Zoning - 243 Valley St
THE CITY OF
Plarming Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
~~~
November 14, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Greg & Nancy Adams
Location: 243 Valley Street
Description: To rezone property from R-1 Single-Family Residential District to R-2
Two-Family Residential District.
l~-
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 the request to rezone the
property and noting that the topography of the parcels precludes more than two
duplexes being built if the property is rezoned.
Staff reviewed surrounding zoning and land use, and noted the site was formerly used
as part of a "grandfathered" tree service business.
There were several public comments expressing concern over storm water problems,
traffic and negative impact to the value of surrounding properties.
The Zoning Advisory Commission discussed the request, noting that the former use of
the site by a tree service was more intense than the current request. Commissioners
discussed the potential number of dwelling units if rezoned to R-2.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request with following condition: 1) That development of the
subject parcels be limited to four (4) single-family detached dwellings or two (2)
duplexes.
Iowa Code requires that the property owner(s) agree, in writing, to a conditional
rezoning prior to the close of the City Council public hearing.
Service
People
Integrity
Responsibility
Innovation
Teamwork
243 Valley Street
November 9, 2005
Page 2
A simple majority vote is needed for the City Council to approve the request as a
conditional rezoning.
A super majority vote is needed for the City Council to remove or change the condition
recommended by the Commission.
Respectfully submitted,
~~~~
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
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Gty of Dubuque
Pla'-'I';ng Services Department
l:ubuque, lA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpedal Exception
DUmited Setback Waiver
.~ezoning
o Planned District
OPrelirninary Plat
o Minor Rnal Plat
OText Amendment
DSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Rnal Plat
OSimple Subdivision
OAnnexatioll
OTempora'1' Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther: _,
Please tvDe or Drint leQiblv in Ink
Propertyowner{s): G~J:l:r.-AdC\% NA{'J<'~I j.. ftrM'f\s. phone:51,~~.5"(JO-J()lb
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Address: 1. tJ7 0 '1 SA tJ.hlliXl5 t CT. oty: 0 /j y Slate1A Zip: 1;;;.00 d-
Fax Number: 5L3- ~ -j1Cjrj Mobile/Cellular Number: (b.1~, sqo -050'1
Applicant! Agent: \ PI fhi Phone:
Address: 5 '\\ "" \: Oty: State: - ;~p:
Fax Number: ,~ !Jl....f Mobile/Cellular Number: \ A- Yht
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SitelocatiOn/address:\!\\U~J ~ z-'Y.3 YALLE,"" ~T ,
Existing zoning: f.. - I Proposed zoning: tL. ;;1, Historic District: tJo Landrr:arlc j.JC
10 .;:;457t:)1(p
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Total property (lot) area (square feet or acres): I.:J... 't- flC/Z.E
Describe proposal and reason necessary (attach a letter of explanation, if needed): .JiL8E fJ l4 ~h B." V
SlrJl 81 C:,d'E (Jvp{lw "-0 E:-€l.o,J-E:: Fn::...;V\ "-I, -ro IC--Z-
CERTIFICATION: l/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and oorrect to the best of my/our know1,!dge and upon
submittal becDmeS public record;
Fees are not refundable and payment does not guarantee approval; and
All additional requined written and graphic materials are attached.
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Applicant/Agent ro Il '1 ~LJ
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3.
Date: Oc1/ _~?(J[):';
Date: ue"t, 3. Up(
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FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKLIST
Fee~-3-.-- Received by: ~- Date:jc!'f/~ Dod:et:
DSitejsketch plan 0 Conceptual Development Plan DPhoto DPlat
Dlmprovement plans DDesign review proj~ desoiption DAoor plan DOtheI':
PLAT OF SURVEY - RETRACEMENT
LOTS 1-30, 31,. 32 AND 33 OF OAK GROVE ADDIllON
I~ THE CITY OF DUBUQUE, IOWA
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FOUND 1 1/4" IRON PIPE UNLESS NOTED
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( ). RECORD INFORIAA liON
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1HIS SURVEY IS SUBJECT TO EASEMENTS.
RESERVATIONS, RESTRICllONS AND RIGHTS-
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ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOf.
PROPRIETORS: LARRY & DEBRA .LYONS
SURVEYED FOR: LARRY LYONS
TOTAL AREA SURVEYED: 1.24 ACRES
DATE OF SURVEY: DECEMBER. 2002
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REZONING STAFF REPORT
Zoning Agenda: November 2, 2005
Property Address: 243 Valley Street
Property Owner: Greg and Nancy Adams
Applicant: Same
Proposed Land Use: Residential
Proposed Zoning: R-2
Existing Land Use: Vacant/Residential
Existing Zoning: R-1
Adjacent Land Use: North - Vacant/Residential
East - Vacant/Residential
South - Vacant/Residential
West - Residential
Adjacent Zoning: North - R-1
East - R-1
South - R-1
West - R-1
Former Zoning: 1934 - Two-Family
1975 - R-2
1985-R-1
Total Area: 1.2 acres
Property History: The property was originally developed for residential purposes and
subsequently became a staging area for a non-conforming tree service business. The
former residences on the property were recently demolished and the property is
currently vacant except for some stacked wood and a storage shed.
Physical Characteristics: The property is approximately 1.2 acres on four lots located
on a very steep portion of Valley Street. The property has approximately 230 feet of
frontage along Valley Street and is over 200 feet deep at its deepest point. The
property consists of two level areas - the first approximately 12,000 square feet and the
second approximately 2,500 square feet. The properties are terraced with an
approximately 14-foot embankment between them. The west portion of the subject
property is separated from the adjacent residential lot by an approximately 24-foot high
embankment. The east portion of the subject property is separated from the adjacent
residential lot by an approximately 30-foot high embankment. There is a relatively
sharp curve in Valley Street at the east end of the property.
Concurrence with Comprehensive Plan: The Land Use Element of the
Comprehensive Plan states, "to promote inclusive and economically integrated
neighborhoods that allow a diverse mix of residences and housing types, and to provide
a range of housing options throughout the community." The Land Use Element also
states, "to buffer and protect incompatible uses from each other."
Rezoning Staff Report - 243 Valley
Page 2
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Iowa Department of Transportation average daily traffic
counts indicate 704 vehicle trips per day along Valley Street in front of the subject
property.
Public Services: Existing public services are adequate to serve the site if fully
developed for residential uses.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development.
Adjacent Properties: The level, buildable areas on the subject property are well
removed in distance and elevation from the adjacent residential properties.
Redevelopment of this currently vacant lot, that contains some refuse and a
storage shed, should have a positive impact on the subject property and adjacent
properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone four lots for a total of 1.2 acres
from R-1 Single-Family Residential District to R-2 Two-Family Residential District. The
subject property consists of two level buildable areas separated by steep terraces.
Valley Street, in front of the subject property, is steep and curved. Although the square
footage of the subject property may allow up to four duplexes at this location, the
property is unlikely to be fully developed because of the topography. Residential
structures at this location will be well separated from adjacent residences in both
distance and elevation. The redevelopment of this property will serve to remove a non-
conforming tree service, storage shed and stored materials.
Staff recommends the Commission review the criteria established in Section 6-1.1
regarding zoning reclassification.
Prnpa"", by' ~""""""'Ai- R,,;owed, li! 1 Jf!-o.te,
F v
If)' l.fc .05
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 243 VALLEY STREET FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT
WITH CONDITIONS.
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-1 Single-Family Residential District to R-2 Two-Family Residential
District, with conditions, to wit:
Lot 1 of Lot 30, Lot 31, Lot 32 and Lot 33 of Oak Grove Addition, 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 immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of
rezoning of the property described as:
Lot 1 of 30, Lot 31, Lot 32 and Lot 33 of Oak Grove Addition,
and to the center line of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 92-05, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and
are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That development of the subject parcels be limited to four (4) single-family
detached dwellings or two (2) duplexes.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-2A Alternate Two-Family Residential
District (which rezoning will include the removal of the performance standards in
Section A above) if the property owner fails to complete any of the conditions or
provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by
the City Council of Dubuque, Iowa.
D) RecordinQ. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within ten (10) days of the adoption of Ordinance No. 92-
05.
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Appendix A of the Code of Ordinances of the City of Dubuque, also
known as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs,
successor and assignees.
ACCEPTANCE OF ORDINANCE NO. 05
We, Greg J. and Nancy T. Adams, property owners, having read the terms
and conditions of the foregoing Ordinance No. -05 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this
day of
2005.
By
Greg J. Adams
By
Nancy T. Adams
Petition to the City of Dubuque Zoning Advisory Commission
We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning
of the property at 243 Valley Street in Dubuque, IA from Rl: SinglecF'amily Residential
District to R2: Two-Family Residential District for the following reasons:
Pri~d Name / _
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CITY OF DUBUQUE
PLANNING SERVICES DEPAR NT
1. Weare opposed to this rezoning because we do not believe "spot rezoning" should
be allowed in a neighborhood that is zoned Rl. There are not any lots in the
nearby area or neighborhood that are zoned R2. We do not want to see this said lot
"spot rezoned" to R2.
2. We are opposed to this rezoning because it will create excessive water run off.
Since the said property could potentially be rezoned R2 there will probably be a
large, paved parking lot. This will create even more water run off than the houses
below the said property currently experience.
3. We are opposed to this rezoning because Valley Street is already an extremely
busy, heavily used street and with the opening of the new Hyvee store this Fall, it
will make Valley Street even busier. The property at 243 Valley Street is located
at a very dangerous comer. The comer has a very sharp bend in it just before the
said property, and you can not see approaching cars until you get right at the
comer. We believe cars leaving and entering the said property will make this even
more of a hazardous comer.
4. We are opposed to this rezoning because Valley Street is already a very narrow
street in which cars are allowed to park on both sides of the street. Currently, there
aren't any cars that park on this side of the street since there aren't any houses
there, but if this property is rezoned it will mean more cars parked on the street,
even if there is a parking lot. These additional cars on the street will only make
this section of Valley Street even more hazardous. Also, because Valley Street is
on a steep hill the cars have a tendency to pick up speed when going up hill as well
as down hill. All of these concerns are compounded and even worse during the
winter season since the road is so steep and is very slippery. Also, after it snows
and the snowplows come through, the road is even narrowe.r.
5. We are opposed to this rezoning because this is also our children's neighborhood
and they play in and around this area and we parents are cOFlcemed for our
children's safety. Additional traffic and cars in this area will only make this area
more dangerous. As mentioned above, this section of Valley Street, at and around
the said property, is a very busy, narrow road with a dangerous comer. We do not
want to see any additioJYjtraffic on this road.
F. Paul and Janice Loes
250 Valley St.
Dubuque, Iowa 52003
October 24, 2005
Zoning Advisory Commission:
We, the property owners of 44 years, F. Paul and Janice Lees, of250 Valley Street
STRONGLY oppose the rezoning of our neighborhood from an Rl to an R2.
We do not believe in SPOT ZONING! And this is just what it would be. This property is
right above a very dangerous curve, both in the summer and especially in the winter.
With the additional traffic it would become even more dangerous.
We truly hope that you would deny such a request and listen to the property and tax
payers of this street and neighborhood.
Thank You for your consideration in this matter.
F. Paul and Janice Loes
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Petition to the City of Dnbnqne Zoning Advisory Commission
We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning
of the property at 243 Valley Street in Dubuque, IA from RI: Single-Family Residential
District to RZ: Two-Family Residential District for the following reasons:
Printed Name
Address
Signature
Date
Igor @U1yana
Kogoutiouk
852 Rush St., Dubuque, IA
10/28/05
~
1. We are opposed to this rezoning because we do not believe "spot rezoning" should
be allowed in a neighborhood that is zoned RI. There are not any lots in the
nearby area or neighborhood that are zoned RZ. We do not want to see this said lot
"spot rezoned" to RZ.
2. We are opposed to this rezoning because it will create excessive water run off.
Since the said property could potentially be rezoned RZ there will probably be a
large, paved parking lot. This will create even more water run off than the houses
below the said property currently experience
3. We are opposed to this rezoning because Valley Street is already an extremely
busy, heavily used street and with the opening of the new Hyvee store this Fall, it
will make Valley Street even busier. The property at 243 Valley Street is located
at a very dangerous comer. The comer has a very sharp bend in it just before the
said property, and you can not see approaching cars until you get right at the
comer. We believe cars leaving and entering the said property will make this even
more of a hazardous comer.
4. We are opposed to this rezoning because Valley Street is already a very narrow
street in which cars are allowed to park on both sides of the street. Currently, there
aren't any cars that park on this side of the street since there aren't any houses
there, but if this property is rezoned it will mean more cars parked on the street,
even if there is a parking lot. These additional cars on the street will only make
this section of Valley Street even more hazardous. Also, because Valley Street is
on a steep hill the cars have a tendency to pick up speed when going up hill as well
as down hill. All of these cOJlcerns are compounded and even worse during the
winter season since the road" is so steep and is very slippery. Also, after it snows
and the snowplows come through, the road is even narrow.
- 5. We are opposed to this rezoning because this is also our children's neighborhood
and they play in and around this area and we parents are concerned for our
children's safety. Additional traffic and cars in this area will only make this area
more dangerous. As mentioned above, this section ofVa1ley Street, at and around
the said property, is a very busy, narrow road with a dangerous comer. We do not
want to see any addition traffic on this road.
.\
243 Valley Street ~
Rezoning Request
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MEMORANDUM
November 7,2005
TO:
1v1ichael Van Milligen, City Manager
v'Jeanne Schneider, City Clerk
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT: Percentage of Opposition for Rezoning at 243 Valley Street
Planning Services staff has reviewed a petition of opposition to the rezoning request for the property
at 243 Valley Street submitted by adjacent property owners, The request is to rezone the property
from R-1 Single-Family Residential zoning district to R-2 Two-Family Residential zoning district.
The Zoning Advisory Commission approved this request at their November 2, 2005 meeting. The
request was approved with the condition that development on the property be limited to four single-
family units or two duplexes. The property in opposition equals 67.1 % of the adjacent property within
200 feet of the rezoning. Therefore, it will require a super-majority of the City Council to approve the
rezoning request
This memo is provided for your information.
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Petition to the City of Dubuque Zoning Advisory Commission
We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning
of the property at 243 Valley Street in Dubuque, IA from RI: Single-Family Residential
District to R2: Two-Family Residential District for the following reasons:
Printed Name
Igor Kogoutiouk
Address
852 Rush Street
852 Rush Street
Date
11110/2005
Ulyana Kogoutiouk
h
11110/2005
1. We are opposed tq this rezoning because we do not believe "spot rezoning" should
be allowed in a neighborhood that is zoned Rl. There are not any lots in the
nearby area or neighborhood that are zoned R2. We do not want to see this said lot
"spot rezoned" to R2.
2. We are opposed to this rezoning because it will create excessive water run off.
Since the said property could potentially be rezoned R2 there will probably be a
large, paved parking lot. This will create even more water run off than the houses
below the said property currently experience
3. We are oPPosed to this rezoning because Valley Street is already an extremely
busy, heavily used street and with the opening of the new Hyvee store this Fall, it
will make Valley Street even busier. The property at 243 Valley Street is located
at a very dangerous comer. The comer has a very sharp bend in it just before the
said property, and you can not see approaching cars until you get right at the
comer. We believe cars leaving and entering the said property will make this even
more of a hazardous comer.
4. We are opposed to this rezoning because Valley Street is already a very narrow
street iD. which cars are allowed to park on both sides of the street. Currently, there
aren't any cars that park on this side of the street since there aren't any houses
there, but if this property is rezoned it will mean more cars parked on the street,
even if there is a parking lot. These additional cars on the street will only make
this section of Valley Street even more hazardous. Also, because Valley Street is
on a steep hill the cars have a tendency to pick up speed when going up hill as well
as down hill. All of these concerns are compounded and even worse during the
.winter season since the road is so steep and is very slippery. Also, after it snows
. andtl1e snowplows come through, the road is even narrow.
S . We are opposed to this rezoning because this is also our children's neighborhood
". and they play in and around this area and we parents are concerned for our
children's safety. Additional traffic and cars in this area will only make this area
. more dangerous. As mentioned above, this section of Valley Street, at and around
t.tte:said property, is a very busy, narrow road with a dangerous comer. We do not
want to see any addition traffic on this road.
TOOIi!I
!I:>I.!I.!IO SNV!lU .L!IS:>
S60T6H&LOS XV.!I so:to SOO7./11/11