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Plat of Survey_Dorgan's Subdivision, 251-253 W. 17th StreetPlanning 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 he Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque THE CITY OF Dui 1111.' 2012 Masterpiece on the Mississippi January 8, 2013 Applicant: City of Dubuque Location: 251 -253 W. 17th St. Description: Plat of Survey Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 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 Staff Member Kyle Kritz reviewed the staff report, noting that the property owner is selling a portion of the parcel to the City for right -of -way purposes. The Plat of Survey must be reviewed by the Zoning Advisory Commission and City Council, as the selling off of the subject parcel to the City creates a substandard lot in terms of lot area and lot frontage. There were no public comments. The Zoning Advisory Commission discussed the request and had no objection. Recommendation By a vote of 5 to 0 with one abstention, 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, AA6 AA- Charles Miller, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF Masterpiece on the Mississippi ❑Variance ['Conditional Use Permit DAppeal ❑Special Exception DLimited Setback Waiver DRezoning Dubuque hezi man 11111.' 2007 PLANNING APPLICATION FORM ['Planned District ['Preliminary Plat ❑Minor Final Plat ['Text Amendment ['Simple Site Plan DMinor Site Plan Please type or print legibly in ink Property owner(s): ['Major Site Plan ❑Major Final Plat Simple Subdivision ['Annexation ['Temporary Use Permit Ronald Joseph and Patricia Ann Harter Address: 440 Moore Heights Fax Number: City: Dubuque Cellular Number: City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563- 589 -4210 Fax: 563- 589 -4221 DCertificate of Economic Non - Viability ❑Certificate of Appropriateness ❑Historic Designation DNeighborhood Assoc DAdvisory Design Review ['Other: Phone: State: IA Zip: 52003 E -mail Address: Applicant /Agent: City of Dubuque / Engineering Department Phone: 589 -4270 Address: 50 W. 13th Street City: Dubuque State: IA Zip: 52001 Fax: Cell: E -mail: Site location /address: 251 — 253 W. 17th Street Neighborhood Association: N Existing zoning: R -4 Proposed zoning: N/A District: N/A Landmark: No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): 5,429 sq. ft. See Plat Describe proposal and reason necessary (attach a letter of explanation, if needed):. Subdivided lot to facilitate right -of -way acquisition by City of Dubuque 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): Applicant /Agent: Date: Date: /02.3 /92- FOR OFFICE USE ONLY — APPLICATION SUBMIIT; ,/ Fee: Received by: ❑ Site /sketch plan n Improvement plans Ll Conceptual Develo ent Plan CHECKLIST Date: /Z :3 '12 Docket: ❑Photo n Plat ❑ Design review project description 11 Floor plan 11 Other: PHONE: (563) 556 -4389 a 3 0 ADDRESS: 1212 LOCUST STREET. PREPARED BY: BUESING & ASSOCIATES N 500 %j LOT 1A 996 SAt"w \ 1 R, ✓.I^ \ PIN 0 0.4' BEHIND BACK OF CURB `3G RGWj\\ GR N 9- H6� /e '1108 0sY 5 ' Roo Is / N / 1.3R NORTH OF ROW LINE ADw 202 O0N4,o OQRc Plat of Survey of: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa Comprised of: Lot 1 -14 of Dennis Dorgan's (aka Dorgan's) Subdivision of Out Lots 672 and 673, in the City of Dubuque, Iowa CC =1 L 53'21'12" RADIUS 36.00' ARC 3352' TANGENT 18.09' CHORD 32.33' 's BEARING 853'03'27"W 6 OVi LOT 6224 v2� •1>1. 15'00 MIS 15 AN ASUMED BEARING FOR THE PURPOSES OF TH15 SURVEY `,ONLY. DETAIL NO —SCALE / / PROPERTY CORNER 5 0.4' BE080 BACK OF CURB / NOTE THIS SURREY IS LOCATED IN THE 741V4 k 10/4 OF SECTION 24, 8e877. RRE (DUBUQUE OF THE 5114 P.M., IN THE Cm OF DUBUQUE, 0110000E COUNTY. IOWA 1 0' 20' 40' SCALE: 1" = 40' LEGEND • FOUND 0/4' PIPE ® FOUND 0' IRON PIPE (UNLESS DTHER8SE NOTED) O PLACED CUT 3 PLACED MAC NAIL O PLASP0 CAP 948000 ''NOELKER 15482" 00880100 BOUNDARY LINE PROPERTY ONE ORIGUNAL L01 L1NE5 — CENTER LINE ROW _ RIGHT OF WAY —_OLD ROW OLD RIGHT 0E WAY /PROPERTY LINE ///303048///ii0 DWELLING FOOTPRINT CURB —X —X— EXISTING FENCE ( ) REO0RO O9,7201004 y SQUARE FEET IP IRON PIPE ele ALSO 44010 AS NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. z. 8008810.000 CF LOT 1 -14 OF DENNIS 0080041'0 1088 07,472005) SUeo111000; RONALD JOSEPH 8 440810IA ANN HANIEN 440 M00RE HE,4800 DUBUQUE. IA 52003 3. SURVEYED REQUESTED BY: RON TURNER, CITY OF 008000E. 4. T0TAL AREA OF PERIMETER SURVEYED IS 5.424 SF 5. THIS PLAT IS S0BJECI TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT 0115 LAND SURVEYING DOCUMENT VIAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY 01RECT PERSONAL SUPERVISION AND THAT 1 AM A DULY Uff4LAN0 SUR 0 NDER THE LAWS OF THE STATE 0 10044. ij. /a l,.