: The subject property has frontage on Main Street and has
off - street parking available off a paved public alley on the east side of the building.
There are no traffic counts available for Main Street.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment.
Rezoning Staff Report — 1172 Main St. Page 2
Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent
properties.
CIP Investments: None proposed.
Staff Analysis: The requested rezoning from C -4 Downtown Commercial District to
OC Office Commercial District facilities the rehabilitation of the subject building to a
single - family residence. The structure was in the past used as the Brownstone Gallery
and has been for sale for a number of years. The property is part of the National
Register Upper Main Street Historic District. Previous to the building's use as the
Brownstone Gallery, it was listed as a three -unit apartment building.
The subject property has a commercial building at 1166 Main Street adjacent to the
property on the south side. Next to 1166 Main Street there are existing row houses.
These row houses were rehabbed in the 1990s and were grandfathered in as the C -4
Downtown Commercial District does now allow residences on the first floor. Across
Main Street to the west is St. Luke's Methodist Church and to the north is St. Luke's
parking lot.
The proposed rezoning is necessary to allow the rehabilitation of the structure to a
single - family residence. The C -4 Downtown Commercial District only allows residential
dwellings above the first floor. Off - street parking is available off the paved public alley
to the rear of the property.
Planning staff recommends that the Zoning Advisory Commission review Article 9 -5 of
the Unified Development Code that establishes the criteria for review of rezoning
requests.
Prepared by: /7 Reviewed: AJ /4 Date: 4.Z7- / Z
5 -9 OC Office Commercial
The OC District is intended to encourage and permit the establishment of commercial business
uses in mixed use specialty areas. This district will generally be located in areas which have
developed, or are appropriate to develop, as limited retail districts. This district should also be
located in areas adjacent to established commercial districts, in historic and/or architecturally
significant areas where the adaptive reuse of existing buildings is encouraged, in areas of '
particular tourist interest and along arterial and/or collector streets which are suitable for snore
intensive commercial development.
5 -9.1 Principal Permitted Uses
The following uses are permitted in the OC District:
1. Art gallery, museum or library
2. Artist studio
3. Bakery (retail only)
4. Barber or beauty shop
5. General office
6. Medical office
7. Parking structure
8. Photographic studio
9. Place of religious exercise or assembly
10. Retail sales and service
11. School of private instruction
12. Single - family detached dwelling
13. Two - family dwelling
14. Multi- family dwelling
15. Any other specialty retail Use of a similar nature and intensity
5 -9.2 Conditional Uses
The following conditional uses may be permitted in the OC District subject to the provisions of
Section 8 -5:
1. Bar or tavern
2. Bed and breakfast home
3. Bed and breakfast inn
4. Licensed child care center
5. Licensed adult day services
6. Off - street parking
7. Private club
8. Restaurant
9. Tour home
10. Wind energy conversion system.
5 -9.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Detached garage
2. Fence
3. Garage sale, provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
4. Home -based business
5. Noncommercial garden, greenhouse or nursery
6. Off - street parking of vehicles
7. Satellite receiving dish
8. Solar collector
9. Sport, recreation or outdoor cooking equipment
10. Storage building
11. Tennis court, swimming pool or similar permanent facility
12. Wind turbine (building - mounted).
5 -9.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -9.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14, except that a 25 percent reduction shall be allowed in the OC District for both permitted and
conditional uses.
5 -9.6 Signs
Signs shall be regulated in confonnance with the provisions of Article 15.
5 -9.7 Bulk Regulations
Setbacks'
Min Lot Min Lot Max Lot ` Min Min Min Rear
OCOffice /Commercial Area, Frontage Coverage Front Side
(square . (% lot
feet); (feet) Area) (feet) . (feet) (feet) !_ (feet),'
Max
Height
P ermittedUses
Single - Family 4 5,000 50 50 10
Two - Family 5,000 50 50 10
Multi - Family 1,200 /du - -- 50 10
I
3 i 20 40
3 ' 20_ 40
3 r 1 20 40
Place of Religious
Exercise or Assembly 20,000 i 100 50' 10 10
All Other Permitted
Uses 50 1.0 31
Conditional Uses
Bed and breakfast home { 50 10 3
Bed and Breakfast Inn 50 10
20 75 2
20 40
20 40
20 40
Off- Street Parking Lot
Parking Structure - -- - -- 10 3 3 feet 40
All Other Conditional §£
Uses - -- - -- 50 10 3 1 20 4 0
1 Plus one additional foot per floor above the second floor.
2 Places of religious exercise or assembly may be erected to a height not exceeding 75 feet, provided
that such buildings shall provide at least one additional foot of yard space on all sides for each
additional foot by which such building exceeds the maximum height limit of the district in which it is
located.
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
ORDINANCE NO. 42 -12
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1172 MAIN STREET FROM C -4 DOWNTOWN
COMMERCIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described property
from C -4 Downtown Commercial District to OC Office Commercial District, to wit:
South 23'/2' North % NM 1/5 City Lot 466, and to the centerline 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 upon publications, as provided by law.
Passed, approved and adopted this 16th day of July
Attest:
2012.
OFFICIAL
PUBLICATION
ORDINANCE NO. 42-12
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLASS-
IFYING HEREINAFTER
DESCRIBED PROPER-
TY LOCATED AT 1172
MAIN STREET FROM
C-4 DOWNTOWN
COMMERCIAL DIS-
TRICT TO OC OFFICE
COMMERCIAL DIS-
TRICT.
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA..
Section 1. That Title
16 of the City of
Dubuque Code of
Ordinances, Unified
Development Code, is
hereby amended by
reclassifying the here-
inafter described pro-
perty from C -4 Down-
town Commercial Dis-
trict to OC Office Com-
mercial District, to wit
South 23 'k'. North 'h
NM 1/5 City Lot 466,
and to the centerline 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 Ordi-
nance shall take effect
upon publications, as
provided by law.
Passed, approved and
adopted this 16th day
of July, 2012.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph . Herald
newspaper on the 20th
day of July, 2012.
/s /Kevin 5. Firnstahl,
City Clerk
It 7/20
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 20, 2012, and for which the charge is $13.99.
Subscribed to before m- a Notary Public in and for Dubuque County, Iowa,
this,-47,44 day o , 20 /2 .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154685
o'i' C'a.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby
given thaatothecDubuque
conduct public hear-
ings at a meeting to
commence at 6:30 p.m.
on Monday, July 16,
2012, in the Historic
Federal Building, 350
West 6th Street, on the
following:
Rezoning
Request from Carol
Lammers / John &
Rosalie Loes Trust, to
rezone property
located at 1172 Main
Street from C -4
Downtown Commercial
District to OC Office
Commercial District to
allow residential on the
first floor.
Request from Davin
Curtiss / C3 Invest-
ments Trust to rezone
property located south
of Creek Wood Drive
(Lot 3 of Final Plat of
Knepper Addition),
concurrent with annex-
ation, from County
Agricultural to City R -1
Single - Family Residen-
tial District.
Copies or`5uroo�ting
documents for the-
public hearings are on
file in the City Clerk's
Office and may be
viewed during normal
working hours.
Written comments
regarding the above
public hearings may be
submitted to the City
Clerk's Office on or
before said time of
public hearing. At said
time and place of
public hearings all
interested citizens and
parties will be given -an
opportunity to be
heard for or against
said rezoning.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility need
should contact the City
Clerk's Office at (563)
589 -4120 or TDY (563)
690 -6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl
City Clerk
1t 7/7
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 07, 2012, and for which the charge is $20.66.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this "es5 day o , 20 42, .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commis:Ion Number 154885
�, 00.51171 0.4-
Planning 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
Carol Lammers
410 Moore Heights
Dubuque IA 52003
Masterpiece on the Mississippi
RE: City Council Public Hearing — Rezoning Request
Dubuque
M- America city
11111!
2007
July 6, 2012
Dear Applicant:
The City Council will consider your request to rezone property located at 1172 Main
Street at a public hearing on Monday, July 16, 2012. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation Teamwork
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4805
(563) 589 -4210 phone
(563) 589-4221 fax
(563) 690 -6678 TDD
planning @cityofdubuque.org
John & Rosalie Loes
Rosalie M. Loes Trust
10426 Lake Eleanor Road
Dubuque IA 52003
THE CITY OF
DUB
Masterpiece on the Mississippi
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
Dubuque
111111
2007
July 6, 2012
The City Council will consider your request to rezone property located at 1172 Main
Street at a public hearing on Monday, July 16, 2012. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service
People
Integrity
Responsibility
Innovation
Teamwork