� TERRY L KO ER (DATE) LICENSE NUMBER 15487 MY LICE SE RENEWAL DATE 10 00000809 37 2913 SHEETS COVERED BY THIS SEAL : SHEETS 1 AND 2 3UEASING 248100 480 008101083 1212 LO 006000E iA L083) 58 -8109 DRAWN BY: JCH CHECKED 84 TLK SURVEY OATS 10/31/12 PLOT OATS 11/29/12 0180.110.12301 -01 0040,0: 1' = 40' SHEET 1 OF 3 THE CITY OF Dui Masterpiece on the Mississippi Dubuque bletri 1111.' 2012 Vicinity Map Applicant: City of Dubuque Location: 251 -253 W. 17th Street Description: Plat of Survey Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 Legend Proposed Area to be Platted Base Data Provided by Dubuque County GIS Path: I-1:\ Planning Services\Vicinity MapsIZAC Vicinity Maps\projects\Vicinity Map 12 -17 -2012 Plat of Survey Lot 1 and Lot 1A of Dorgan's Subdivision No. 2.mxd THE CITY OF Masterpiece on the Mississippi TO: Zoning Advisory Commission �• FROM: Kyle L. Kritz, Associate Planner 1' Dubuque killed All- America City 1 IF 2012 December 21, 2012 SUBJECT: Plat of Survey of Lot 1 and Lot1A of Dorgan's Subdivision No. 2 INTRODUCTION The submitted Plat of Survey of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 subdivides an existing 5,429 square foot lot into two parcels to facilitate the City's acquisition of additional right -of -way for the existing alley and Dorgan Place right -of- ways. The Zoning Advisory Commission is reviewing the submitted Plat of Survey as the resulting Lot 1 has insufficient lot area and lot frontage for the R -4 Multi - Family Residential zoning district. DISCUSSION The submitted Plat of Survey of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 subdivides an existing parcel into two to facilitate the sale of property to the City of Dubuque (Lot 1A) to provide additional right -of -way for the existing alley and Dorgan Place. Currently, there is a four -plex located on the subject parcel and the adjacent parcel (Lot 2 of 14 of Dennis Dorgan's Subdivision). The proposed lot split will not adversely impact the use and function of the existing four -plex. RECOMMENDATION Planning staff recommends that the submitted Plat of Survey of Lot 1 and Lot 1A of Dorgan Subdivision No. 2 be approved subject to waiving the lot frontage requirement and lot area requirement for Lot 1. KLK /mkr Attachments 7d 4( Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 12 -13 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2 IN DUBUQUE, IOWA Whereas, There has been filed with the City Clerk a Plat of Survey of Lot 1 and Lot 1A bf Dorgan's Subdivision No. 2 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 25 feet of frontage for Lot 1 on a public or approved private street, and 4,432 square feet of Lot area, where 50 feet of street frontage and 5,000 ft. of Lot area 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 and 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 Code of Ordinances, Unified Development Code, is waived to allow 25 feet of frontage on a public street or an approved private street and 4,432 square feet of Lot area for Lot 1. Section 2. That the Plat of Survey of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 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. Attest: Passed, approved and adopted this 22nd day of January Kevin S irnstahl, City C 2013. Roy D. Buol, Mayor PREPARED BY: BUESING & ASSOCIATES Doc ID: 007608570006 Type: GEN Kind: SURVEY PLAT Recorded: 01/25/2013 at 02:05:27 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00001809 ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 2 JO L 133HS PHONE: (563) 556 -4389 O \3° 2 \ -) \- SL nL_—___. 0 0 ,o '' OZ1 � \d 11l' . _ N mWm0-4> A0 ZO0 ZaC,-- D Z 0 o m o r- 5:20 E o 19 8 19 6 • (D (i) (D W o '< 9 p 5 O ° °� 0 z cr C (n c c C U cD a o? N 0 F ' O Sheet 2 of 3 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 1 -14 of Dennis Dorgan's (aka Dargan's) Subdivision of Out Lots 672 and 673, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa. Total area of LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2 is 5,429 square feet. Total area of LOT 1 is 4,433 square feet. Total area of LOT 1A is 996 square feet. 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:(2' -/fa' ([./—\ /2)3// Terry L. Koelker Date Licensed Land Surveyor License No. 15487 Dubuque, Iowa License Renewal Date: 12/31/13 Owner's Consent The foregoing Plat of Survey of: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVI • • N NO 12, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. The owners hereby dedicate Lot 1A for public street and utility purposes to the City of Dubuque and all easements to the public. State of Iowa County of Dubuque ) s On this day of , ,/, ./_ , AD; before me, the undersigned, A Notary Public in and for the State of Iowa, personally ...eared R•ild Joseph & Patricia Ann Hanten, husband & wife to me personally known, who, being duly sworn did say that said appeared Ronald Joseph& 'Patricia Ann Hanten acknowledged the execution of said instrument to be their voluntary act and deed voluntar execute Witness my hand and Notarial Seal on the date above written. Notary Public%�'�fid for the State of Iowa l./ me- r i/I.1r._ Ronald Josej6h Hanten nten PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. 4/..-,..5—^.Z0/ Sheet 3 of 3 City of Dubuque Zoning Advisory Commission Dubuque, Iowa SaA..Z , 2013 The foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa, was reviewed and approved by the Cif+ .•ique Zoning Advisory Commission on the date first written above. Chairperson, Citylbf Dubuque Zoning Advisory Commission City of Dubuque, Iowa Dubuque, Iowa January 22 , 2013 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa, and the dedication of Lot 1A and all easements to the public as appears heretofore has been filed on 22nd day of January , 2013 as resolution # 12- 3 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuquf to a - pproves said plat. Mayor of D buque, IA Clerk of h City of Dubu erriA City of Dubuque Planning Services Dubuque, Iowa Jan . Z , 2013 The foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. npi -tat Laura Carstens, City Planner City Assessor's Certificate Dubuque, Iowa , 2013 The foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, 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. City Assessor of the City of Dubuque, Iowa County Auditor's Certificate Dubuque, Iowa , 2013 The foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this day of , 2013. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa Recorder's Certificate Dubuque, Iowa , 2013 The foregoing Plat of Survey: LOT 1 AND LOT 1A OF DORGAN'S SUBDIVISION NO. 2, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder iu11iwixminm1u11u11111mmiuMmn1111 Doc ID 007608560002 Type GEN Kind PARTIAL RELEASE OF MORTGAGE Recorded: 01/25/2013 at 02:04:50 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2013- 00001808 PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form #130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: Premier Bank Ronald J. Hanten and Patricia A. Hanten Legal description: Lot 1A of Dorgan's Subdivision No. 2 Document or instrument number of previously recorded documents: 2009 -16332 © The Iowa State Bar Association 2012 IOWADOCStS 12 °0 () Ci+yCleirk, THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Bany A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER t 73 PARTIAL RELEASE OF REAL irocto The undersigned, the present owner(s) of the mortgage receipt of which is hereby acknowledged, do hereby acknowledge situated in Dubuque County, Iowa, ESTATE MORTGAGE hereinafter described, for valuable consideration, that the following described real estate to wit: Dubuque, Iowa as shown on the Plat of Survey City of Dubuque, Iowa prepared by Buesing 3, 2012. executed by Ronald J. Hanten and Patricia J. Lot IA of Dorgan's Subdivision No. 2 all in the City of of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2, in the & Associates signed by Teny L. Loelker on December is hereby released from the lien of the real estate mortgage, Hanten dated July 30, 2009 , recorded in the records of the Office of the Recorder document reference number lien and all mortgage rights Words and phrases herein, and as masculine minine Dated this U Anti of the County of Dubuque , State of Iowa, recorded as 2009 -16332 , specifically reserving and retaining the mortgage embraced in the mortgage above described. shall be construed as in the singular or plural, context. Premier Bank against all of the remaining property including acknowledgment hereof, or neuter gender, according to the (- % S-1.20 )3 CORPORATE /PARTNERSHIP STATE OF � �`�� , COUNTY OF ))( Its: , ' 6%c1.---- /b (19 r� a —e-csa-9-- / �e .20/3 , �bis instrument was by / 'f ) 2O7 acknowledged before me on _ -/-i- /1/v ' n e, � as AI_ii / . < ■ ■ If -t.-/-7 !0' e.— .ry of -tom i • INDIVIDUAL STATE OF , sP SARA L. LEIBF _ , Commission Numb: 75 430 My Comm. Exp. 1 Faa L_. f I� N ry Public ,o„� , COUNTY OF This instrument was by acknowledged before me on , • NOTE: For complete release of real estate mortgage, see ISBA Form No. 129. , Notary Public © The Iowa State Bar Association 2012 130 PARTIAL RELEASE OF MORTGAGE IOWADOCSO Revised June 2005 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 Ronald & Patricia Ann Harter 440 Moore Hgts Dubuque IA 52003 Dubuque All- AmedcaCity 1I III.' 2012 THE CITY OF Dui Masterpiece on the Mississippi January 7, 2013 RE: City Council Consideration of Plat of Survey Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 Dear Applicant: The City Council will consider your request to plat property located at 251 -253 W. 17th Street at a public meeting on Tuesday, January 22, 2013. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please attend this meeting, or send a representative to the meeting in your place to answer questions, if necessary. 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 cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork