Zoning 55 W. 32nd - Kunde
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall 50 W. 13" Street Telephone: 589-4121
ORDINANCE NO. 28-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG
AGRICULTURAL DISTRICT TO HI HEAW INDUSTRIAL 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, subject to the conditions(s) in the attached
Memorandum of Agreement, by reclassifying the hereinafter described property as
shown in Exhibit A, all in the City of Dubuque, Iowa from AG Agricultural District to HI
Heavy Industrial District.
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 17th day of April, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of
rezoning of the property shown in Exhibit A, which is the subject of Ordinance
No. -06, 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) Screening be installed along the north zoning district boundary line as per
submitted cross section.
2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) No salvage vehicles will be stacked on the rezoned property.
6) No salvage vehicles will be placed on the rezoned property where they will
not be shielded visually from off-site by permanent screening on the north
boundary line.
7) The screening fence along northwest portion of the north district boundary
line will be completed by January 1, 2007, as per submitted planting plan.
8) The screening fence along the northeast portion of the north district
boundary line will be completed by January 1, 2008, as per submitted
planting plan.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the AG Agricultural 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) Recordina. 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 thirty (30) days of the adoption of Ordinance No.
- 06.
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. 28 06
I, Roger Kunde, representing North End Wrecking, Inc., property owner,
having read the terms and conditions of the foregoing Ordinance No. 28 -06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 27th day of March, 2006.
/s/ Roger Kunde
.~.
111111111111111111111111111111111111111111111111111111111I1111111111111111111111
Doc ID: 005391930006 Type: GEN
Recorded: 04/20/2006 at 11:51:17 AM
Fee Amt: $32.00 PaRe 1 of 6
Dubuque County Iowa
Kathv Flvnn Thurlow Recorder
Flle2006-00005582
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13th Street Telephone: 589-4121
ORDINANCE NO.
28
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG
AGRICULTURAL DISTRICT TO HI HEAVY INDUSTRIAL 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, subject to the conditions(s) in the attached
Memorandum of Agreement, by reclassifying the hereinafter described property as
shown in Exhibit A, all in the City of Dubuque, Iowa from AG Agricultural District to HI
Heavy Industrial District.
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 17th day of
Apr il
2006.
I, Mayor
Attest:
anne F. Schneider, City Clerk
$ 32.00
M City If [IF!\1,
\lY ~'/_-"-">
STREET. FROM AQ, AGRI. I be stacked on the rezoned
CULTURAL DISTRICT TO property.
HI HEAVY INDUSTRIAL' 6) . No. salvage vehicles
DISTRICT, WITH CONOI- will be placed on the rez.
TIONS. c, ,cned property where they
!'lOW, THEREFORE..il BE IT ;wllt not-be shielded visually
ORDAINED BY THl::._CITY from off-site by permanent
COUNCIL OF THE CITY ,screening on the north
OF DUBUQUE, IOWA: , boundary line.
Section 1. That Appendix, 7) The screening fence
A (The Zoning Ordinance) of:ak)ng northwest portion of
the City of Dubuque Code I the north district boundary
of Ordinances is hereby I Rna will be completed by
amended, subject to the January 1, 2007, as per
conditions(s) in the attach- Isubmltted planting plan.
ed Memorandum of Agree-, 8) The screening fence
ment, by reclassifying the along the northeast portion
hereinafter described prop- of the north district boun-
erty as shown in Exhibit A, dary line will be completed
all in the City of Dubuque, ,by January 1, 2008, as per
Iowa from AG Agricultural iSlibmltted planting plan.
District to HI Heavy lndus- '8) Reclassification of the
trial District. Subject Property. The City
Section 2. The foregoing :01 Dubuque, Iowa may ini-
amendment has heretofore itlata zoning reclassification
been reviewed by the Zon- proceedings to the AG Ag_
ing Advisory Commission of Irlcultural Dls,trict (which re-
the City of Dubuque, Iowa. zoning will include the re-
Section 3. This Ordinance :rilOval of the performance
shall take effect immedi- :Standards in 'Section A
atety upon publication" as above) if the property own-
prOVided by law.er fails to complete any of
Passed, approved and ,the conditions or proviSIons
adopted this 17th day of -ofthis'Agreement.
April, 2006. - C) Modifications. Any mod- 'I
151 Roy D. 8uot, Mayor i/fications of this Agreement I
Attest: shall be considered a zon-
Is/ Jeanne F. Schneider, lng reclassification and
CMC, City Clerk ~hatl be subject to the pro-
MEMORANDUM OF visions of the Zoning Ordj-
I AGREEMENT nsnce governing zoning
. Pursuant to the Iowa Code reclassifications. All such
Section 414.5 (2005), and modifications must be ap-
as an express condition of proved by the City Council
rezoning of the property of Dubuque, Iowa.
shown in Exhibit A, which D) Recording. A copy of
is the subject of Ordinance this Agreement shall be re-
No. 28~06, a copy of which corded with the Dubuque
is attq.ched h61etoand In- County Recorder as a per-
corporated herein by refer- manent record of the, con-
enoe, the undersigned ptop- rClitions accepted as part of
erty - owners agree to the this rezoning approval
following conditions, all of within .thirty (30) days of
which the property owner ,the adoption of Ordinance
further agrees are reason- No. 28- 06.
able and are imposed to E) Construction. This
satisfy pUblic needs which Agreement shall be con-
are caused directly by the strued and interpreted as
rezoning: though it were part of Ap-
A) Conditions: The follow- pendix A of the Code of
ing conditions shall apply
to the subject property:
1) Screening be installed
atong the north zonmg dis-
trict boundary line as per
submitted cross section.
2) Hours of operation be
limited to 8:00 a.m. to 5;30
p.m. Monday through Fri-
day, and 8:00 a.m. to
12:30 p.m. on Saturday.
3) The bailer and crusher
not be placed on the rez.
oned property.
4) No building will be locat-
ed on the rezoned property.
5) No salvage vehicles will
Ordinances of the City of
Dubuque, also known _ as
the Zoning Ordinance of
the City of Dubuque, Iowa.
F} This Agreement shalt be
binding upon' the under-
signed and his/her heirs,
successor and assignees.
ACCEPTANCE DF
DROINANCE NO. 28-0lI TE OF IOWA
I, Roger Kunde, ropreoent'jS T A .
ing North End Wrecking,
Inc., property owner, having DUBUQUE COUNTY
read the terms and condl-':
tions of the foregoing Ordi~ '
nance No. 28-06 and being
famlllar with the conditions
tl1'ei'80f, h8l"aby accept this
same ,and ~ree to the con.
ditions reqUIred therein,
Dated in Dubuque, Iowa
this 27th day of - March,
2006.
Is! R0ger Kunde, President
Published officiaUy in the
Telegraph Herald Newspa-
per the 21 st day of April,
2006.
Is/ Jeanne F. Schneider,
CMC, COy Clerk
1t4/21
CERTIFICATION OF PUI
I, Bev Engler, a Billing Clerk for Woodwan
corporation, publisher of the Telegraph Hen
published in the City of Dubuque, Coun~y 0
certify that the attached notice was pubhshe,
dates: April 21, 2006, and for which the cha
~'D<)[
Subscribed to before me, a Notary Public ir
this d-l.a-C day of ~,i
!~'Mtf ~
Notary Publi<
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MEMORANDUM
March 28, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: North End Wrecking HI Rezoning Request -- Revised
Ordinance/Memorandum of Agreement and Planting Plan;
Property/Enforcement History
Pursuant to Council request, Planning Services Manager Laura Carstens is transmitting
a revised ordinance/memorandum of agreement and planting plan, as well as
property/enforcement history, for the HI Heavy Industrial rezoning request filed by
Roger Kunde for North End Wrecking.
(tv( C:n/J1J^'-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
l~'
DU~~E
~<-k~
MEMORANDUM
March 28, 2006
TO: Michael C. Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
SUBJECT: North End Wrecking HI Rezoning Request -- Revised
OrdinancelMemorandum of Agreement and Planting Plan;
Property/Enforcement History
This memorandum transmits a revised ordinance/memorandum of agreement and a
planting plan, as well as property/enforcement history, for the HI Heavy Industrial
rezoning request filed by Roger Kunde for North End Wrecking, 55 W. 320d Street.
The City Council held a public hearing on this rezoning request on March 20, 2006 and
gave the ordinance a first reading only. At the public hearing, even though there was no
vote, there appeared to be agreement that a revised ordinance/memorandum of
agreement regarding two deadlines for installation of screening and a planting plan, as
well as property/enforcement history, be submitted for City Council consideration.
On March 22, 2006, I met with Steve Simon, Mr. Kunde's representative for the HI
rezoning request. The attached ordinance/memorandum of agreement has been
revised per City Council's request for items #3 and #4, and Mr. Simon's request to
include #1 and #2, as follows:
1. No salvage vehicles will be stacked on the rezoned property.
2. No salvage vehicles will be placed on the rezoned property where they will not
be shielded visually from off-site by permanent screening on the north boundary
line.
3. The screening fence along northwest portion of the north district boundary line
will be completed by January 1, 2007, as per submitted planting plan.
4. The screening fence along the northeast portion of the north district boundary
line will be completed by January 1, 2008, as per submitted planting plan.
Attachments
cc: Gus Psihoyos, City Engineer
March 22, 2006
Honorable Mayor and City Council Mcmbers
In regard to the Mareh 20th, 2006 City Council meeting and specifically thc rezoning
request of North End Salvage I would like to ask you some questions. Everyone on the
council including the mayor seems to have taken the time to tour North End Salvage
which is great. I myself had the chance a couple of times in the fall of2oo5 to see the
operation with SIeve Simon which I gladly took advantage of so that [ could see both
sides of this issue. From my lours compared with the glowing reviews of your respective
lours. [ havc a few questions maybe one or all of the honorable council could answer.
The 1.1 qucstion [ have is what is actually being rezoned. II appears Mr Kunde is asking
for 3.9 acres of AG 10 HI in the middle of his operation. I asked this question to the
Planning and Zoning Dept in Oct 2005 and actually went with Guy Hemenway and 3 . ,
measured thc area at that time. Yes in Oct it was roughly 4 acres. Now 5 months (and
hundreds of dump trucks full offill) later. I don't believe anyone bas an accurate number.
Back in 2004 it was 7.5 acres. I guess time will tell with a completion date of 2008. This
is an issue I thought Council Member Braig may be able to clarify since she has a map.
While on the issue of maps. there seems to have been somc question about R-I propcrty
from Council Member Michalski. This is a confusing issue as I discovered when dealing
with the Planning and Zoning Dcpt over the years. Thankfully Steve Simon shed light
on this matter and I now know the Planning and Zoning Dept are not liars and
incompetent. Jbev are liars. yel vel)' compelent at disposing of city refuse from eity
projects such as road improvement. ("ve saved "old" maps and would like to compare
tl."," to the councll ml'JIlb.,I~ '"new map". Mr Kunde has done quite well with his
re-.loning request. It appears to me thc only property left to be rezoned is the RI
residence of2oo Olympic Heights Road which Mr Kundc purchased. That shouldn't take
long with his past success. Oh. [ forgot that Mr Kunde is building a $350. 000 home on
that sitc in the future. I'm 40 years old and plan on going to college and moo school in
Ihe fulure. I wondcr which will happen I". Roger moving in the neighborhood or me
performing neurosurb>ery. I'll bet on the [01 being zoned III.
Since the cily council unanimously dcnied the rezoning request in 20M, I have gained
somc ncw insighls on North End Wrecking and Salvage. I previously realized the benefit
of the salvage business in the form of recycling and hazard material recovery along with
proper disposal. I've now learned there is a new objective of North End Salvage and
Wrecking since 2004. In 2004. then lawyer Robert Klauer stated there would not be
many vehicles on the property because they were stripped of parts and crushed al a high
turnover. During the Mar 20, 2006 meeting Stevc Simon stated the objective of North
End Salvage was "the B[GGEST and best salvage yard in the state of Iowa". Well mighl
as well shoot for the moon. I for one am looking forward to living across from the
BIGGEST salvage yard in the state, I imaginc the noise from heavy equipment moving
salvaged vehicles 6 days a week won'l be invasive nor deplete thc value of my home.
With the approval of the rezoning from AG to HI. it should alleviate all concerns from
neighboring residents. The good Lord knows as well as myself the certified mailing of
"a Code of Compliance" on Dee 1,2004 sent to North End Wrecking and Salvage after
my meeting with City Manager Mike Van Milligan and the Zoning and Planning
Department went absolutely no where. (I do have a copy of the originallctlcr that was
sent to me by the city if any of the honorable council would like to review it with me.)
In reading Mr Kunde's new lawyer Joe Bitter's request for various parcels of property to
be rezoned l am impresscd with Roger's resume.
1. On his Own initiative, he started screening his property.
2. Mr Kunde accepts challenge and responsibility
3. City of Dubuque seeks an easement from Mr Kunde-This will be a valuable
concession to the city, which Mr Kunde is willing to grant in exchange for the
rezoning. at no charge.
4. Mr Kunde has been a good citizen
S. Etc, ctc bullshit
I was equally impressed with the new city councils take on Mr Kunde and the integrity
for which he conducts his operation. 1 almost forgot he was expanding a junkyard. There
for a minute or two I thought he was ereating a cure for cancer with his business after
hearing the glowing reviews.
What 1 get out of the previous rezoning and prescnt request is that the bottom line on
Roger Kunde is its always in "good faith". Pull your head out of the sand and look at
Roger Kunde's past traek record with tbe city, maybe you'll get the jest of this letter. ]n
dealing with Stevc Simon on how lbings can be resolved and in hearing how determined
Roger is to be a good neighbor needs to go no further than looking out my front pieture
window. Mr Kunde purchased the residential home previously noted at 200 Olympic
Heights roughly I Y1 years ago, since that time] believe they have mowed the lawn 4
times. On weekends there is vehicle traffic 24 hrs a day. Cars bonk in front of the home,
pull in for 30 seconds and then leave at a high rate of speed. Maybe it's a Good Will
distribution drop off or a Girl Seout Cookie pick up site. When my eldest daughter was
in girl scouts they only sold cookies once a year, things may have changed. Last year Mr
Kunde placed 3 large concrete barricades on an cascment road to severa] properties
adjacent to Olympic Heights road because things weren't going his way with the zoning.
The Dubuque Fire Marshall intervened and made Mr Kunde remove 1 barricade so that
emergency personal vehicles could access the homes. Council Member Jones is a retired
fireman. this act of neighborly love should be heartfelt. After the Mar 20. 2006 cily
council meeting, Steve Simon stopped by myseU and a couple of the concerned neighbors
and asked once again how North End Wrecking and Salvage could be better neighbors. I
staled that the employee of North End Salvage and Wrecking which rents Mr Kunde's
home at 200 Olympic I Ieights could keep the pack of German Shepard dogs they own
from running loose in the neighborhood and barking 24 hours a day. Steve stated he'd
mention it. . Apparently Mr Simon never got around to it. On Mar 21. 2006 one of the
dogs attacked 2 neighborhood children @ 3:00 pm. After dozens of calls to Animal
conlrol and the Dubuque Police dept the last year, guess what, animal eonlrol seems to
have taken an interest in my concerns. Yes, Mr Kundejust wanlS what's best for the
neighborhood, Oh, by the way, Sue Barnes the animal eonlrol officer wasn't very
pleased when she contacted the owner of the property where the dogs reside and Mr
Kunde refused to tell her who the renter was that owned !he dogs. It's great Mr Kunde
recycles used oil, maybe that will lead to a respect for a child's well being somewhere
down the road.
CoLUlCil Member Connors stated that maybe the neighbors of North End Wrecking and
Salvage should go and take a look from the inside out. I havc already beat her to it.
Seems every council member took Steve Simons I V. hr Royale Tour, maybe you'd like
to take 10 minutes and talk to me face to face. I won't hold my breath, I'll take Counc~
Member Cline's advise and just "Grin and Bear It". Now there's optimism.
In reviewing this letter I've seemed to have overlooked !he NPDES stormWater permit
dealing with run off. Started off North End Wrecking and Salvage received a permit
granted by Joe Gritlin over a phone conversation and ended with a stuttering Clark Ott
who stated North End Wrecking and Salvage doesn't need a permit because less than I
acre has been disturbed during his "spot" check. Would love to compare my ~old" map
to the council's "new"map to see if there may be a discrepancy once again on what the
hell is actually unfolding and what is being rezoned at this present time. The only word
That rhymes with Dubuqucr is Euchre. 'Ibc motto on city vehicles read "To Serve willi
Integrity". It's time for this council to call a spade a spade as they did in 2004 and follow
thru with something hopefully close to ~integrity". My wager is on North End Wrecking
and Salvage now, the City of Dubuque has already rcniggcd.
:)~
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~
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NORTH END WRECKING INC
PLANTING PLAN
SUBMITTED BY STEVE SIMON, REPRESENTATIVE
MARCH 27, 2006
Trees planted along 430 feet of fence
~ 24 Evergreens, six feet in height
~ 50 Raspberry bushes
~ 14 Evergreens, 24 inches in height
~ 30 Poplars, three feet in height
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rHEClTiOF
PlannjI1~ S~rvi(es Departmt'nt
City Hall
50 West 13th Street
Dubuqu..., Iowa 52001-4864
(563) 589-1210 office
(563) 589-4221 fax
(563) 690-6678 roD
p lanning@dtyufdubuq ue.lJr~
1~~.~:~ F) f _~:~~rLi I-~
~~~
January 29, 2004
Roger Kunde
55 W. 3200 Street
Dubuque IA 52001
NOTICE OF VIOLATION: SCREENING AND EXPANSION OF NORTH END AUTO
WRECKING, INC.
Dear Mr: Kunde:
According to the tax assessor, North End Wrecking, Inc. owns the property located at
and near 55 W. 32"" Street. Recently, an inspection was made of your property
revealing a violation of the City Zoning Ordinance.
VIOLATION: Inspection revealed that some salvaged vehicles are not screened from
view outside the premises as required by City Code 29-6. Some contents of the
salvage yard are visible from Hawkeye Heights and Olympic Heights Road, probably
because you have unlawfully expanded your operation or excavated a portion of your
property (Parcel #10-11-479-001) located in an AG Agricultural zoning district.
Attached are two earlier letters from this office explaining the zoning status and
screening requirements for North End Wrecking, Inc.
As discussed in the attached letter to your attorney, Robert Klauer (and in the letter
dated July 16, 2001 to Attorney Roth), installation of a fence would be a screening
option. Also, rezoning the agricultural zoned property would be required before
expansion of that property is allowed.
ORDER TO COMPLY: To comply, you must confine your salvage yard to the
previously established boundaries and install a fence to obscure the contents of the
salvage yard from view from Hawkeye Heights and Olympic Heights. These actions
must be completed within 30 days of receipt of this notice or we will begin formal
enforcement action.
Failure to comply with this Order will result in the issuance of a Citation, court costs
and a fine without any additional warning or correspondence. The minimum fine is
$250.00 per day for each day the violation continues to exist.
$ervict"
P=pl~
In~ty
Rt"5pOTIsibility
Innovation
Teamwork
Letter to Roger Kunde
January 29, 2004
Page 2
Please call me if you have any questions regarding this Notice and Order. I also
recommend that you contact Assistant Planner Guy Hemenway about submitting a site
plan for screening or installing a fence and the rezoning process.
Si"Z_~
Susan Brennan
Zoning Enforcement Officer
Enclosure: Copy of City Code regarding Fencing Requirements for Junk & Salvage
Operations (Section 29-6).
Planning Services Department
50 W~st 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
.ii >>-;;r
DU'Bt@uE U
~ck~
April 4, 2001
Roger Kunde
Roger's Auto Sales and Salvage
3270 Dodge Street
Dubuque, IA 52003
Dear Mr. Kunde:
This letter is a follow-up to our discussion on Friday, March 30, 2001, concerning the
North End Wrecking Company on West 32'" Street. The first issue we discussed was
the installation of a chain link fence to provide greater security for the business.
Section 2-8.2 of the Zoning Ordinance establishes that in districts other than the
residential districts, fences are exempt from the provisions of the Zoning Ordinance.
There is no building permit required for installation of a fence. The chain link fence
must be placed on your property.
The second issue we discussed was required green space. Section 4-5.2 of the
Zoning Ordinance indicates that "no new structure, building or parking lot. shall be
constructed unless in compliance with the landscape and screening standards of this
section." Green space is calculated based on the greater of the following: 20% of the
building square footage, 20"'{' of the vehicle use area, or 10% of the combined building
and vehicle use area. The existing North End Wrecking operation is in compliance with
the landscape and green space requirement of the Zoning Ordinance.
The third issue concerns the southwest portion of the property that is currently zoned
CS Commercial Service and Wholesale District. This area is used primarily for the
storage of wrecked vehicles prior to their processing for the removal of valuable parts.
The CS zoning district does not allow auto salvage as a permitted use. This area is,
and has been, part of North End Wrecking operation for many years, and is a legal
non-conforming use (grand fathered) of this property. The property can continue to be
used for an auto salvage business until such time as the use of it ceases for any
reason for a period of more than 90 consecutive days, or the use is superseded by a
conforming use. The property would then lose its legal non-conforming status and
redevelopment would have to comply with current zoning regulations.
The final issue is that of screening. The current operation is in compliance with the
screening requireinents of the City's Municipal Code. The lower portion of the yard is
screened by metal fencing, while the upper yard is screened by vegetation naturally.
Service
People
Intltgrity
Responsibility
Innovation
Teamwork
Letter to Roger Kunde
Page 2
Expansion of the storage areas for vehicles may require additional screening,
depending on its location and visibility from surrounding property.
Please review the enclosed information and contact me if you have further questions.
Sincerely,
fClfCc l ~~--~
Kyle L. Kritz
Associate Planner
KLK/mkr
Enclosure
cc: Laura Carstens, Planning Services Manager
Planning Services Department
City Hall
50 West 13th Street
Dubuque. Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
plaMing@cityofdubuque.org
DU~~E
~ck~
July 16, 2001
Mr. James Roth
Roth & Henkels
1400 University Avenue
Dubuque, IA 52001
SUBJECT: Zoning Status of Property at 55 West 32"d Street (North End Wrecking
Company)
Dear Mr. Roth:
This letter is written in response to your inquiry regarding the zoning status of the
property at 55 West 32"0 Street (North End Wrecking Company). The County
Assessor's records indicate that this property consists of eight lots (Parcel Nos. 10-14-
201-001, 10-11-453-002, 10-14-226-001, 10-14-226-003, 10-14-226-004, 10-14-226-
005,10-14-201-013, and 10-14-226-007). Most of North End Wrecking's salvage
activity and vehicle storage is within an HI Heavy Industrial Zoning district. Salvage
yards are permitted in an H I district.
There is a small portion of the salvage yard located on Lot 10-14-226-007 that is within
a CS Commercial Service District. Salvage yards are not permitted in a CS District;
however, the salvage yard was legally established prior the zoning change in 1985 and
therefore is a legally non-conforming use (grand fathered). There is also another
portion of the salvage yard (Parcel No.1 0-11-453-002) that is located in an AG
Agricultural Zoning district. Salvage yards are not permitted in an AG district.
However, as with the CS district, the salvage yard was legally established and can
continue to operate as a legally non-conforming or grand fathered use. No expansion
of the operation in either the AG or CS district is permitted. Any expansion of the
salvage yard in the HI District must meet all current zoning requirements, including
screening.
One of the eight lots (Parcel No. 10-14-201-001) is in an R-1 Single-Family Residential
Zoning District. It appears that no portion of the existing salvage yard is within this
parcel, and expansion of the facility onto this lot is not permitted because salvage yards
are not permitted in an R-1 district.
The City of Dubuque's Geographic Information System's aerial photography indicates
that approximately 30,000 square feet of the salvage yard has strayed onto City
property (Lot 10-14-201-013), without the permission of the City of Dubuque. This
Se<vi<<
P"'P1e
Integrity
Responsibility
Innovation
1bInwork
portion of the salvage yard has not been legally established. I recommend that you
meet with the City Engineering Department before you change the corporate structure
or ownership, in an effort to resolve this issue. This may require vacation of the City
property that the salvage yard is now utilizing.
If you have any questions regarding this information, please contact me at 589-4210.
Sincerely,
21
Guy ~enway
Assistant Planner
GH/mkr
Enclosures
cc: Ron Turner, City Engineering
, .
Complaint History for
55 W. 3200 Street
North End Wrecking
Owner: Roger Kunde
May 20, 2004
On January 15, 2004, I started to receive complaints about North End Wrecking storing
junk vehicles near Olympic Heights. It was also reported that piles of junk were more
noticeable from Hawkeye Drive.
Following a full investigation, a Notice of Violation was sent to Roger Kunde on January
29,2004. Inspections revealed that some salvaged vehicles were not adequately
screened. Also, North End Wrecking had expanded their storage area onto property
zoned AG Agricultural. Since salvage yards are not permitted in an AG District, the
property would have to be rezoned to continue expansion of the business.
After receiving the Violation Notice, Robert Klauer (Roger Kunde's attorney) contacted
Assistant Planner Guy Hemenway to discuss the installation of proper screening and
the rezoning procedure. Until the rezoning issue is resolved, it is not practical or
feasible to install the fence because the area enclosed by the fence may change.
Customarily, we stay enforcement when zoning issues are before a Commission, Board
or City Council.
In March 2004, while the rezoning request was pending, I received two complaints
about empty oil tanks being stored at North End Wrecking, presumably in the area
zoned HI Heavy Industrial. I did convey the concern to Robert Klauer, attorney for
Robert Kunde, and received a message the next day that the tanks had been moved.
Shortly thereafter, the tanks were cut up and removed all together from the property.
However, it would not constitute a violation of the Ordinance to store the empty tanks in
the salvage yard.
I also recall that prior to January 2004, I received a few complaints about rocks falling
into the right-of-way along Olympic Heights due to excavation of nearby property. The
ongoing operation of North End Wrecking was not the subject of the complaint nor
mentioned as a concern of the callers. The primary issue was the fact that the hillside
was being disturbed by grading or excavation. Since the City does not require an
excavation permit, and excavation or erosion control is not a zoning issue, the callers
were referred to the State Department of Natural Resources, which issues an
excavation permit if the area involved is over an acre. In addition, the callers were
referred to our Engineering Department, which regulates matters involving the City right-
of-way and drainage.
Susan Brennan
Zoning Enforcement Officer
SEQUENCE OF ENFORCEMENT EFFORTS
. January 2004 - Received complaints about North End Wrecking. Roger Kunde
(RK) cutting down trees and excavating which made contents of salvage yard a
lot more visible.
. January 29, 2004 - Ordered RK to confine contents of salvage yard to heavy
industrially zoned property and install a fence to obscure contents of salvage
from view.
. February 2004 - Extended deadline for compliance when Robert Klauer, attorney
for RK, requested more time to apply for rezoning of abutting property not zoned
for use as a salvage yard owned by RK.
. March 25, 2004 - RK applied for rezoning from AG and R-1 to HI, which was
approved by the Zoning Advisory Commission in May 5, 2004.
. September 20, 2004 - Rezoning was denied by City Council.
. October/November 2004 - Meetings scheduled by Laura with staff, Mike Van
Milligen, and Tim O'Brien for direction on screening, encroachment issues,
survey and enforcement.
. December 1, 2004 - Notice and Order sent to RK, North End Wrecking, detailing
what was necessary to do and screen for compliance. Ordered to submit a
screening plan by January 3, 2005. Deadline for installation of fence and
screening is May 31, 2005.
· February 10, 2005 - Citation issued for violation on February 10, 2005 for failure
to submit a screening plan.
· March 9, 2005 - After RK served with citation, called and said he would provide
screening plan to us before court date which he failed to do.
· March 24, 2005 - Robert Klauer appeared in court on RK's behalf and requested
and granted a continuance to May 12, 2005 to review the case.
· March 31, 2005 - Sue Brennan and Guy Hemenway met with RK and reviewed
the screening plan he submitted, which was not approved.
. April 12, 2005 - Sue Brennan and Guy Hemenway met with RK to discuss
modifications to the plan he must submit for approval. Also, on April 13, 2005,
Guy met with RK at site to identify approximate HI boundary where screen to be
placed subject to survey.
· April 14, 2005 - Planning Services staff contracted with and hired Weber
Surveying, LLC.
. April 21, 2005 - RK submitted letter to City Council requesting purchase of City
property west of North End Wrecking.
. May 5, 2005 - City Manager Mike Van Milligen, Laura Carstens, Ron Turner,
Sue Brennan and Guy Hemenway met with RK at North End Wrecking at RK's
request.
. May 11, 2005 - Sue Brennan, Guy Hemenway, Ron Turner and RK met with
Mike Weber, surveyor, at North End Wrecking to show boundary and line
markers. RK said it would be impossible to meet the 5/31/05 deadline to remove
encroaching cars off of the R-1 and AG zoned areas. He said he would require
more time. He also said a lease of City property, with conditions, is not
acceptable. RK said he wants to purchase City property in the middle of his
salvage yard and thereabouts. Ron Turner said RK should provide a description
of the property he wishes to purchase to him and suggested RK submit a map of
the property he wishes to purchase based on the completed survey plat.
. May 12, 2005 - Hearing in District Court on RK citation for Failure to Submit
Screening Plan. RK accepted responsibility for civil infraction and paid fine and
costs.
. May 13, 2005 - Completion date of survey by Mike Weber (Weber Surveying,
LLC). Survey (attached) shows encroachment of salvage vehicles on City
property and RK property zoned AG and R-1.
. May 17, 2005 - Guy Hemenway provided RK with a list of measures to be taken
for zoning and screening compliance, including copy of survey showing
encroachment into AG and R-1 zones and onto City property (see attached
letter).
· May 18, 2005 - Engineering staff responded in writing to RK's request to
purchase property (see attached letter).
· May 27, 2005 - Guy Hemenway was contacted by Attorney Joe Bitter,
representing RK, regarding measures to achieve compliance and extension of
May 31st deadline.
· May 31, 2005 - Sue Brennan was contacted by Attorney Joe Bitter regarding
extension of May 31st deadline.
· May 31, 2005 - Laura Carstens, Sue Brennan and Guy Hemenway met with City
Manager, and agreed on extension of deadline to July 14, 2005.
· May 31, 2005 - City Manager provided RK with written notice extending
deadlines for screening, removal of vehicles from AG zone, and lease
negotiations for City prorerty to July 14, 2005, and placing request to purchase
City property on June 6t City Council agenda. PS staff hand delivered letter to
RK and Mr. Bitter on May 31st.
. June 6, 2005 - Staff inspected the premises at NE Wrecking with Mr. Bitter.
Screening was not installed and a significant number of vehicles were still
encroaching on R1, AG, and City property.
. June 6, 2005 - NE Wrecking on City Council agenda. Letter from Joseph Bitter
(represents RK) regarding NE Wrecking's desire to purchase or lease (as a
second option) City Property.
. June 13, 2005 - Letter to Joseph Bitter from Engineering requesting information
in order to proceed with the lease/purchase agreement.
. June 16, 2005 - Letter from Joseph Bitter to City Manager.
. June 20, 2005 - Letter from Michael Van Milligen to Joseph Bitter regarding the
City negotiating a property lease; not a purchase agreement. Mr. Bitter was
requested to contact Ron Turner to arrange a meeting.
. July 8, 2005 - Ron Turner waiting to hear from Mr. Bitter and receive information
(previously requested) about the specific property RK wishes to lease.
. July 14, 2005 - Compliance Deadline.
. July 15, 2005 - Staff inspected the premises at NE Wrecking with Joseph Bitter
and RK. Negotiations as to lease of City property pending. Contents of salvage
yard obscured from view. Salvage vehicles removed from AG property and a
screening fence is installed within the HI Zone.
Non compliance as to R-1 property and City property.
· July 15, 2005 - Cindy Steinhauser, Joe Bitter, and Guy Hemenway met and
agreed on extension of Compliance deadline to July 29th (also approved by City
Manager).
· August 15, 2005 - Staff inspected the premises at NE Wrecking with Joseph
Bitter and Roger Kunde. Contents of salvage yard obscured from view. Salvage
vehicles removed from City property.
Non-compliance as to R-1 property. Salvage vehicles still remain on R-1
property.
· August 16, 2005 - City Manager, Tim O'Brien, Laura Carstens, Gus (& other
staff) met with Roger Kunde, Joe Bitter, Scott Kunde and Steve Simon.
Compliance deadline of August 16, 2005 extended.
With respect to City property, it is not for sale; lease negotiations pending.
. August 29, 2005 - Applied for rezoning of approximately six acres of property
from R-1 to HI.
. August 30,2005 - Enforcement as to salvage vehicles remaining on R-1
property stayed until outcome of application per City Manager.
. October 5,2005 - Zoning Advisory Commission approved rezoning of R-1 to HI
with three conditions.
a Preserve and retain (trees) existing vegetation.
a No storage of salvage material is allowed south of tree line.
a No buildings shall e constructed on this property
. October 17, 2005 - City Council approved rezoning R-1 property to HI.
Published and in effect on 10/21/05.
. October 18, 2005 - Staff inspected site - in compliance with the Zoning
Ordinance - no violations observed - file closed.
. October 31, 2005 - Applied for rezoning of approximately 3.9 acres from AG
Agriculture to HI Heavy Industrial located northeast of the adjacent salvage yard
(200 feet).
. December 5, 2005 - rezoning request tabled by Zoning Advisory Commission
until Kunde produces proof of having obtained all necessary permits from Iowa
Department of Natural Resources.
March 28, 2006
The Honorable Mayor and City Council
C/O City Clerk
City Hall 13th Street
Dubuque, IA. 52001
Ladies and Gentlemen:
RE: rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on
West 32"d St. from R-1, Residential to Heavy Industrial.
I am asking for permission to address the council at the April 3'd meeting regarding the
above. I do not agree with your action of March 20 on the zoning mentioned above.
It appears that I lost the zoning vote. This vote assumed that Mr Kunde will install burms,
fencing and trees. However, at this point he has only defaced the neighborhood further
with additional scraped vehicles. I would like to see you enforce the conditions of his
zoning prior to his further defacement of the neighborhood.
Mr. Kunde has lived up to nothing but bringing the neighborhood into disarray to this
point. We would like a further restriction on his request. That is, to make permanent the
restrictions on his access to the property from Olympic Heights Road.
Planning and zoning has given more time for Mr Kunde to complete this project than it
would take to complete a $1,500,000 dollar project. Certainly a burm, trees and a fence
do not warrant this kind of delay, when he is already, in eight days, further defacing the
neighborhood.
Thank you,
(jJ~?,u/tud
Paul J. Uhlrich
489 Olympic Heights Road.
Dubuque, Iowa. 52001.
. !
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13"' Street Telephone: 589-4121
ORDINANCE NO.
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 55 W. 32ND STREET FROM AG
AGRICULTURAL DISTRICT TO HI HEAVY INDUSTRIAL 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, subject to the conditions(s) in the attached
Memorandum of Agreement, by reclassifying the hereinafter described property as
shown in Exhibit A, all in the City of Dubuque, Iowa from AG Agricultural District to HI
Heavy Industrial District.
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
l.YOf
L/. /!
/ ( / .
. ~[, /lj
Roy D.. 01, Mayor
2006.
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 shown in Exhibit A, which is the subject of Ordinance
No. -06, 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) Screening be installed along the north zoning district boundary line as per
submitted cross section.
2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be
completed by January 1, 2008.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the AG Agricultural 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) Recordina. 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 thirty (30) days of the adoption of Ordinance No.
- 06.
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. 06
I, Roger Kunde, representing North End Wrecking, Inc., property owner,
having read the terms and conditions of the foregoing Ordinance No. -06 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
2006.
By
Roger Kunde, President
.
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Jeanne Schneider - Petition for the Council meeting 02/20
-~,-------~- -- -- - ----------
From:
To:
Date:
Subject:
<Hope. Huseman@swissvalley.com>
<jschneid@cityofdubuque.org>
0211512006 10:09 am
Petition for the Council meeting 02/20
I would like to submit this petition for the February 20, 2006 in respect
to the
proposed rezoning by Roger Kunde and North End Wrecking. Am I following
the correct procedure? I can bring the original down also if needed.
Thanks!
(See attached file: 20060215094635219.pdf)
Hope Huseman
AccountsReceivable
Swiss Valley Farms
Hope.Huseman@SwissValley.com
1
THE CITY OF
"....
Planning Services Department
Oty Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
~~~
February 7,2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant:
Location:
Description:
Roger Kunde/North End Wrecking
55 W. 32nd Street
To rezone property from AG Agricultural District to HI Heavy Industrial
District.
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. He submitted an NPDES permit and a
letter from City Engineering stating the site was compliant regarding erosion control and
storm water management. He also submitted a packet of information proposing
conditions on North End Wrecking's operations.
Staff reviewed the zoning history and proposed screening for the site, and
correspondence from the City Engineering Department.
There were no public comments.
The Zoning Advisory Commission discussed the request and reviewed the conditions
proposed by the applicant.
Recommendation
By a vote of 6 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request with the conditions that:
1) Screening be installed along the north zoning district boundary line as per
submitted cross-section.
2) The hours of operation be limited to 8:00a.m. to 5:30 p.m. Monday thru Friday,
and 8:00 a.m. to 12:30 p.m. on Saturday.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Roger Kunde/North End Wrecking, Inc.
Page 2
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be completed by
January 1, 2008.
Iowa Code requires that the property owner(s) agree, in writing, to a conditional
rezoning prior to the close of the City Council's public hearing.
A simple majority vote is needed for the City Council to approve the request. A super
majority vote is needed for the City Council to remove or change a condition
recommended by the Commission.
Respectfully submitted,
M"b ~
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
D~~~E
~<k~
aty of Dubuque
Planning Services Department
Dubuque, IA 5200H864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpedal Exception
DUmited Setback Waiver
III Rezoning
UPlanned District
DPreliminary Plat
DMinor Final Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
DAnnexation
DTemporary Use Pennit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tyee or Drlnt leaiblv in Ink
Property owner(s): North End Auto Wreck ing, lnc. Prone: 563-556-0044
Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001
~bj-~(jH-l)lIJj - Attorney B1 tter
Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652
Applicant/Agent: Roger Kunde, Pres i dent
Phone: 563-590-1652
Address: 55 W. 32nd St.
~bj-~ee-1)11)3 - Attorney
Fax Number: 563-556-5097
Site location/address: 55 W. 32 n d St.
Oty: Dubuque State:.1A.- Zip: 52001
B itter
Mobile/Cellular Number: 563-590-1652
Existing zoning:
AG
Proposed zoning: H. I n d Historic District: No Landmark: I..<<>
Legal Description (Sidwell parcel 10# or lot number/block number/subdivision): I nt 1 nf I nt 1 nf
Lot 1 of Oakwood in thp r.ity of nllhllqllP, 1 nwe
Total property (lot) area (square feet or acres): ." 7" e-',,-' .:s. 0.!5
Describe proposal and reason necessary (attacl1 a letter of explanation, if needed):
See etterhpd lpttpr
CERTIFICATION: 1/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 public record;
2. Fees a refundable and payment does not guarantee approval; and
3. ltional ritten and ra ie materials are attached.
Date: /D- 5/- D S-
Date:
J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee~t!o~. .6'> Received by: ~ Date: ~ Docket:
DSite/sketcl1 plan 0 Conceptual Development Plan Dphoto o Plat
Dlmprovement plans DDesign review project description DAoor plan DOther:
BITTER LAW OFFICES
4B5 LOCUST STREET
DUBUOUE, IOWA 52001-694D
Joseph J. Bitter'
Thomas A. Bitter
Office: 563-588-4608
Fax: 563-588-0103
Residence
Joe: 583-582-1768
Tom: 583-582-7545
.Also licensed in Illinois
Client parking in rear
January 31, 2006
Zoning Advisory Commission
City of Dubuque
City Hall
50 West 13th St.
Dubuque,IA 52001
RE: North End Wrecking/Roger Kunde Rezoning Request
Now Scheduled for Wednesday, February 1,2006
Perhaps you have had an opportunity to familiarize yourself with the smash Broadway stage play
written by Roger Kunde entitled "A Funny Thing Happened on the Way to My Rezoning".
We appeared before you on December 7, 2005. Prior to that time, we submitted to you a written
proposal dated December 5, 2005. I enclose a copy for your easy reference purposes.
On December 7, 2005, it was our impression that your Commission was unanimously in favor of
the rezoning request for the 3.9 acres of property which North End Wrecking seeks to rezone
from Ag to Heavy Industrial.
At the December 7, 2005 meeting, some of the members of the Commission expressed concern
over whether or not Mr. Kunde would need a discharge permit. It was suggested by your
Commission and readily agreed to by us that the meeting be adjourned and the rezoning request
tabled until a later date so that we could make inquiry as to whether or not a discharge permit is
required, and if so, the additional time would allow us to apply for and obtain that discharge
permit.
Mr. Kunde and his assistant, Mr. Steve Simon, feeling that your concerns were legitimate and
should be addressed, made prompt contact with the City of Dubuque to determine what permits
might be necessary, and how those permits could be obtained. They have worked closely with
City staff, and we enclose a letter dated December 29, 2005, from Deron Muehring. Mr.
Muehring is the staff member deemed most qualified in this particular area. A copy of the
December 29, 2005 memorandum is enclosed. Further, at the time this letter is dictated, we are
expecting to receive a follow-up letter from Deron Muehring stating that there is no problem
with erosion and water runoff, and the amount of discharge is well within recognized tolerances.
Perhaps if his letter is received by us by the time thi s letter is typed for presentation to you, we
will attach a copy. In any event, we are sure that you will receive a copy in your packet of
information to assist you in your deliberations.
Zoning Advisory Commission
January 31, 2006
Page 2
It is my recollection that the only issue that concerned the Commission on December 7, 2005
was the water runoff and the possible need for a permit. However, the City staff has been
working with Mr. Kunde and Mr. Simon. Mr. Kunde and Mr. Simon were told who to contact in
Des Moines, and they promptly followed up and contacted Mr. Joe Griffin with the Department
of Natural Resources. Mr. Griffin suggested and required that pursuant to Iowa law, a notice be
published in two separate newspapers of general circulation in Dubuque, Iowa. That notice has
been published, and part of the packet that you will receive from us shows compliance.
Enclosed with our packet you will also find the two page storm water discharge permit issued by
the Department of Natural Resources, under Permit Discharge Authorization No. 10724-10521.
The City staff has also suggested that in order to assure friendly relations with the neighborhood,
certain restrictions be placed on the approval to rezone the 3.9 acres. Those restrictions are as
follows:
1. The work activities on the 3.9 acres will be restricted to 8:00 a.m. through
5:30 p.m., Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
2. No building will be constructed or moved onto the 3.9 acre parcel.
3. The baler and the crusher will not be located on the 3.9 acres. In fact, Mr.
Kunde has plans to construct a permanent base quite some distance to the south and east
on other property that he owns. The baler and crusher will be located together on that
pad. This will give significant distance between the baler and the crusher and any
residential property.
4. Mr. Kunde will construct a fence and/or berm along the northwest corner
of the property to be rezoned. Construction has been started, and will be completed as
soon as possible, but not later than January I, 2007. While the construction of the
fencelberm is in progress, and until it is completed, Mr. Kunde will not place or allow
any cars in that northwest corner at any point where fencing and the berm have not been
completed. This is so that neighbors need not view cars. Naturally, when construction is
completed, the possible complaints about cars being visible will be elil11inated. In
addition, Mr. Kunde is in the process of constructing a fence along the northeast side of
the property. Presently, he is filling in along the perimeter in the northeast corner so that
the berm can be constructed. This will be completed by the year 2008.
.JI>N I
Mr. Kunde and Mr. Simon will be present at the meeting to answer any questions. We trust that
staff will be present also should there be any concerns.
Zoning Advisory Commission
January 31, 2006
Page 3
Thank you for your past considerations and for your careful attention to this request.
Very truly yours,
J~
JJB/km(6)
Ene.
cc: Jeff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-8940
Joseph J. Bitter'
Thomas A. Bitter
Off~e: 563-588-4808
Fax: 583-588-0103
Residence
Joe: 563-582-1768
Tom: 563-582-7545
'Also licensed in Illinois
Client parking in rear
December 5, 2005
Planning & Zoning Commission
City of Dubuque
City Hall
50 West BUt St.
Dubuque,IA 52001
RE: North End WreckingIRoger Kunde Rezoning Request
Now Scheduled for December 7:2005
On behalf of the applicants, we wish to request rezoning of approximately 3.9 acres of property
to Heavy Industrial. Approximately one month ago, your Board unanimously recommended to
the City Council rezoning additional property for Heavy Industrial. The City Council likewise
approved this rezoning unanimously. At your meeting, one young man expressed concern. He
was John H. Hamilton who had recently moved to Olympic Heights, having purchased the
residence formerly owned by Mr. and Mrs. Richard Koob. Mr. Hamilton had expressed concern
that Heavy Industrial allows a multitude of uses, and he was unclear about the purpose for the
rezoning request. We met with Mr. Hamilton and eXplained to him that a salvage yard was the
only use being sought. On the basis of that explanation, he indicated that he had no objection to
the rezoning request. You recommended rezoning and the City Council approved it. Likewise,
there were no objectors at the City Council meeting and the request was approved 7 to O.
We now come before you asking to rezone additional property. This property is the same or
similar to our rezoning request made more than a year ago. The Commission recommended the
rezoning at that time, but the City Council had concerns about screening. We believe that we
have addressed the screening issue very extensively and that Mr. Kunde can satisfy the City and
the neighbors that he is sensitive to their concerns and willing to do about anything necessary to
show his good faith and willingness to be a good citizen.
We enclose some documents for your consideration, including the letter that I wrote to the City
Council for the previous rezoning which was approved.
Planning & Zoning Commission
December 5, 2005
Page 2
Thank you for your consideration.
Very truly yours,
JJB/km( 6)
Ene.
cc: Jl;ff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 Locust Street
Dubuque, Iowa 52001
Joseph J. Bitter *
Thomas A. Bitter
* Also licensed in Illinois
Phone: (563) 588-4608
Fax: (563) 588-0103
October 18, 2005
The Honorable Mayor and Members of the City Council
City of Dubuque Iowa
Re: Roger KundelNorth End Wrecking, Inc.
Please consider this a brief summary of our position.
..
1. We submit that this is the perfect place for a salvage yard. A salvage yard has
been in this same location for about 50 years. Roger Kunde operates a very orderly
salvage yard. By nature, salvage yards are not neat and orderly like a flower garden, but
we believe that Mr. Kunde has done about as good a job as can be expected of a salvage
yard. The staff has been there numerous times and some of the members ofthe council
have been there.
2. The Zoning Commission unanimously approved the rezoning request.
3. There is absolutely no other use for this property. It could never be used for
any purpose other than undeveloped land, if not used as a salvage yard.
4. At the Zoning Commission there was one person who appeared who expressed
concern. This is a young gentlemen who has recently moved on to Olympic Heights. We
spoke with him at length after the zoning meeting, and he was very favorable to Mr.
Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard.
His only concern was that the zoning requested could produce a lmge number of other
possible uses, some of which were objectionable to him. We assured him that Mr. Kunde
will never use this property for any of those other undesirable purposes. He appeared to
be completely satisfied by that, and again we reiterate that he was not opposed to the
rezoning for the purposes of a salvage yard.
5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions.
Those restrictions were in our opinion very reasonable and Mr. Kunde agreed
immediately to abide by them. Laura Carstens prepared the memorandum which Mr.
Kunde signed immediately. The conditions are:
The Honorable Mayor and Members of the City Council
October 17,2005
Page 2
a) Maintain the existing vegetation. Mr. Kunde intends to do this and in
fact has planted other vegetation in the form of fast growing trees which
he hopes will screen the property even better than it is now screened.
There is very little residential property within a reasonable distance, and
Mr. Kunde will screen the fencing and vegetation to the satisfaction of the
City. We believe that in dealings with the City staff in the recent past, he
has shown his best intentions and that he is a man of his word. Mr. Kunde
does not intend to remove any natural vegetation which will allow the few
residences within 300 feet to view the salvage yard. We agree with the
Staff report that states that "the proposed heavy industrial area is
physically well separated from adjacent residential land uses." The City's
concern that if the natural vegetative buffer is removed during
development, the yard may be more visible to residential areas which,
are in fact, quite some distance away. Mr. Kunde intends to lower the
grade of the property at least six feet or more which will greatly reduce its
visibility from the outside. North End Wrecking is so welled screened
from the outside that many people are not aware of it, and very few people
are aware of the salvage yard located behind the office building.
b) No salvage material should be allowed south of the tree line. Mr.
Kunde agrees.
c) No buildings should be constructed on the prop,erty. Mr. Kunde
agrees.
6. This property will be surrounded by property owned by Mr. Kunde/North End,
except on the south along 32nd Street where the property will be adjacent to City property.
There are houses on the City property which have been removed or are being removed
because of the storm detention basin. The City will construct a basin on its own property,
and the City seeks an easement from Mr. Kunde. This will be a valuable concession to
the City, which Mr. Kunde is willing to grant in exchange for the rezoning, at no charge.
7. At the zoning meeting, I do not recall any negative comments made by City
Staff. I think your Staff could confirm that Mr. Kunde has been most agreeable-and
cooperative. He has been a good citizen, and will continue to be a good citizen.
8. Mr. Kunde and Mr. Steve Simon, an agent of North End Wrecking will be
present at the meeting to answer any questions.
The Honorable Mayor and Members of the City Council
October 17, 2005
Page 3
Thank you for your consideration.
Very truly yours,
Joseph J. Bitter
Bitter Law Office
JJB/jt!2
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE,IOWA52001.8940
Joseph J. Bitter'
Thomas A. Bitter
Office: 583.588.4808
Fax: 563-588-0103
ResidenCE
Joe: 563.582.176E
Tom: 563-582-7545
. Also licensed in Illinois
Client parking in rear October .11.2005
RE: Zoning Appeal on Property Owned by North End Auto Wrecking, Inc.
NOl1h End ,'uto Wrecking. Inc and Il,oger Kunde. Ihe Principal and President, owns
approxiJ118telv In parcels of real c'st<11t' sLlIToundin~ the husiness enlilv 'II s., IV 32,..1 Slreet in
Dubuque, Iowa. North End Auto \-Vrecking, IIIC. has conduCled business '1llhis locill;on in
e?,cess of ~(J years. The bu i lei i ngs of Ihis corporm ion arc l.ocat cd "n the 1eI',,1 are" 0 I' 1;1I1e1
. d' I d' \\' ',''''s
Ill1me late y a .!aeen! to ". .'_ .. tree!.
North End ..\UIO Wrecking. Inc is illlho business ot'purchasing. recycling, and reselling used
autos and aulo pans. The husiness purchases IITedcd or disabled aulolllohiles. strips them 01'
their usahle parts. then crushes thelll alld disposes of the relllaining body oflhe cat' 10 be used 1,)1'
scrap. The salvageable pans are kept and inventoried by a COlllputel' lor resale. This process
m~kes ilnecessarv II)!' the vehicles to be' Slored for a period of time while the pans flre being
taken off and the vehicle is being dismantled.
The Dubuque Planning & Zoning Commission quite recently has unanimously recommended
rezoning of a portion of this propel1y, previously zoned R-l. The Zoning Commission
un~nimously recommended rezoning of the propel1y to H-J. The matter then came before the
City Council who unanimously accepted the recommcndation and approved the I'ewning to H-1.
Roger Kunde now seeks to rezone appro,imately S,7S additional acres to 1,1-1. This propel'ly is
needed ftlr his lousiness The prllpl'l't\' is located behind the huildings i1nd un properlY 10 Ihe
NOI1h. The: I1I'I)P(:I'I\ is slilloundd '''llim'" sides h\' 11-1 propel'll' now h,'in~ useel hy Nonh End
Auto \Vred:ill~. Inc In tilelr hllsint....ss. Oil tilt SOlll11 siek. 111t: propel'lv' IS ;ldp'LceI11 In properly
owned b)' the CilY ,dT)lihuque Tile Cit\ ot' Dubuquc pmperly f"(II1[s \V 32'''' Slreet, i1nd
consists of empty land plus some houses Ihm have heen purchased for destruction so as 10 milke
way for the W. 32'''1 Street detention basin The request to rezone excludes a strip ol'ground
around the NOrlh perimeter of the propeny, 100 feet in width. This property will remain
agricultural, will be heavily planted iutrec's, and will serve as a wooded buffer zone between the
salvage y"rd and Olympic Heighls Road on the NOI1h.
As indicated l'Isc\\'here in rhi, leticr, the Cit)' ofDlIhuWle o\vns /impel'!)' to 1l1c South, adjacent to
W. 32",1 Street. and ilhlllTing !"ol1h End's pl'()peny on the Sourh N\)t all of II Ie City's pl'Ol~eny
will be necessary 1,)1' tlte cktentilln IJcbill. SOIlll' oCthe pruperty. that purtilln adjuining NUl'!h
October 3 I, 200:;
Re: NOl1h End Auto Wrecking, Inc.
Page 2
End, may be available for North End to purchase or lease from the City for their salvage yard.
We have met with the City Manager and stan: and the Manager has indicated a willingness to
lease a pOl1ion oflhe City's properly 10 North End It)r salvage purposcs. In rcturn, the City 01'
Dubuque wanlS and needs some of North End's propel1y to construct a road around the deiention
basin. NOl1h End is willing to accommodate the City as part of a rezoning request and the
lease/purchase of the unneeded Cily propcrty to North End.
The propel1y in question has been used as part of the salvage yard since 1955. Arthal time, the
propel1y was located within DubuCJue County, but outside of the limits of the City of Dubuque.
When the City of Dubuque annexed the property, it was incorporated into the City as
agricultural. Because North End has been in continuous possession and use of this propel1y
since prior to zoning, the propel1y may be "grandfathered" in any event. Nevertheless, we make
this zoning.request. We wish ro forego any ~Iaim of prior inconsistent use (grandfarhering).
In the year 2001, Roger Kunde purchased the shares ol'stock in North End Auto Wrecking, Inc.
and became tlie principal shareholder and President ol'Nol1h End. He continued to operate the
salvage yard in ils same location. In mder It)r the salvage yard to be successttll and pJ'Osper, it
must grow, and the land in question appears to US 10 be a n8lural use ol'the property. It is in t~lct,
the only use to which the propcI1y can be put for all practical purposes
Since Roger Kunde became the Principal ofNol1h End in 2001, he has lowered the grade of the
rop of the hill significantly His plans call tar further reducing the hill by bel ween 6 and I:; feet.
This will further reduce the visibility ol'the yard.
The City Manager and several staiT members have been to this property, some of them several
times I think they can vouch for tbe tact tbat Roger Kunde has done a good job of organizing
the yard, updating it, and keeping it as neat and clean as can be expected of a salvage yard.
Roger Kunde has been a good citizen and intends to continue in this tradition.
Roger Kunde has taken substantial steps at his expense to re-route the flow of the water from this
property into detention basins, consistent with the City's plan. Roger Kunde bas put in hundreds
of feet of tile We believe that the water runoff situation is far better now than at allY time in the
last 50 years.
The property sought to be rez.oned rllns 10 Olvmpic lleights "tong the Norlh bOllne!iwy.
Howevel-, the bull'er 7J,ne 01' 100 feel need not be rt'7.onl'e! and sholl Ie! rl'nwin in agl-iclIllural
This is the butTer wnl' Ibat Ivill be planted heavilv intrl'es and rl'mainlloocled
The City of Dubuque has had concerns in the past about screening the property fi-ol11 the view of
others, including the I'ew houses on Olympic Heights that have any view of-the property. Roger
Kunde agrees with the City's screening plans entirely, has taken substantial steps to screen and
October 31, :?O05
Re: North End Auto Wrecking, Inc.
Page 3
has placed fencing along the Northerly boundary. line. He has planted evergreen trees so that the
propelty will have a thick, dense screen fi'om Olympic Heights. This process is ongoing, and
Roger will continue to diligently screcnthe properlv 10 the satisfaction ol'the City
This zoning request cal11e helllre the Planning &. Z(lning Commission in the spring oJ'2004. The
Coml11issionunanimously approved the re7.0l1ing request, on condition that no building be
erected on the site. Roger Kunde ('.ollCuITl,d with Ihis rcqlleSI. We believe Ihill one l11el11ber of
the COl11mission was absent
We will submit a l11ap showing the property which we seek to rezone, also showing the
surroundil!g propelty owned by the City of Dubuque and NOlth End Auto W,:ecking, Inc./Roger
Kunde. We \"ill be available to answer questions. '
Thank you fOl' your consideration.
JJB/km
~~~E
~<k~
Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditlonal Use Permit
DAppeal .
DSpedal Exception
o Umited Setback Waiver
llIRezoning
tjPlanned District
DPreliminary Plat
DMlnor Final Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
OAnnexatlon
OTemporary Use Pennit
OCertificate of Economic Non-Viability
DCertificate of Appropriateness
OOther.
Please tvoe or olint leaiblv in Ink
Property owner(s): North End Auto Wreck ing, Inc. Phone: 563-556-0044
Address: 55 W. 32nd St. Oty: Dubuque State:--1LZip: 52001
~bj-~~~-U1Uj - Attorney Bitter
Fax Number: 563-556-5097 Mobile/Cellular Number: .563-590-1652
Applicant/Agerit: Roger Kunde, Pres i dent Phone: 563-590-1652
Address: 55 W. 32nd St. Oty: Dubuque State:.1A-Zip: 52001
~bj-~~~-Ul0j - Attorney Bitter
Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652
Site location/address: 55 W. 32nd St.
Existing zoning:
AG
Proposed zoning: H. In d Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number{block number/subdivision): I nt 1 nf I nt nf
Lot 1 of Oakwoorl in thp rity nf ollhllqllP. T nw'
Total property (lot) area (square feet or acres): <; 7<; ,rrp<
Desaibe proposal and reason necessary (attach a letter of explanation, if needed):
Sep ,tt,rhprl lpttpr
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 public recond;
2. Fees a refundable and payment does not guarantee approval; and
3. All tional ritten and ra h;: materials are attached.
Property wnerCs):
Applicant,! Age .
Date: /D~ B/~DS-
Date:
seph J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608
FOR OFFICE USE ONLY - APPUCATlON SUBMmAL CHECKUST
Fee: Received by:
DSite/sketch plan 0 Conceptual Development Plan
DImprovement plans DDesign review project desaiption
Date:
Dphoto
DAoor plan
Docket:
o Plat
DOther:
~
STATE OF
I
VV-~
DEPARTMENT OF NATURAL RESOURCES
THOMAS J. VILSACK. GOVERNOR
SALLY J. PEDERSON , LT. GOVERNOR
JEFFREY R. VONK, DIRECTOR
DEPARTMENT OF NATURAL RESOURCES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NOTICE OF GENERAL PERMIT COVERAGE UNDER
GENERAL PERMIT NO.2
STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
This notice of general permit coverage for a storm water discharge associated with construction activity
is issued pursuant to the authority of section 402 (b) of the Clean Water Act (U.S.C. 1342(b)), Iowa
Code 455B.174, and subrule 567--64.4(2), Iowa Administrative Code. A Notice ofIntent has been filed
with the Iowa DepUltment of Natural Resources that this stOlID water discharge complies with the terms
and conditions of NPDES General Permit No.2. Authorization is hereby issued to discharge st01111
waler associated with industrial activity as defined in Part VIII of the Iowa Department of Natural
Resources NPDES General Permit No.2 in accordance with the terms and conditions set forth in the
permit.
Owner: ROGER H. KUNDE
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE IA 52001
(319)556-0044
Permit Coverage Issued To:
NORTH END WRECKING, INC.
55 WEST 32ND STREET
in DUBUQUE, DUBUQUE COUNTY
located at
-- ----1- ---- -r--- i - -----r Latitude ----~r--- -~--- LZmgl!UtlC ---.-
lI4S~CIIOIl I Sel.:tton I Townslup I Rang:_~---:::-r---+'------I- - i Sel,;uuds
[_~--~~_1;~~~-~~t8:_~~ _~-LL~~~~~- ~e_c~nds_ D_~ee=- _MmuteSJ=~_
Coverage Provided Through:
NPDES Permit Discharge Authorization Number:
Discharge Authorization Date:
9/30/2008
10724 - 10521
1/20/2006
Project Description: SITE DEVELOPMENT }-OR THE STORAGE OF SALVAGED
CARS. LESS THAN 1 ACRE.
WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319/515-281-5145/ FAX 515-281-8895
DEAR STORM WATER DISCHARGER:
Weare using the following contact person and address for correspondence relating to the storm
water discharge general permit. If you prefer that correspondence be sent elsewhere, please make
the appropriate changes below and return this form to us so that we can update our records.
Mail changes to:
Stonn Water Coordinator
Iowa Department of Natural Resources
502 E. 9th St.
Des Moines, IA 50319-0034
DNR Permit Nnmber:
IA - 10724 - 10521
Contact Person:
ROGER H. KUNDE
Contact Address:
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE, IA 52001
Telephone:
(319)556-0044
ubuque
dvertiser
2966 J.F.K. Road
Dubuque, Iowa 52002
Phone (563) 588-0162
Fax No. (563) 582-0335
e-mail: dhqadvertiser@dbqadvertiser.com
January 12, 2006
To Whom It May Concern
RE: PUBLIC NOTICE OF STORM WATER DISCHARGE
I hereby certify that the public notice below for North End Wrecking of Dubuque was
published in the paper on January II, 2006.
The Dubuque Advertiser is a publication with mass circulation in the Dubuque, Iowa
area. The circulation exceeds 35,000 as proven by Circulation Verification Council, an
independent circulation auditing firm.
If you have any questions, please call me.
Sincerely
Greg Birkett
General Manager
PUBLIC NOTICE OF STORM WATER DISCHARGE
North End Wrecking Inc. plans to submit a Notice of Intent to the
Iowa Department of Natural Resources to be covered under NPDES
General Permit No. 2 for "Storm Water Discharges Associated with
Industrial Activity for Construction Activities."
The stonn water discharge will be from storage of salvaged cars
located in S. E. 114 Section-ll Township 89N. Range 02E, and N. E.
1/4 Section 14 Township 89N. Range 02E. Storm water will be
discharged from three point source(s) and will be discharged to the
following stream: B-Branch Catch Basin to Mississippi River.
Comments may be submitted to the Stonn Water Discharge
Coordinator, Iowa Department of Natural Resources, ~vironmenta1
Protection Division. Henry A. Wallace Building, 502 East Ninth Street,
Des Maines, IA 50319.0034. The public may review the Notice of
Intent from 8 a.m. ta 4:30 p.m., Monday through Friday, at the above
address after it has been received by the department.
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City of Dubuque
Engineering
50. W. 13th Street
Dubuque, IA 52001
(563) 589-4270
(563) 589-4205 FAX
January 31,2006
Mr. Roger Kunde
North End Auto Wrecking
55 W. 32nd Street
Dubuque, Iowa 52001
pear Mr. Kunde,
The purpose of this letter is to summarize my opinion of the .erosion concerns on your
property at 55 W. 32nd Street, Dubuque, Iowa.
As I stated when we met on your property, I didn't see any visual signs of erosion taking
place on the embankment or the small diameter storm sewer pipes that outlet around
the site. As we saw there was one area below one of the small diameter storm sewer
outlets that should be monitored. A small rut indicates that erosion occurred at some
time but vegetation in and around the rut suggests that it may not be a problem at this
time. As we agreed, both North End Auto Wrecking and the City will monitor it this
summer to see if erosion occurs. In the event that it does, the ditch would be armored.
Sincerely,
[)vt;J;~~
Deron Muehring, Civil Engineer
Cc: Gus Psi hoyos, City Engineer
Kyle Kritz, Associate Planner
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REZONING STAFF REPORT
Zoning Agenda: December 7, 2005
Property Address:
55 W. 32nd Street
Property Owner:
North End Wrecking, Inc.
Applicant:
Roger Kunde
Proposed Land Use: Auto Salvage
Proposed Zoning: HI
Existing Land Use: Vacant
Existing Zoning: AG
Adjacent Land Use:
North - Vacant/Residential
East - Vacant
South - Heavy Industrial
West - Vacant/Residential
Adjacent Zoning: North - AG/R-1
East - AG/L1
South - HI
West-AG/R-1
Former Zoning:
1934 - Light Industrial
1975 - AG Agricultural
1985 - AG Agricultural
Total Area: 3.9 acres
Property History: The property remained an undeveloped, heavily wooded hillside and hilltop
until recent excavation cleared many ot the trees and leveled the hilltop.
Physical Characteristics: The area requested to be rezoned is approximately 3.9 acres ot an
approximately 14 acre lot that has some level area on top and heavily wooded bluff that slopes
down to the Olympic Heights Road right-ot-way.
Concurrence with Comprehensive Plan: Goal 3.1 otthe Land Use and Urban Design
element states, 'To promote retention ot existing industrial property." Goal 4.1 states, 'To
protect and preserve existing open space." Goal 6.1 states, 'To promote a compatible mix ot
land uses." Goal 6.2 states, 'To buffer and protect incompatible uses from each other."
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. However, erosion control
measures must be taken to prevent runoff and erosion on the northem slope ot the property
that drains onto the public right-ot-way.
Traffic Pattems/Counts: The expansion ot the proposed salvage vehicle storage area and
should generate very little additional traffic.
Public Services: Existing public services are adequate to serve the site.
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, and that the salvage materials are stored in such a manner as to be
compliant with all state and federal regulations.
Rezoning Staff Report - 55 W. 32"d Streetpage 2
Adjacent Properties: The expansion of the existing salvage vehicle storage yard to the
north may have a two-fold impact to adjacent residential properties. First, a significant
portion of the natural vegetation has been removed which makes some of the salvage yard
more visible from those properties to the north along Olympic Heights and Hawkeye Drive.
Secondly, expanding the salvage yard to the north places the salvage vehicles and
industrial activity closer to adjacent residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to expand an existing auto salvage yard to the north
of its current hilltop location. The salvage yard has been in operation prior to its annexation to
the City that occurred some time in the 1940s. The proposed expansion will be approximately
3.9 acres into an existing agriculturally zoned property. In anticipation of expanding the salvage
operation, the applicant has done extensive grading on the hilltop just south of Olympic Heights
Road and removed a large portion of the vegetative cover. This has opened the view to the
salvage yard from residential properties on Olympic Heights and Hawkeye Drive. Subsequent to
removal of the vegetation, the applicant has placed a 12.foot high black fabric fence along the
current HI District boundary line to screen some of the salvage operation from adjacent
residential property. The applicant has also begun to place a higher steel fence and evergreen
vegetation on the exterior along a portion of the area proposed to be rezoned. Currently, the
steel fence is higher and more effectively screens the salvage operation from those residential
properties along Olympic Heights and Hawkeye Drives.
Currently, the distance of the most direct view from the rear of the closest residence to the
salvage yard is approximately 400 feet. If the rezoning is approved, that distance will be
reduced to approximately 300 feet.
The Commission can consider conditions on the rezoning that may help to mitigate potential
negative impacts of the expansion of the salvage yard. The applicant has submitted a
landscaping plan that shows a cross section and the location of the landscaping fence and
vegetation. The Commission can recommend that this plan be required for screening the
salvage yard. Also, the Commission can require that lighting either be not allowed or limited to
the expanded area and/or that no buildings or permanent machinery such as crushers or bailers
be allowed at this location.
If approved, current zoning regulations require that the auto salvage yard be screened where the
natural vegetative screen has been removed. Staff recommends that the Zoning Advisory
Commission review Sections 6-1.1 regarding criteria for granting a rezoning.
Prepared by <h\"MF.&.LL'i- _owed ,r 1~" //- ~.oi;
HONERABLE MAYOR AND CITY COUNCIL MEMBERS
My name is Dan McDermott and I am Co-owner of McDermott Bros
Construction.
I am currently building the home on the property directly across from
North End Wrecking on Olympic Heights Road/Hawkeye Heights.
I am very concerned with the proposed rezoning of the the North End
Wrecking land from Agriculture to Heavy Industrial. I have had numerous
Viewers of this well built home state" What in the world is over there" as they
Point in the direction of North End Wrecking. They love the house but
Don't want anything to do with the " salvaged vehicles" staring right
At them. I feel this rezoning would be very detrimental to my business.
Please listen to myself and the current neighbors and vote this "NO".
Please give me a call with any questions you may have for me. 582-6577.
JI~.. tfJ~
Dan McDermott
McDermott Brothers Construction
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February 6,2006
AUn: City Council Members
We the residents of Olympic Heights Road and Hawkeye Heights would
Like to show our opposition to the proposed rezoning of agriculture land
To Heavy Industrial presented by Roger Kunde and North End Wrecking,
Inc.
We hope you vote this as "NO".
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February 8, 2006
The Honorable Roy Buol and City Council
C/O City Clerk
City Hall" 13th S1.
Dubuque, fA. 52001
Honorable Mayor and Council:
RE: Rezoning by Roger Kunde a.k.a. North End Auto Wrecking of parcels on
West 3200 S1. from R-I residential to Heavy Industrial.
It appears that, now that there is a new administration, Mr. Kunde is trying again to get
this rezoning issue passed. It failed the last time by a margin of 7-0. I urge you to repeat
that vote after your deliberations this time also.
Here, after approximately eighteen months, we are going to rehash not only the inclusion
of a scrap yard in the city proper, but also it's inclusion in a residential area. I thought
that you had settled this issue the last time that he brought you his application. We
implore you to deny him unsettling this neighborhood once and for all.
Thank you,
(fad ~ C44<-td
Paul 1. Uhlrich
480 Olympic Heights Rd.
Dubuque, IA. 52001
Encl: Letter dated September 8, 2004
NOV-Z9-2005 rJ~ "3:28 p~ DBQ, ~ITY CLER~
FAY. ~C, 563 589 0890
P. C2
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September 8, 2004
The &nonbIc Mayor aad City Couneil
C/O City Clak
City Hall 13. Streit
Dubuque, IA. 52001
Ladiea and Oeademca:
kE: r--... by aop' Kunde ..k... North End Aulo WnllltiDa of pan:e\I 011
West 3Z- Sl &am Il- J. Relidemi.. to Heavy Indullria1.
I IDIltrqly ...,.p-d to tile lW.llIIirw oflllil belUlilUllUIt cIiYliiop OIIlbe bIuft: I bave no
objeetioa to tba pr_ wrecki..... tba _ .....I""'I....cI iIIulonlhe 00"""- to
IRIbIiIla . burm and Malrity pII' prcviouIIy pIIIeIt ~ SinI:e, he bu purcbued .
prGpmy wItlllhe aYOMCI jaqat ofbulldi.. a nIid"CJ, 110_ he bu \htInd tbis
property with sllUlDbet otWNCbd ...~ ..lea. Thi. i. ill direct violalioo ofa City of
DUbuqu,',lteAdentlal-u., ~.
He hu tried to open . ~ yw4 on Julien Dulluqua Drive which you IllIIled down. TlIiI
... ClQ Thirty MCOIlcI stnet is a1lmch more ftt !oeIlion lbr r-ld-liol ZOlIlna tIIUI tile old
lJ S ChemicaJ plUlt_
I urge tIIa you decliDe biJ request to _e t!Ii. belutifW resideatial ud qriwllural
_.
Tbaak you,
(p.pJ[.j: UI/kI
Paul J. UhIrich
49 0Iy1!lpic newu Road.
Dubuque. ....... 5200 J.
HONERABLE MAYOR AND CITY COUNCIL MEMBERS
My name is Dan McDermott and I am Co-owner of McDermott Bros
Construction.
I am currently building the home on the property directly across from
North End Wrecking on Olympic Heights Road/Hawkeye Heights.
I am very concerned with the proposed rezoning of the the North End
Wrecking land from Agriculture to Heavy Industrial. I have had numerous
Viewers of this well built home state" What in the world is over there" as they
Point in the direction of North End Wrecking. They love the house but
Don't want anything to do with the " salvaged vehicles" staring right
At them. I feel this rezoning would be very detrimental to my business.
Please listen to myself and the current neighbors and vote this "NO".
Please give me a call with any questions you may have for me. 582-6577.
j!4.. tfJ u2uu.t~
Dan McDermott
McDermott Brothers Construction
-....,. ..,,1
BITTER LAW OFFICES
485 LOCUST STREET
DUBUOUE, IDWA 52001.6940
Joseph J. Bitter'
Thomas A. Bitter
Ollice: 563.588.4608
Fax: 563.588.0103
Residence
Joe: 563.562.1768
Tom: 563.582.7545
~ Also licensed in Illinois
Client parking in rear
January 31, 2006
Zoning Advisory Commission
City of Dubuque
City Hall
50 West 13th St.
Dubuque,IA 52001
RE: North End Wrecking/Roger Kunde Rezoning Request
Now Scheduled for Wednesday, February 1, 2006
Perhaps you have had an opportunity to familiarize yourself with the smash Broadway stage play
written by Roger Kunde entitled "A Funny Thing Happened on the Way to My Rezoning".
We appeared before you on December 7, 2005. Prior to that time, we submitted to you a written
proposal dated December 5, 2005. I enclose a copy for your easy reference purposes.
On December 7, 2005, it was our impression that your Commission was unanimously in favor of
the rezoning request for the 3.9 acres of property which North End Wrecking seeks to rezone
from Ag to Heavy Industrial.
At the December 7, 2005 meeting, some of the members of the Commission expressed concern
over whether or not Mr. Kunde would need a discharge permit. It was suggested by your
Commission and readily agreed to by us that the meeting be adjourned and the rezoning request
tabled until a later date so that we could milke inquiry as to whether or not a discharge permit is
required, and if so, the additional time would allow us to apply for and obtain that discharge
permit.
Mr. Kunde and his assistant, Mr. Steve Simon, feeling that your concerns were legitimate and
should be addressed, made prompt contact with the City of Dubuque to determine what permits
might be necessary, and how those penn its could be obtained. They have worked closely with
City staff, and we enclose a letter dated December 29, 2005, from Deron Muehring. Mr.
Muehring is the staff member deemed most qualified in this particular area. A copy of the
December 29,2005 memorandum is enclosed. Further, at the time this letter is dictated, we are
expecting to receive a follow-up letter from Deron Muehring stating that there is no problem
with erosion and water runoff, and the amount of discharge is well within recognized tolerances.
Perhaps if his letter is received by us by the time this letter is typed for presentation to you, we
will attach a copy. In any event, we are sure that you will receive a copy in your packet of
information to assist you in your deliberations.
Zoning Advisory Commission
January 31, 2006
Page 2
It is my recollection that the only issue that concerned the Commission on December 7, 2005
was the water runoff and the possible need for a permit. However, the City staff has been
working with Mr. Kunde and Mr. Simon. Mr. Kunde and Mr. Simon were told who to contact in
Des Moines, and they promptly followed up and contacted Mr. Joe Griffin with the Department
of Natural Resources. Mr. Griffin suggested and required that pursuant to Iowa law, a notice be
published in two separate newspapers of general circulation in Dubuque, Iowa. That notice has
been published, and part of the packet that you will receive from us shows compliance.
Enclosed with our packet you will also find the two page storm water discharge permit issued by
the Department of Natural Resources, under Permit Discharge Authorization No. 10724-10521.
The City staff has also suggested that in order to assure friendly relations with the neighborhood,
certain restrictions be placed on the approval to rezone the 3.9 acres. Those'restrictions are as
follows:
1. The work activities on the 3.9 acres will be restricted to 8:00 a.m. through
5:30 p.m., Monday through Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
2. No building will be constructed or moved onto the 3.9 acre parcel.
3. The baler and the crusher will not be located on the 3.9 acres. In fact, Mr.
Kunde has plans to construct a permanent base quite some distance to the south and east
on other property that he owns. The baler and crusher will be located together on that
pad. This will give significant distance between the baler and the crusher and any
residential property.
4. Mr. Kunde will construct a fence and/or berm along the northwest comer
of the property to be rezoned. Construction has been started, and will be completed as
soon as possible, but not later than January 1, 2007. While the construction of the
fencelberm is in progress, and until it is completed, Mr. Kunde will not place or allow
any cars in that northwest comer at any point where fencing and the berm have not been
completed. This is so that neighbors need not view cars. Naturally, when construction is
completed, the possible complaints about cars being visible will be eliminated. In
addition, Mr. Kunde is in the process of constructing a fence along the northeast side of
the property. Presently, he is filling in along the perimeter in the northeast comer so that
the berm can be constructed. This will be completed by the year 2008.
~v1r. Kun.de and 1v1r. SinIon will be present at the 111eeting to a11S\^/er ailY questions. Vie trust that
staff will be present also should there be any concerns.
Zoning Advisory Commission
January 31, 2006
Page 3
Thank you for your past considerations and for your careful attention to this request.
Very truly yours,
JJB/km(6)
Ene.
cc: Jeff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-6940
Joseph J. Bitter'
Thomas A. Bitter
Office: 563-588-4608
Fa" 563-588-0103
Residenc
Joe: 563-582.176
Tom: 563-582-754
'Also licensed in Illinois
Client parking in rear
December 5, 2005
Planning & Zoning Commission
City of Dubuque
City Hall
50 West 13tl1 St.
Dubuque, IA 52001
RE: North End WreckingIRoger Kunde Rezoning Request
Now Scheduled for December 7, 2005
On behalf of the applicants, we wish to request rezoning of approximately 3.9 acres of property
to Heavy Industrial. Approximately one month ago, your Board unanimously recommended to
the City Council rezoning additional property for Heavy Industrial. The City Council likewise
approved this rezoning unanimously. At your meeting, one young man expressed concern. He
was John H Hamilton who had recently moved to Olympic Heights, having purchased the
residence formerly owned by Mr. and Mrs. Richard Koob. Mr. Hamilton had expressed concern
that Heavy Industrial allows a multitude of uses, and he was unclear about the purpose for the
rezoning request. We met with Mr. Hamilton and eXplained to him that a salvage yard was the
only use being sought. On the basis of that explanation, he indicated that he had no objection to
the rezoning request. You recommended rezoning and the City Council approved it. Likewise,
there were no obj ectors at the City Council meeting and the request was approved 7 to O.
We now come before you asking to rezone additional property. This property is the same or
similar to our rezoning request made more than a year ago. The Commission recommended the
rezoning at that time, but the City Council had concerns about screening. We believe that we
have addressed the screening issue very extensively and that Mr. Kunde can satisfy the City and
the neighbors that he is sensitive to their concerns and willing to do about anything necessary to
show his good faith and willingness to be a good citizen.
We enclose some documents for your consideration, including the letter that I wrote to the City
Council for the previous rezoning which was approved
.
Planning & Zoning Commission
December 5, 2005
Page 2
Thank you for your consideration.
Very truly yours,
J~
-'
JJB/km(6)
Ene.
cc: J~ff Stiles, Chair
Eugene Bird, Jr., Vice-Chair
Martha Christ, Secretary
Richard Schiltz
Stephen Hardie
Ken Bichell
Ron Smith
BITTER LAW OFFICES
485 Locust Street
Dubuque, Iowa 52001
Joseph J. Bitter *
Thomas A. Bitter
* Also licensed in Illinois
Phone: (563) 588-4608
Fax: (563) 588-0103
October 18, 2005
The Honorable Mayor and Members of the City Council
City of Dubuque Iowa
Re: Roger Kunde/North End Wrecking, Inc.
Please consider this a brief summary of our position.
1. We submit that this is the perfect place for a salvage yard. A salvage yard has
been in this same location for about 50 years. Roger Kunde operates a very orderly
salvage yard. By nature, salvage yards are not neat and orderly like a flower garden, but
we believe that Mr. Kunde has done about as good ajob as can be expected of a salvage
yard. The staff has been there numerous times and some of the members of the council
have been there.
2. The Zoning Commission unanimously approved the rezoning request.
3. There is absolutely no other use for this property. It could never be used for
any purpose other than undeveloped land, if not used as a salvage yard.
4. At the Zoning Commission there was one person who appeared who expressed
concern. This is a young gentlemen who has recently moved on to Olympic Heights. We
spoke with him at length after the zoning meeting, and he was very favorable to Mr.
Kunde. He told us repeatedly how he was not opposed to expanding the salvage yard.
His only concern was that the zoning requested could produce a lurge number of other
possible uses, some of which were objectionable to him. We assured him that Mr. Kunde
will never use this property for any of those other undesirable purposes. He appeared to
be completely satisfied by that, and again we reiterate that he was not opposed to the
rezoning for the purposes of a salvage yard.
5. The Zoning Commission wanted Mr. Kunde to agree to certain restrictions.
Those restrictions were in our opinion very reasonable and Mr. Kunde agreed
immediately to abide by them. Laura Carstens prepared the memorandum which Mr.
Kunde signed immediately. The conditions are:
The Honorable Mayor and Members of the City Council
October 17,2005
Page 2
a) Maintain the existing vegetation. Mr. Kunde intends to do this and in
fact has planted other vegetation in the form of fast growing trees which
he hopes will screen the property even better than it is now screened.
There is very little residential property within a reasonable distance, and
Mr. Kunde will screen the fencing and vegetation to the satisfaction of the
City. We believe that in dealings with the City staff in the recent past, he
has shown his best intentions and that he is a man of his word. Mr. Kunde
does not intend to remove any natural vegetation which will allow the few
residences within 300 feet to view the salvage yard. We agree with the
Staff report that states that "the proposed heavy industrial area is
physically well separated from adjacent residential land uses." The City's
concern that if the natural vegetative buffer is removed during
development, the yard may be more visible to residential rn:eas which,
are in fact, quite some distance away. Mr. Kunde intends to lower the
grade of the property at least six feet or more which will greatly reduce its
visibility from the outside. North End Wrecking is so welled screened
from the outside that many people are not aware of it, and very few people
are aware of the salvage yard located behind the office building.
b) No salvage material should be allowed south of the tree line. Mr.
Kunde agrees.
c) No buildings should be constructed on the prop,orty. Mr. Kunde
agrees.
6. This property will be surrounded by property owned by Mr. KundeINorth End,
except on the south along 32nd Street where the property will be adjacent to City property.
There are houses on the City property which have been removed or are being removed
because of the storm detention basin. The City will construct a basin on its own property,
and the City seeks an easement from Mr. Kunde. This will be a valuable concession to
the City, which Mr. Kunde is willing to grant in exchange for the rezoning, at no charge.
7. At the zoning meeting, I do not recall any negative comments made by City
Staff. I think your Staff could confirm that Mr. Kunde has been most agreeable and
cooperative. He has been a good citizen, and will continue to be a good citizen.
8. Mr. KWlde and Mr. Steve Simon, an agent of North End Wrecking will be
present at the meeting to answer any questions.
The Honorable Mayor and Members of the City Council
October 17,2005
Page 3
Thank you for your consideration.
JJB/jt/2
Very truly yours,
Joseph 1. Bitter
Bitter Law Office
BITTER LAW OfFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001.6940
Joseph J. Bitter'
Thomas A. Bitter
Office: 563-588.4608
Fax: 563.588.0103
Residenc
Joe: 563.582.17E
Tom: 563.582.754
. Also licensed in Illinois
Clienlparking in rear October .11. :005
RE: Zoning Appeal on Property Owned by North End Auto Wrecking. Inc.
N0I1h End '\uIO Wree~ing, Inc. and Roger I<unde. Ihe Principal <lml I'residenl. owns
approximate'I}' 10 pnn.-'.e1s ofrenl estnlc StIr-rounding the husiness l'lllil.V ,'11 ;~ \\1 J21ltl Slrecl in
Dubuque,lolI'a. Nonh [nd '\Ul0 \Vrecking, Inc. has conduCled business "llhis location in
excess onn years. The buildin~~ oflhis corporation arc loeatcd ,lnlhe !cI.t'1 Ilre,1 of land
immediately adjacent 10 W. 32'" Stree\. .
Nonh End Auto \.Vrccking, Inc. is ill the business of purchosing. recyclilig. (lnd reselling used
autos and l!llto pans. The business purchases wrecked or disahled aulomohiles, strips Ihem of
their usahle pilrtS, thcn crushcs them and disposes of the rcmilining hody or'[he car to be used 1,)1"
scrap. The silll'ilgeable parts are kepr and inventoried by a computer for reSide. This process
makes il neGeSSilrv I"r the vehicles to be' slored for a period oftil1)(: while Ihe pilrls arc being
taken ot'filnd the vehicle is being dismanlled.
The Dubuque I'lanning & Zoning Commission quite recently has unanimously recommended
rezoning of a por1ion of this propel1y, previously zoned R-l. The Zoning Commission
unanimously recommended rezoning oflhe proper1y to H-1. The matter then came before the
Citv Council \vho unilnimously ilcceptect the recomll1endiltion and ilpj1rovecl the !"e7.0nim~to H-I
.'. -
Roge!" Kunde now seeks to rezone ;'lppmxil11i1tel)' :'7.' ilcldit;onal acr-::s 10 1,1-1 Thi., property is
needed fl)r ilis business. Tile prupG'"tV is locilled beilindlhe hllildings i,ncl un propGJ"lV 10 Ihe
Nor1h. The pr,)jK""!\' is slirrCH1!1(kLl t"Hl !!1rt:e sicks h\ H-I prOpt~n.v now h('jll~ u;"-;ccl hy f\!onh End
Auto \:Vreckill~. Inc. in lill'lr hllSil:l'SS. Oil tilt SOt!l11 ~;id('. 111L' prnpE'l'lv IS ~l(ll;H'l'llj In propcny
owned by rhe eitv "t'DlIhuque The (',1\' ul'[}lIbllllllt' propenv li'onls \11 .1:"'" Slreet. illlcl .
consists ofel11j1t)' lal1d plus some houses thm have ileen pu!"ehased for desr!"uetion so as to make
WilY for Ihe W. 32'''' Street detention bilsin The ,.equest to rezone excludes a slrip of ground
ilround tile Nonil perimeler of tile propel1)', 100 t'eet in width. This property will rel11ain
agricultural. will he heavily planted in I,.ees, and will serve as il wooded bulYer zone between the
salvage ya,.d ctnd OIYl11pic Heights Rom! on Ihe Nonil.
As indicate-cl cisc\\'!1cre in this lc!tl~r. the City of Duhuq:.iC owns propcr!.\ !o lhe Sourh, :~djaccni to
W. 32'''' SI,.e,,!. i1nd ahlllling North ['mi's propel'ly on the SUlIrh N'll ~ll or!l1e City's I)roperty
will be nec,'ssilry i"r II,e detention ['iI,ill Some 01'11)(' [1I"()1"','ly. Ih,,1 !lllrtioll ndjllining North
October 3 I, :W05
Re: North End Auto Wrecking, Inc
Page 2
End, may be available for North End to purchase or lease f,'om the City for their salvage yard.
We have met with the City Manager alld stan: and the Manager has indicated a willingness to
lease a pOJ1ion of the City's property to North End It)r salvage purposes. In return, the Gly of
Dubuque wants and needs some of North End's propcI1y to construct a road around the detention
basin. NOl1h lond is willing to accommodate the City as pan ofa rezoning request and the
lease/purchase of the unneeded Cily propcrty to North End.
The propel1y in question has been used as part of the salvage yard since 1955. At that time, the
propeJ1y was located within Dubuque County, but outside of the limits of the City of Dubuque.
When the City of Dubuque annexed the property, it was incorporated into the City as
agricultural. Because North End has been in continuous possession and use of this propel1y
since prior to zoning, the property may be "grandfathered" in any event. NeVeJ1heless, we make
this zoning:request. We wish to forego any ~Iailll of prior inconsist~nt use (gmndf}lIhering).
In the year 200 I, Roger Kunde purchased the shares of stock in NOI.th End Auto Wrecking, Inc.
and became the principal shareholder and President ofNonh End. He cOlllinued to operate the
salvage yard in its same location. In order I'or the salvage yard to be successllll and prosper, it
must grow, and the land in question appears to us to he a natural use of the property It is in [}ICI,
the only use to which the propcI1y can be put for all practical purposes.
Since Roger Kunde became the Principal of NOl1h End in 200 I, he has lowered the grade of the
top of the hill significantly. His plans G"II far tt,rther reducing the hill hy hetween 6 and 15 feet.
This will further reducL' Ihe visihility oflhe yard.
The City Manager and several stafT members havc becn to this property, some of them several
times. I think they can vouch for the fact that Roger Kunde has done a good job of ol'ganizing
the yard, upd"ting it, and keeping it as neat and clean as can be expected ofa salvage yard.
Roger Kunde has been a good citizen and intends to c.ontinue in this tradition.
Roger Kunde has taken substantial steps at his expense to re-route the flow of the water fr'OIll this
propeny into detention basins, consistent with the City's plan. Roger Kunde has put in hundreds
of feet of tile. We believe that the water I'unoffsituation is far better now than at any time in the
last 50 years.
The properly sought to he rezoned rllns 10 Oll'mpic Ileighls ,dong Ihe North houndary
However,lhe bulTer zone ot' 100 fe('[need nul be rl?,uncd and should rcmain ill agl'ie~lltur"l
This is the bulrcT ?One that will hc' plan!ed Iwovilv ill !rees and remain \\oncled
The City of DLibuque hns IUld concerns ill the pHst Clhou! screening the property fl-om the view of
mhel'" including the t'ew houses on Olympic Heights that have any view of the property. Roger
Kunde agrees with the City's screening plans entirely, has taken substantial steps to screen and
October 3 I, 2005
Re: N0I1h End Auto Wrecking, Inc.
Page .3
has placed fencing along the NOl1herly boundary line. He has planted evergreen trees so that the
propel1y will have a thick, dense screen from Olympic Heights. This process is ongoing, and
Roger will continue to diligently screcnlhe propcl1.V 10 the satisfaction o/'Ihe Cily
This zoning request came be/hre the I'lonning &. Zoning Commission inlhe spring 0/'2004. The
Commission unonimously approvedlhe rezoning request, on condilionlhalno building be
erected onlhe sile. Roger Kunde c:oncIIITc~d wilh lhis request. We believe I hill one member of
the Commission was absenl
We will submit a map showing the property which we seek to rezone, also showing lhe
surroundil)g propel1y owned by the City of Dubuque and N0I1h End Auto Wrecking, Inc./Roger
Kunde. We will be available to answer questions.
Thank you for your consideration.
J.JB/km
D~~~E
~<k~
Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal .
OSpedal Exception
OUmited Setback Waiver
lil Rezoning
t:i Planned District
OPrelimlnary Plat
OMlnor Final Plat
OText Amendment
OSimple Site Plan
OMlnor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
OAnnexation
OTemporary Use Permit
OCertiftcate of Economic Non-Viabliity
OCertiftcate of Appropriateness
OOther:
Please tvoe or orint leaiblv in ink
Propertyowner(s): North End Auto Wrecking, Inc. Phone: 563-556-0044
Address: 55 W. 32nd St. Oty: Dubuque State:~Zip: 52001
~bj-~ee-Ol03 - Attorney Bitter
Fax Number: 563-556-5097 Mobile/Cellular Number: 563-590-1652
Applicant/Agent: Roger Kunde, President
Address: 55 W. 32nd St.
~bj-~BB-Ol03 - Attorney
Fax Number: 563-556-5097
Phone:
563-590-1652
Oty: Dubuque
Bitter
Mobile/Cellular Number:
State: ..lL Zip: 52001
563-590-1652
Site location/address: 55 W. 32nd St.
Existing zoning:
AG
Proposed zoning: H. In d Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): I nt 1 nf I nt 1 nf
Lot 1 of Oakwnnri in thp rity nf nllhllqllP. Tnwo
Total property (lot) area (square feet or acres): <; 7<; orrp<
Describe proposal and reason necessary (attach a letter of explanation, if needed):
See attorhprl lpttpr
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the bo..sl: of my/our knowledge and upon
submittal becomes public record;
2. Fees a refundable and payment does not guarantee approval; and
3. All I:lditional ritten and Ie materials are attached.
Property wner(s):
Applicant! Agen .
Date: IDr o/~{)S-
Date:
J. Bitter, 485 Locust, Dubuque, lA, 52001 -Phone: 563-588-4608
FOR OFFICE USE ONLY -APPLICATION SUBMmAL CHECKUST
Fee: Received by:
DSite/sketch plan 0 Conceptual Development Plan
Dlmprovement plans DDesign review proj~ cF..scription
Date:
o Photo
DFloor plan
Docket:
DPlat
DOther:
~
STATE OF
I
VV~
DEPARTMENT OF NATURAL RESOURCES
THOMAS J. VILSACK, GOVERNOR
SALLY J. PEDERSON, LT. GOVERNOR
JE..REY R. VONK, DIRECTOR
DEPARTMENT OF NATURAL RESOURCES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
NOTICE OF GENERAL PERMIT COVERAGE UNDER
GENERAL PERMIT NO, 2
STORM WATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY
This notice of general permit coverage for a storm water discharge associated with constmction acti vity
is issued pursuant to the authority of section 402 (b) of the Clean Water Act (U,S,C, 1342(b)), Iowa
Code 455B, 174, and subrule 567--64.4(2), Iowa Administrative Code, A Notice of Intent has been filed
with the Iowa Department of Natural Resources that this storm water discharge complies with the terms
and conditions of NPDES General Permit No.2. Authorization is hereby issued to discharge stom]
water associated with industrial activity as defined in Part VIII of the Iowa Department of Natural
Resources NPDES General Permit No.2 in accordance with the telms and conditions set forth in the
permit.
Owner: ROGER H. KUNDE
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE IA 52001
(319)556-0044
Permit Coverage Issued To:
NORTH END WRECKING, INC,
55 WEST 32ND STREET
in DUBUQUE, DUBUQUE COUNTY
located at
r "::"' f~t:I.:
Degrees
Latitude -------.-~-;;gjlu.~k.-----l
----:::i--- ------ --- - -T--- _I
~~~~~_ !~~ds~ ~~~~-I-MlIlulc:> j Sel,;uild~.;
I I
i I
- - -----1____J
Coverage Provided Through:
NPDES Permit Discharge Authorization Number:
Discharge Authorization Date:
9/30/2008
10724 - 10521
1/2012006
Project Description: SITE DEVELOPMENT FOR THE STORAGE OF SALVAGED
CARS. LESS THAN 1 ACRE.
WALLACE STATE OFFICE BUILDING / DES MOINES, IOWA 50319 / 515-281-5145 / FAX 515-281-8895
"
DEAR STORM WATER DISCHARGER:
Weare using the following contact person and address for correspondence relating to the storm
water discharge general permit. If you prefer that correspondence be sent elsewhere, please make
the appropriate changes below and return this form to us so that we can update our records.
Mail changes to:
Storm Water Coordinator
Iowa Department of Natural Resources
502 E. 9th St.
Des Moines, IA 503 I 9-0034
DNR Permit Number:
IA - 10724 - 10521
Contact Person:
ROGER H. KUNDE
Contact Address:
NORTH END WRECKING, INC.
55 WEST 32ND STREET
DUBUQUE, IA 52001
Telephone:
(319)556-0044
ubuque
dvertiser
2966 J .F.K. Road
Dubuque, Iowa 52002
Phone (563) 588-0162
Fax No. (563) 582-0335
e-mail: dbqadvertiser@dbqadvertiseLcom
January 12, 2006
To Whom It May Concern
RE: PUBLIC NOTICE OF STORM WATER DISCHARGE
I hereby certify that the public notice below for North End Wrecking of Dubuque was
published in the paper on January 11, 2006.
The Dubuque Advertiser is a publication with mass circulation in the Dubuque, Iowa
area. The circulation exceeds 35,000 as proven by Circulation Verification Council, an
independent circulation auditing firm.
If you have any questions, please call me.
Sincerely
PUBLIC NOTICE OF STORM WATER DISCHARGE
Greg Birkett
General Manager
North End Wrecking Inc. plans to submit a Notice of Intent to the
Iowa Department of Natural Resources 10 be covered under NPDES
General Permit No.2 for "Stonn Water Discharges Associated with
Industrial Activity for Construction Activities."
The storm water discharge will be from storage of salvaged cars
localed in S. E. 1/4 Section 11 Township 89N. Range 02E, and N. E.
1/4 Section ]4 Township 89N, Range 02E. Storm water will be
discharged from three paim source(s) and will be discharged (0 the
following stream: B.Branch Catch Basin to Mississippi River.
Comments may be submiued to the Stonn Water Discharge
Coordinator, Iowa Department of Natural Resources, Environmental
Protection Division, Henry A. Wallace Building, 502 East Ninth Street,
Des Moines, IA 50319-0034. The public may review the Notice of
Intent from 8 a,m, to 4:30 p.m., Monday through Friday, at the above
address after it has been received by the department.
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OWNERS NAME 1
i NORTH END AUTO WRECKING
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC.
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECYJNG INC
NORTH END AUTO WRECKING INC
NORTH END AUTO WRECKING INC
NORTH GRANDVlEW ESTATES LLC
NORTH, JUSTIN K. KlRBY,ANGElA
NORTHOUSE, ROBERT F ~JANET C
NORTHRUP, CHARLES C JR ~ JANE
NORTHRUP, RITA M
NORTON, ClARENCE L ~ DIANNE M
NORTON, CRAIG 0
NORTON, DAN N ~ ZIEMAN, AMY B
NORTON, DR TERRENCE J JR ~
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MEMORANDUM OF AGREEMENT
Pursuant to the lowa Code Section 414.5 (2003), and as an express condition of
rezoning of the property shown in Exhibit A, which is the subject of Ordinance
No. -06, 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) Screening be installed along the north zoning district boundary line as per
submitted cross section.
2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday, and.8:00 a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be
completed by January 1, 2008.
B) Reclassification of the Subiect Prooertv. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the AG Agricultural 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) RecordinCl. 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 thirty (30) days of the adoption of Ordinance No.
- 06.
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.
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BITTER LAW OFFICES
485 LOCUST STREET
DUBUOUE, IOWA 52001-6940
Joseph J, Bitter'
Thomas A. Bitter
Office: 563.588-4608
Fax: 563-588-0103
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Residence
Joe: 563-582-1768
Tom: 563-582-7545
~Also licensed in Illinois
Client parking in rear
February 20, 2006
Honorable Mayor and Council Members
City Hall
Dubuque, Iowa 52001
On behalf of Northend Wrecking and Roger Kunde we hereby respectfully request that
the Rezoning Application now scheduled for Monday, February 20, 2006 be postponed to a later
date approximately 30 days away.
The postponement will allow members of the Council to better have an opportunity to
view the premises, see the operation first hand, and inspect how the owner is attempting to
screen the property and protect the rights of residential neighbors. It will also allow members of
the Council to have sufficient time to deal with any questions that they may have.
Again, we wish to extend to the Honorable Mayor and Members of the Council the
opportunity to view the property. We would be willing to pick up the Council persons
individually or as a group and take you to the premises and show you around.
Roger Kunde's business phone number is 556-0044. His cell phone number is 590-1652.
Mr. Steve Simon who has been assisting him in this rezoning request can be reached at 590-
1677.
Respectfully submitted.
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February 4, 2006
To: Mayor Roy Buol
Regarding upcoming council meeting February 20, 2006.
Roger Kunde, owner of North End Wrecking, Inc is once again
requesting a rezoning change of several acres from
agriculture to Heavy Industrial. As you may recall, the
city council members unanimously denied this request on
September 20, 2004. Much to our dismay, things have not
improved since the previous meeting.
Some of the reasons given that evening for denying Mr.
Kunde his past rezoning request were as followed.
A. Pat Cline believed there was no room for salvage
Expansion and environmental contamination.
B. Ann Michalski felt it was a terrible idea to
expand in the city and it was like putting a gun
to your head.
C. Joyce Connors stated Mr. Kunde historically lacks
Accountability for his actions.
D. Roy Buol felt it would decrease home property
Values.
We oppose the rezoning for the following reasons:
-Noise
-Degration of view
-Environmental concerns
-Devaluation of home property
-Continued zoning violations
Since Roger Kunde purchased North End Wrecking he has
continued to solid fill to the North to expand his
operation. Noise has increased dramatically with this. If
this area would be rezoned heavy industrial, we feel it
could only become worse.
In the process of adding all the solid fill, Mr. Kunde has
efficiently destroyed the natural screening barrier that
was present prior to his acquisition of the North End
Wrecking property. Where we once viewed a wooded hillside
from our home we now view salvage.
With the expansion of the salvage operation large amounts
of run off mud is now displaced onto Olympic Heights road
and Hwy 52 North. After any modest rainfall, city crews
must clean the mess up. We don't feel the taxpayers should
be billed for North End Wrecking, Inc's expansion. The
zoning advisory commission had required Mr. Kunde to obtain
a NPDES permit, which he did acquire. In corresponding
with the Iowa Department of Natural Resources. several
items were addressed and not addressed. The permit
obtained is for construction on less than 1 acre. It
requires him to control the erosion and sediment loss from
the process. North End Wrecking Inc. estimated finish date
on project is Spring 2009. Iowa DNR employee Joe Griffin
stated that storm water would likely continue as it is
presently draining which is on Highway 52 North. ~At the
present time the storm sewer on Hwy 52 North below Olympic
Heights road is filled with mud" stated Kyle Kritz, city
planner, at the December 5en, 2005 zoning advisory hearing.
When we purchased our home the zoning of agriculture had
been in effect for decades. With the rezoning to Heavy
Industrial within 170 feet will depreciate our home and
property value. We believe the expansion already has.
At the September 20, 2004 council meeting it was stated
"North End Wrecking was to halt the removal of anymore
natural screening" Chapter 29. He not only did not stop
with this order. they accelerated the removal of natural
screening starting September 21, 2004. After becoming
disgruntled with how the process was unfolding and Sue
Brennan, the zoning enforcement agent, handling of the
matter we setup a meeting with Mike Van Milligan, city
manager, which took place December 1, 2004. Please see the
attached letter sent to Mr. Kunde from the outcome of that
meeting which we felt went well at the time. The
compliance date was May 31, 2005. As you can see if you
view the property, many of the steps have yet to be met.
In talking with Sue Brennan regarding our concern on March
31, 2005 she explained that the letter was drafted only due
to the neighbors putting pressure on the planning
department.
Mr. Kunde has built a section of fence on Agricultural
zoned land, which is in violation. At the east end of the
illegal fence he also placed a wooden structure, which is
_IJ violation. Salvage continues to be visible with stacks
of cars over the fencing on the east side of the property
~lso.
Mr. Kunde has repeatedly stated that in consulting with
Kyle Kritz, city planner, that it's his property now and he
can do what-ever he wants. In fact, that's what has taken
place since there does not seem to be any negative
consequences for his action. Council members seemed some
what taken back at what had transpired previous to the
September 20, 2004 council meeting. The outcome of the
council's vote reflected that premise and the neighbors
along with ourselves were happy and relieved with the
decision. Sadly, 1 ~ years later there is nothing to be
jubilant about. Mr. Kunde continues to use smoke and
mirror tactics to further his initial objective.
The Dubuque Zoning Advisory commission again gave their
consent for the heavy industrial zoning to ~solven the
present dilemma. The idea here is that he will correct the
problems that he has created. Roger Kunde operates by
using stiff-arm tactics; giving him his way is not going to
solve anything. North End Wrecking, Inc spit in the face
of the city council and their decision in 2004. Hopefully
if this zoning request is denied, there will be a final and
justified conclusion. The landscape will never be the
same, yet screening is required. It hasn't happened.
In closing, we invite and encourage you to visit the
neighborhood and view the proposed zoning change from our
perspective. What Roger Kunde says he will do and what
actually happens are often two different things. If you
have any questions or comments, please feel free to contact
us at
Home -556-8936
Hope's work- 582-7206
Hope.Huseman@swissvalley.com
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
plarining@cityofdubuque.org
www.cityofdubuque.org
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December 1, 2004
CERTIFIED MAIL
Roger Kunde
North End Auto Wrecking, Inc.
55 W. 32nd Street
DubuquelA 52001
SUBJECT: CODE COMPLIANCE FOR NORTH END AUTO WRECKING PROPERTY
Dear Mr. Kunde:
Recent inspections of your property revealed violations of the City Zoning Ordinance
and Chapter 29 of the City Code.
VIOLATIONS: Inspection revealed that junk and salvage vehicles are being stored on
property that is zoned R-1 Single-Family Residential and AG Agricultural. Junk and
salvage operations are limited to HI Heavy Industrial zoned property. Inspection further
revealed that junk and salvage vehicles are encroaching on City-owned property.
Inspection also revealed that junk and salvage vehicles are not screened from view
outside the premises.
ORDER TO COMPLY:
To ensure that the North End Auto Wrecking, Inc. property at 55 W. 32nd Street
complies with City Code regarding zoning regulations and salvage license
requirements, the following steps must be undertaken.
1. A survey plat of the south and west boundaries of Lot 1 of 1 of 1 of Oakwood
Addition, the western boundary of Lot 1 of 2 of 1 of 1 of 1 of Heim's
Subdivision, and the zoning district boundary line between the HI Heavy
Industrial and AG Agricultural zones that lies 200 feet north of the south
boundary of Lot 1 of 1 of 1 of Oakwood Addition must be provided. A
licensed surveyor must produce this plat and a copy submitted to the
Planning Services Department for review and approval.
2. A licensed surveyor must clearly establish the lot boundaries outlined above
with survey stakes placed in the field.
3. A 12-foot high chain link fabric-covered fence must be placed along the
zoning district boundary line between the HI Heavy Industrial and AG
Service
People
Integrity
Responsibility
Innovation
Teamwork
North End Wrecking, Inc.
December 1, 2004
Page 2
4.
.5.
(Q)
Agricultural zones, and if necessary, other areas, to obscure the salvage and
junk from view outside the premises. The fence must be a minimum of 200
feet in length and be placed where the natural screening has been removed.
The fence fabric must be at least 90% opaque and green in color. The
remainder of the HI/AG zoning district boundary line must be fenced with a
four to six-foot chain link fence to confine the contents of the salvage yard to
the HI zoned area.
The southern and western boundaries of Lot 1 of 1 of 1 of Oakwood Addition
must be fenced with a four to six-foot chain link fence.
6.
A vegetative screen of perennial evergreens must be placed along the 200-
foot section of the zoning district boundary line and where the existing
vegetation has been removed Gust north of the required12-foot high fabric-
covered chain link fence). The evergreen species recommended must grow
to a height that will obscure the fence and salvage yard. A landscape plan
drawn to scale indicating the variety, size, and placement of the vegetative
screening must be submitted to the Planning Services Department for review
and approval.
All salvage vehicles and other stored materials must be removed from City
property (Lot 1 of 1 of 1 of 1 of Heim Subdivision), and this boundary must be
fenced with a four to six-foot chain link fence.
7.
All salvage vehicles and stored materials must be removed from the R-1
Single-Family Residential and AG Agricultural zoned properties and placed
on the HI Heavy Industrial zoned property within the confines of the required
fence.
8.
The Planning Services Department must be contacted once the holes have
been established for the fence posts for both north and south zoning district
boundaries. The City must be granted access to verify the pole locations
prior to completion of the fence.
Cease all filling and excavation activity until the survey has been undertaken,
the boundary lines have been established and all of the screening and
fencing is in place.
All future excavation must meet erosion control standards established by the
Iowa Department of Natural Resources.
No vehicles or other salvage materials may be stacked or placed so as to be
visible from off the property, All vehicles and salvage materials must be
obscured from view.
10.
11.
North End Wrecking, Inc.
December 1, 2004
Page 2
4.
.5.
Q
Agricultural zones, and if necessary, other areas, to obscure the salvage and
junk from view outside the premises. The fence must be a minimum of 200
feet in length and be placed where the natural screening has been removed.
The fence fabric must be at least 90% opaque and green in color. The
remainder of the HI/AG zoning district boundary line must be fenced with a
four to six-foot chain link fence to confine the contents of the salvage yard to
the HI zoned area.
The southern and western boundaries of Lot 1 of 1 of 1 of Oakwood Addition
must be fenced with a four to six-foot chain link fence.
6.
A vegetative screen of perennial evergreens must be placed along the 200-
foot section of the zoning district boundary line and where the existing
vegetation has been removed Oust north of the required12-foot high fabric-
covered chain link fence). The evergreen species recommended must grow
to a height that will obscure the fence and salvage yard. A landscape plan
drawn to scale indicating the variety, size, and placement of the vegetative
screening must be submitted to the Planning Services Department for review
and approval.
All salvage vehicles and other stored materials must be removed from City
property (Lot 1 of 1 of 1 of 1 of Heim Subdivision), and this boundary must be
fenced with a four to six-foot chain link fence.
7.
All salvage vehicles and stored materials must be removed from the R-1
Single-Family Residential and AG Agricultural zoned properties and placed
on the HI Heavy Industrial zoned property within the confines of the required
fence.
8.
The Planning Services Department must be contacted once the holes have
been established for the fence posts for both north and south zoning district
boundaries. The City must be granted access to verify the pole locations
. prior to completion of the fence.
Cease all filling and excavation activity until the survey has been undertaken,
the boundary lines have been established and all of the screening and
fencing is in place.
All future excavation must meet erosion control standards established by the
Iowa Department of Natural Resources.
No vehicles or other salvage materials may be stacked or placed so as to be
visible from off the property, All vehicles and salvaae materials must be
obscured from view.
10.
11.
North End Wrecking, Inc.
December 1, 2004
Page 3
I have induded a map illustrating the requirements outlined in steps 3, 4 and 5.
The survey plat and landscape plan must be provided to the Planning Services
Department by January 3, 2005. The fencing and screening vegetation must be
installed by May 31, 2005. The salvage materials must be removed from the R-1
property and the City property by May 31,2005.
Failure to Comply with this Order will result in suspension or revocation of a salvage
license for North End Auto Wrecking, Inc. and/or issuance of a citation and court costs
and a fine without additional waming or correspondence. The flfle is up to $250.00 per
day for each day the violation continues to exist.
If you have any questions regarding this Information, please contact me at 589-4210.
Sincerely,
//( ~ ,;1. - '.
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sus~~
Zoning Enforcement Officer
Enclosures
cc: Michael C. Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
bc: Richard Koob, 330 Olympic Heights, Dubuque
Mike Burns, 245 Olympic Heights, Dubuque
ACCEPTANCE OF ORDINANCE NO. 06
I, Roger Kunde, representing North End Wrecking, Inc., property owner,
having read the terms and conditions of the foregoing Ordinance No. -06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this I" day of
J:L
2006.
By ~r~~dent
.
.
.-
, -
BITTER LAW OFFICES
485 LOCUST STREET
DUBUQUE, IOWA 52001-6940
Joseph J. Bitter'
Thomas A. Bitter
Office: 563.588.4608
Fax: 563.588.0103
Residence
Joe: 563.582.1768
Tom: 563.582.7545
'Also licensed in Illinois
Client parking in rear
February 15, 2006
The Honorable Mayor Roy D. Buol and Members of the City Council
City of Dubuque
City Hall
50 West 13th St.
Dubuque, IA 52001
RE: North End Wrecking/Roger Kunde Rezoning Request C,'
This rezoning request will come before you at your City Council meeting of February 20, 2006.
By a vote of 6 to 1, the' Zoning Advisory Commission voted to approve the rezoning request.
Certain restrictions were suggested so as to guarantee maximum protection for the residences in
that general area. Mr. Kunde has endorsed all of the reservations and restrictions and is most
happy to comply. One of the restrictions is that North End Wrecking cooperate with the City
staff in their site plan which relates to their screening and fencing. Again, Mr. Kunde is in full
concurrence.
The matter came before the Zoning Advisory Commission on December 7, 2005. Our feeling
was that it would pass unanimously, but one of the members of the Commission asked whether
or not there would be any runoff problems that might require Mr. Kunde to obtain approval of
the State of Iowa Department of Natural Resources. The permit has been referred to as an
NPDES permit.
Mr. Kunde felt that he was in compliance with all state discharge and runoff rules and
regulations, but he was more than willing to show compliance and to otherwise comply if there
were any additional requirements.
The matter was then tabled and returned for their deliberations on Wednesday, February 1,2006.
At that time, Mr. Kunde showed that he was in full compliance, and we attach copies of various
documents demonstrating same. Further, your very capable staff made a presentation, and they
confirmed that Mr. Kunde was in full compliance. See the memorandum from Deron Muehring
of 12/29/05 attached, and his 1/31/06 letter, also attached. See also the permit from the
Department of Natural Resources of the State ofIowa.
At the December 7, 2005 zoning meeting, there were two neighbors who expressed concern
about visual screening. We believe that we have addressed that issue and Mr. Kunde wants to be
a good neighbor and is more than willing to comply with all the recommendations of the City
staff. In fact, he has on his own initiative, started screening his property, and would have
-2-
completed the screening regardless of whether the staff required it. Please see the drawing
attached from Engineering Assistance. Various members of the staff have been to the property
and have looked it over. Guy Hemenway indicated that the proposed screening
recommendations exceed the requirements of City Ordinances.
One of the two neighbors showing some concern at the December 7, 2005 zoning meeting also
was concerned about water runoff. This issue was fully addressed by Deron Muehring who has
indicated that there is no water runoff problem. Nevertheless, the State of Iowa monitors these
types of situations, as does the City. In addition, Roger Kunde also monitors the runoff
possibilities. He knows that if problems arise, the City will look to him for responsibility and
corrective action. He accepts the challenge and the responsibility.
Mr. Kunde extends to you an open invitation to look at the property. He or his associate, Mr.
Steve Simon, will give you a tour of the property, either as a group or individually. We believe
that some of the members of the Council have had an opportunity to tour the property in the past,
but for the new members of the Council, you may wish to avail yourself of this opportunity.
North End Wrecking has been in operation in the same location since 1955, and we believe that
Roger Kunde has done an excellent job of operating the business while at the same time
improving the environment, tending to the concerns of the neighbors, dealing with possible
erosion and water runoff problems, etc. Mr. Kunde or Mr. Simon will give you the tour either
during regular daylight hours, or on weekends if any of you should so request.
North End Wrecking is not a junk yard. It is an auto salvage and recycling location. For
example, the City of Dubuque is licensed to recycle plastic, glass, paper, and cardboard. North
End Wrecking is required to be licensed for and is licensed for recycling autos, trucks, washers,
dryers, freezers, refrigerators, stoves, and LP tanks, small and large. In addition, they are state
certified to recycle antifreeze, freon, oil and any other hazardous waste which includes batteries.
Thank you.
Very truly yours,
~/
Joseph J. Bitter
JJB/km(6)
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MEMORANDUM
March 20, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~
SUBJECT: Opposition to North End Wrecking HI Rezoning Request
Planning Services staff have reviewed the attached correspondence in opposition to the
HI Heavy Industrial rezoning request filed by Roger Kunde for North End Wrecking, W.
32"d Street.
The City Council has a public hearing on this rezoning on March 20, 2006.
The written opposition represents less than 1 % of the property owners within 200 feet
of the subject rezoning. The Zoning Advisory Commission has recommended approval
of the rezoning. Therefore, a simple majority vote of the City Council is needed to
approve the rezoning request as recommended.
With respect to the various issues raised in the attached correspondence, Planning
Services staff has noted that North End Wrecking is compliant with City Zoning
Ordinance and salvage yard regulations:
1. North End Wrecking moved vehicles off of City-owned property.
2. North End Wrecking moved vehicles off of AG Agricultural-zoned property.
3. North End Wrecking built an approximately 12-14 foot high screening fence
along the HIIAG zoning district boundary.
4. The City Council approved rezoning of an R-1 Single-Family Residential parcel
to HI on October 19, 2005 so salvage vehicles can remain on this parcel.
5. Engineering staff has stated the site is compliance with storm water
management regulations.
LC/mkr
Attachment
cc: Jeanne Schneider, City Clerk
Barry Lindahl, Corporation Counsel
Gus Psihoyos, City Engineer
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February 8, 2006
The Honorable Roy Buol and City Council
C/O City Clerk
City Hall" nib S1.
Dubuque, IA. 52001
Honorable Mayor and Council:
RE: Rezoning by Roger Kunde a.k.a. North End Auto Wredcing of parcels on
West 32'" S1. from R-I residential to Heavy Industrial.
It appears that, now that there is a new administration, Mr. Kunde is trying again to gel
this rezoning issue passed. It failed the last time by a margin of7-O I ',II'~e '7{\U to .epeat
that vote after your deliberations this time also.
Here, after approximately eighteen months, we are going to rehash not OI.ty the incluston
ofa scrap yard in the city proper, but also it's inclusion in a residentiallil'ea. I thrr-.:ght
that you had settled this issue the last time that he brought you his application. We
implore you to deny him unsettling this neighborhood once and for all.
Thank you,
GJad/ 9: r44<-td
Paul J. Uhlrich
480 Olympic Heights Rd.
Dubuque, lA. 52001
End: Letter dated September 8, 2004
HONERABLE MAYOR AND CITY COUNCIL MEMBERS
My name is Dan McDermott and I am Co-owner of McDermott Bros
Construction.
I am currently building the home on the property directly across from
North End Wrecking on Olympic Heights Road/Hawkeye Heights.
I am very concerned with the proposed rezoning of the the North End
Wrecking land from Agriculture to Heavy Industrial. I have had numerous
Viewers of this well built home state" What in the world is over there" as they
Point in the direction of North End Wrecking. They love the house but
Don't want anything to do with the " salvaged vehicles" staring right
At them. I feel this rezoning would be very detrimental to my business.
Please listen to myself and the current neighbors and vote this "NO".
Please give me a call with any questions you may have for me. 582-6577.
j/t;,o< f~.l~
Dan McDermott
McDermott Brothers Construction
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NOV-29-2005 TJ: J3:28 pr D~ ~ITY CLERK
FAY. Ne. 563 589 0890
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The HonarIbIc Mayor aacl City Council
C/O CIty aedl:
CityHll113. Streit
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"
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RE: I'ea!iIII by 11.0..- Kunde LJc.L NorlII End Auto wrBCtiq ofparcels 011
Wesr 32"" St &am R-I.1teIidnIial to HePy JIlduIlrial.
I 11II ltroaFY ",.poNd to tile rezonirw oflliill beIuliftlllUb diviliob 011 tile bIuI[ ......110
objec;tioa to 1M pr_ wnckIlI _ dlII'_lI'~.d ill. ~ '- .....1..- to
eICIbIi.. .llunn aad -.curity pw pRViouIIy pllMd l1llifIiDI. SinI:c. he ... pun:bue4 .
propmy wJtJa d. ---' __ oflllllldi.. . ...._ s..- he _1iaIMI1bis
property with allUlllber alwrecbcI......._ll4tilea, Tlr..;, iI> dinocl violdioa ofdJe City of
Dubl~',"dendaI--.~.
He hu tried to open a ICftp ,...4 an JuI.. DulIuq~ Drive wbidl )'Oillilmo:llbwn. nil
_ 011 TbiIty MCond *'* is .1IlllCh more fit IacaUon Ibr ,-I6o<.t;., _II tIIua tile old
17 S Chemical plut_
Illl'l'dlIt you dediPe biJ request to _e lllia beautifilll'lllidePlial ucI qpic:u1lunJ
_.
TIIaak you,
(p~tf: Utb4
P.... J. UhIric11
489 0IyIIlpic IJeiehts Road.
Dubuque, Iow& '200 I.
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February 4, 2006
To: Mayor Roy Buol
Regarding upcoming council meeting February 20, 2006.
t;
Roger Kunde, owner of North End Wrecking, Inc is once again
requesting a rezoning change of several acres from
agriculture to Heavy Industrial. As you may recall, the
city council members unanimously denied this request on
September 20, 2004. Much to our dismay, things have not
improved since the previous meeting.
Some of the reasons given that evening for denying Mr.
Kunde his past rezoning request were as followed.
A. Pat Cline believed there was no room Eor salvage
Expansion and environmental contamination.
B. Ann Michalski felt it was a terrible ic'e3 to
expand in the city ilnd it was like putting a gun
to your head.
C. Joyce Connors stated Mr. Kunde historically lacks
Accountability for his actions.
D. Roy Euul felt it would decreas~ home property
Values.
We oppose the rezoning for the following reasons:
-Noise
-Degration of view
-Environmental concerns
-Devaluation of home property
-Continued zoning violations
Since Roger Kunde purchased North End Wrecking he has
continued to solid fill to the North to expand his
operation. Noise has increased dramatically with this. If
this area would be =ezoned heavy industrial, we feel it
could only become worse.
In the process of adding all the solid fill, Mr. Kunde has
efficiently destroyed the natural screening barrier that
was present prior to his acquisition of the North End
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Wrecking property. Where we once viewed a wooded hillside
from our home we now view salvage.
with the expansion of the salvage operation large amounts
of run off mud is now displaced onto Olympic Heights road
and Hwy 52 North. After any modest rainfall, city crews
must clean the mess up. We don't feel the taxpayers should
be billed for North End Wrecking, Inc's expansion. The
zoning advisory commission had required Mr. Kunde to obtain
a NPDES permit, which he did acquire. In corresponding
with the Iowa Department of Natural Resources, several
items were addressed and not addressed. The permit
obtained is for construction on less than 1 acre. It
requires him to control the erosion and sediment loss from
the process. North End Wrecking Inc. estimated finish date
on project is Spring 2009. Iowa DNR employee Joe Griffin
stated that storm water would likely continue as it is
presently draining which is on Highway 52 North. ~At the
present time the storm sewer on Hwy 52 North below Olympic
Heights road is filled with mud" stated Kyle Kritz, city
planner, at the December Sen, 2005 zoning advisory hearing.
When W'3 purchased our home the zoning of agriculture had
bebn in effect for decades. With the rezoning to Heavy
Industrial within 170 feet will depreciate our home and
property value. We believe the expansion already has.
At the September 20, 2004 council meeting it was stated
"North End Wrecking was to halt the removal of anymore
natural screening" Chapter 29. He not only did not stop
with this order, they accelerated the removal of natural
screening starting September 21, 2004. After becoming
disgruntled with how the process was unfolding and Sue
Brennan, the zoning enforcement agent, handling of the
matter we setup a meeting with Mike Van Milligan, city
manager, which took place December 1, 2004. Please see the
attached letter sent to Mr. Kunde from the outcome of that
meeting which we felt went well at the time. The
compliance date was May 31, 2005. As you can see if you
view the property, many of the steps have yet to be met.
In talking with Sue Brennan regarding our concern on March
31, 2005 she explained that the letter was drafted only due
to the neighbors putting pressure on the planning
department.
Mr. Kunde has built a section of fence on Agricultural
zoned land, which is in violation. At the east end of the
illegal fence he also placed a wooden structure, which is
~n violation. Salvage continues to be visible with stacks
of cars over the fencing on the east side of the property
-:.lso.
Mr. Kunde has repeatedly stated that in consulting with
Kyle Kritz, city planner, that it's his property now and he
can do what-ever he wants. In fact, that's what has taken
place since there does not seem to be any negative
consequences for his action. Council members seemed some
what taken back at what had transpired previous to the
September 20, 2004 council meeting. The outcome of the
council's vote reflected that premise and the neighbors
along with ourselves were happy and relieved with the
decision. Sadly, 1 ~ years later there is nothing to be
jubilant about. Mr. Kunde continues to use smoke and
mirror tactics to further his initial objective.
The Dubuque Zoning Advisory commission again gave their
consent for the heavy industrial zoning to ~solve" the
present dilemma. The idea here is that he will correct the
problems that he has created. Roger Kunde ope cates by
using stiff-arm tactics; giving him his way is not going to
solve anything. North End Wrecking, Ine spit in the face
of the city council and their decisio0 in 20G4. Hopefully
if this zoning request is denied. th8re will be R final and
justified conclusion. The landscape will never be the
same. yet screening is required. It hdsn't happened.
In closing, we invite and encourage you to visit the
neighborhood and view the proposed zoning change from our
perspective. What Roger Kunde says he will do and what
actually happens are often.two different things. If you
have any questions or comments, please feel free to contact
us at
Home -556-8936
Hope's work- 582-7206
Hope.Huseman@swissvalley.com
~.~ 1\. ~~
+l+e~ MmWl
February 6,2006
Attn: City Council Members
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We the residents of Olympic Heights Road and Hawkeye Heights would
Like to show our opposition to the proposed rezoning of agriculture land
To Heavy Industrial presented by Roger Kunde and North End Wrecking,
Inc.
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We hope you vote this as "NO".
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BITTER LAW OFFICES
485 LOCUST STREET
DUBUOUE, ICfNA 52001.6940
Joseph J. Bitter*
Thomas A. Bitter
Office: 563.588.4608
Fax: 563.588.0103
Residence
Joe: 563-582.1768
Tom: 563.582.7545
* Also licensed in Illinois
Client parking in rear
March 20, 2006
The Honorable Mayor Roy D. Buol and Members of the City Council
City of Dubuque
City Hall
50 West 13th St.
Dubuque,IA 52001
RE: North End Wrecking/Roger Kunde Rezoning Request
NOIth End Wrecking has been in existence at the same location since 1955. Most people would
not even know that there was a salvage yard located there. The place is so well hidden and
secluded from view.
You have previously rezoned approximately 8 acres. Our recollection is that this previous
rezoning was unanimous.
We now request that another small adjacent portion of the property be rezoned to allow the final
expansion by the inclusion of 3.9 acres. We think it is noteworthy that surrounding the salvage
yard on the north and west is an area of about 14 acres now zoned agricultural. We are only
requesting rezoning of3.9 acres. The remaining approximately 10 acres will remain agricultural
and has been planted and will continue to be planted in trees and heavy foliage.
This property has absolutely no value whatsoever except as a salvage yard.
This matter passed the Zoning Advisory Commission by a vote of 6 to 1. The lone negative
voter did not explain the reasons for her negative vote.
We understand that there are a few people in the neighborhood who have expressed concern
about the salvage yard. We would like to address their concerns.
Dan McDermott, a contractor, has expressed his concern in writing. We addressed his concerns
with him personally. He is building spec homes. His first house was listed for full price,
$194,900.00. This listing is quite new. He already has this house sold for near full price. He's
obviously very pleased because he has already sold the next lot and has a contract to build a new
residence for a prospective purchaser. Steve Simon as a representative of North End Wrecking
spoke personally with Dan McDermott on Friday, March 17, 2006. Mr. McDermott indicated to
Mr. Simon that his only concern is the screening, and that his objection would be withdrawn if
he could be satisfied about the screening. Mr. Kunde has stated repeatedly to the staff and the
....
-2-
Zoning Commission that he has every intention of doing a superb job of screening. He has
started a fence which has been approved by the City staff. However, he has no intention of
stopping there. Those of you who have taken the time to view this yard, can agree, I am sure,
that Mr. Kunde has taken good care of his yard. He now employs 22 people. The rezoning will
allow him to employ approximately 8 additional people fulltime.
It appears that the only issue is screening. In the early stages, there was a concern by a resident
about loud noises. I believe we were able to satisfy this person that the loud noises were not
coming from North End Wrecking, but instead were coming from Swiss Valley across Central
A venue to the east.
Someone had expressed a concern that there would be another road from Olympic Heights into
the salvage yard. This will not happen. Mr. Kunde has never indicated a desire to do this. There
will not be a road from Olympic Heights.
..
When this matter was before the Zoning Advisory Commission, the Commission was ready to
pass this proposal with flying colors, but one of the members expressed a concern about water
runoff. The matter was then delayed for about 60 days so that the DNR could review the plans
and determine whether the property was in compliance with State law. We are pleased to advise
you that the property has been and continues to be in full compliance.
Mr. Kunde has worked very closely with the City staff. I am sure that they will confirm that he
has been most business-like and cooperative. The City staff required 5 conditions for to become
part of the record in order to approve the rezoning. See the Memorandum of Agreement
attached. The Memorandum was typed and presented to Mr. Kunde for approval. He signed it
and returned it to the staff the same day.
On behalf of North End Wrecking, Roger Kunde and Steve Simon, I wish to express our sincere
appreciation to each and every one of you for taking the time to view the property and study this
issue. Mr. Kunde has been a good citizen. He has met his promises. He will continue to meet
his promises.
Very truly yours,
(9~/
Joseph J. Bitter
JJB/km(6)
Ene.
1
REZONING STAFF REPORT
Zoning Agenda: December 7, 2005
Property Address:
55 W. 32"d Street
Property Owner:
North End yvrecking, Inc.
Roger Kunde
Applicant:
Proposed Land Use: Auto Salvage
Proposed Zoning: HI
Adjacent Land Use:
North - Vacant/Residential
East -Vacant
South - Heavy Industrial
West - Vacant/Residential
Existing Zoning: AG
Adjacent Zoning: North - AG/R-1
East - AG/L1
South - HI
West-AG/R-1
Existing Land Use: Vacant
Former Zoning:
1934 - Light Industrial
1975 -AG Agricultural
1985 - AG Agricultural
Total Area: 3.9 acres
Property History: The property remained an undeveloped, heavily wooded hillside and hilltop
until recent excavation cleared many of the trees and leveled the hilltop.
Physical Characteristics: The area requested to be rezoned is approximately 3.9 acres of an
approximately 14 acre lot that has some level area on top and heavily wooded bluff that slopes
down to the Olympic Heights Road right-of-way.
Concurrence with Comprehensive Plan: Goal 3.1 of the Land Use and Urban Design
element states, 'To promote retention of existing industrial property." Goal 4.1 states, 'To
protect and preserve existing open space." Goal 6.1 states, 'To promote a compatible mix of
land uses." Goal 6.2 states, 'To buffer and protect incompatible uses from each other.'
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site. However, erosion control
measures must be taken to prevent runoff and erosion on the northem slope of the property
that drains onto the public right-of-way.
Traffic Pattems/Counts: The expansion of the proposed salvage vehicle storage area and
should generate very little additional traffic.
Public Services: Existing public services are adequate to serve the site.
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, and that the salvage materials are stored in such a manner as to be
compliant with all state and federal regulations.
;IF
"
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// Rezoning Staff Report - 55 W. 32nd Streetpage 2
"
Adjacent Properties: The expansion of the existing salvage vehicle storage yard to the
north may have a two-fold impact to adjacent residential properties. First, a significant
portion of the natural vegetation has been removed which makes some of the salvage yard
more visible from those properties to the north along Olympic Heights and Hawkeye Drive.
Secondly, expanding the salvage yard to the north places the salvage vehicies and
industrial activity closer to adjacent residential properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to expand an existing auto salvage yard to the north
of its current hilltop location. The salvage yard has been in operation prior to its annexation to
the City that occurred some time in the 1940s. The proposed expansion will be approximately
3.9 acres into an existing agriculturaliy zoned property. In anticipation of expanding the salvage
operation, the applicant has done extensive grading on the hilltop just south of Olympic Heights
Road and removed a large portion of the vegetative cover. This has opened the view to the
salvage yard from residential properties on Olympic Heights and Hawkeye Drive. Subsequent to
removal of the vegetation, the applicant has placed a 12.foot high black fabric fence along the
current HI District boundary line to screen some of the salvage operation from adjacent
residential property. The applicant has also begun to place a higher steel fence and evergreen
vegetation on the exterior along a portion of the area proposed to be rezoned. Currently, the
steel fence is higher and more effectively screens the salvage operation from those residential
properties along Olympic Heights and Hawkeye Drives.
Currently, the distance of the most direct view from the rear of the closest residence to the
salvage yard is approximately 400 feet. If the rezoning is approved, that distance will be
reduced to approximately 300 feet.
The Commission can consider conditions on the rezoning that may help to mitigate potential
negative impacts of the expansion of the salvage yard. The applicant has submitted a
landscaping plan that shows a cross section and the location of the landscaping fence and
vegetation. The Commission can recommend that this plan be required for screening the
salvage yard. Also, the Commission can require that lighting either be not allowed or limited to
the expanded area and/or that no buildings or permanent machinery such as crushers or bailers
be allowed at this location.
If approved, current zoning regulations require that the auto salvage yard be screened where the
natural vegetative screen has been removed. Staff recommends that the Zoning Advisory
Commission review S~ctions 6-1.1 regarding criteria for granting a rezoning.
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of
rezoning of the property shown in Exhibit A, which is the subject of Ordinance
No. -06, 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) Screening be installed along the north zoning district boundary line as per
submitted cross section.
2) Hours of operation be limited to 8:00 a.m. to 5:30 p.m. Monday through
Friday, and 8:00 a.m. to 12:30 p.m. on Saturday.
3) The bailer and crusher not be placed on the rezoned property.
4) No building will be located on the rezoned property.
5) The screening fence along the north district boundary line will be
completed by January 1, 2008.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the AG Agricultural 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) Recordino. 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 thirty (30) days of the adoption of Ordinance No.
- 06.
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. 06
I, Roger Kunde, representing North End Wrecking, Inc., property owner,
having read the terms and conditions of the foregoing Ordinance No. -06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this I,:' day of
1.7 :;L
2006.
By ~~~
..v. oger Kunde, President
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MEMORANDUM
March 31,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Cindy Steinhauser, Assistant City Manager
SUBJECT: Kunde Rezoning
Attached is citizen correspondence received regarding the Kunde rezoning request of
North End Wrecking, which is Action Item #5 on Monday night's City Council Agenda.
This correspondence was inadvertently omitted from the City Council Agenda packet.
C~([Lll\ g, l,
Cindy' temhauser
cs/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
;,_J
March 22, 2006
Honorable Mayor and City Council Members
In regard to the March 201b, 2006 City Council meeting and specifically the rezoning
request of North End Salvage I would like to ask you some questions. Everyone on the
council including the mayor seems to have taken the time to tour North End Salvage
which is great I myself had the chance a couple of times in the full of 2005 to see the
operation with Steve Simon which I gladly took advantage of so that I could see both
sides of this issue. From my tours compared with the glowing reviews of your respective
tours, I havc a few questions maybe one or all of the honorable council could answer.
The I" qucstion I have is what is actually being rezoned. It appears Mr Kunde is asking
for 3.9 acres of AG to HI in the middle of his operation. I asked this question to the
Planning and Zoning Dept in Oct 2005 and actually went with Guy Hemenway and } . ,
measured the area at that time. Yes in Oct it was roughly 4 acres. Now 5 months (and
hundreds of dump trucks full offill) later, I don't believe anyone has an accurate number.
Back in 2004 it was 7.5 acres, I guess time will tell with a completion date of 2008. This
is an issue I thought Council Member Braig may be able to clarify since she has a map.
While on the issue of maps, there seems to have been some question about R-) property
from Council Member Michalski. This is a confusing issue as I discovered when dealing
with the Planning and Zoning Dcpt over the years. Thankfully Steve Simon shed light
on this matter and I now know the Planning and Zoning Dept are not liars and
incompetent Thev are li~ yet very competent at disposing of eity refuse from eity
projects such as road improvement. q've saved "old" maps and would like to comparc
t!h;1I1 to tbe counell uumlbers Ilew map". Mr Kunde has done quite well with his
re-,mning request. It appears to me the only property left to be rezoned is the RI
residence of 200 Olympic Heights Road which Mr Kunde purchased. That shouldn't take
long with his past success. Oh, I forgot that Mr Kunde is building a $350, 000 home on
that site in the future. I'm 40 years old and plan on going to college and med school in
the future. I wonder which will happen I ". Roger moving in the neighborhood or me
performing neurosurgery. I'll bet on the lot being zoned III.
Since the city council unanimously denied the rezoning request in 2004, I have gained
some new insights on North End Wrecking and Salvage. ] previously realized the benefit
of the salvage business in the form of recycling and hazard material recovery along with
proper disposal. I've now learned there is a new objective of North End Salvage and
Wrecking since 2004. In 2004. then lawyer Robert Klauer stated there would not be
many vehicles on the propeny because they were stripped of parts and crushed at a high
turnover. During the Mar 20, 2006 meeting Steve Simon stated the objective of North
End Salvage was "the BIGGEST and best salvage yard in the state of Iowa". Well might
as well shoot for the moon. I for one am looking forward to living across from the
BIGGEST salvage yard in the state, I imagine the noise from heavy equipment moving
salvaged vehicles 6 days a week won't be invasive nor deplete the value of my home.
With the approval of the rezoning from AG to HI, it should alleviate all concerns from
neighboring residents. The good Lon! knows as well as myself the certified mailing of
"a Code of Compliance" on Dee 1,2004 sent to North End Wrecking and Salvage after
my meeting with City Manager Mike Van Milligan and the Zoning and Planning
Department went absolutely no where. (I do have a copy of the original letter that was
sent to me by the city if any of the honorable council would like to review it with me.)
In reading Mr Kunde's new lawyer Joe Bittcr's request for various parcels of property to
be rezoned I am impresscd with Roger's resume.
I. On his Own initiative, he started screening his property.
2. Mr Kunde accepts challenge and responsibility
3. City of Dubuquc seeks an easement from Mr Kunde-This will be a valuable
concession to the city, which Mr Kunde is willing to grant in exchange for the
rezoning, at no charge.
4. Mr Kunde has been a good citizen
5. Etc, etc bullshit
I was equally impressed with the new city councils take on Mr Kunde and the integrity
for which he conducts his operation. I almost forgot he was expanding a junkyard. There
for a minute or two I thought he was creating a cure for cancer with his business after
hearing the glowing rcviews.
What I get out of the previous rezoning and prescnt request is that the bottom line on
Roger Kunde is it~ always in "good faith". Pull your head out of the sand and look at
Roger Kunde's past track record with tbe city, maybe you'll get the jest of this letter. In
dealing with Steve Simon on how things can be resolved and in hearing how determined
Roger is to be a good neighbor needs to go no further than looking out my front picture
window. Mr Kunde purchased the residential home previously noted at 200 Olympic
Hcights roughly I 'Iz years ago, since that time I believe they have mowed the lawn 4
times. On weekends there is vehicle tramc 24 hrs a day. Cars honk in front of the home.
pull in for 30 seconds and then leave at a high rate of speed. Maybe it's a Good Will
distribution drop off or a Girl Scout Cookie pick up site. When my eldest daughter was
in girl scouts \hey only sold cookies once a year, things may have changed. last year Mr
Kunde placed 3 large concrete barricades on an cascment road to several properties
adjacent to Olympic Heights road because things wcren't going his way with the zoning.
Thc Dubuque Fire Marshall intervened and made Mr Kunde remove 1 barricade so that
emergency personal vchicles could access the homes. Council Member Jones is a retired
fireman, this act of neighborly love should be heartfelt. After \he Mar 20, 2006 city
council meeting, Steve Simon stopped by myself and a couple of the concerned neighbors
and asked once again how North End Wrecking and Salvage could be better neighbors. I
stated that the employee of North End Salvage and Wrecking which rents Mr Kunde's
home at 200 Olympic Ileights could keep the pack of German Shepard dogs they own
from running loose in the neighborhood and barking 24 hours a day. Steve slated he'd
mention it. Apparently Mr Simon never got around to it. On Mar 21, 2006 one of the
dogs attacked 2 neighborhood children @ 3:00 pm. After dozens of calls to Animal
control and the Dubuque Police dcpt the last year, guess what, animal control seems to
have taken an interest in my concerns. Yes, Mr Kunde just wants what's best for the
neighborhood, Oh, by the way, Sue Barnes the animal control officer wasn't very
pleased when she contacted the owner of the property where the dogs reside and Me
Kunde refused to tell her who the renter was that owned the dogs. It's great Mr Kunde
recycles used oil. maybe that will lead to a respect tor a child's well being somewhere
down the road.
ColUlcil Member Connors slated that maybe the neighbors of North End Wrecking and
Salvage should go and take a look from the inside out. I have already beat her to it.
Seems every council member took Steve Simons I Y, hr Royale Tour, maybe you'd like
to take] 0 minutes and talk to me face to face. I won't hold my breath, I'll take Counc~
Member Cline's advise and just "Grin and Bear It". Now there's optimism.
In reviewing this letter I've seemed to have overlooked the NPDES stormwatee permit
dealing with run off Started off North End Wrecking and Salvage received a permit
granted by Joe Griffin over a phone conversation and ended with a stuttering Clark on
who stated North End Wrecking and Salvage doesn't need a permit because less than I
acre has been disturbed during his "spot" check. Would love to compare my "old" map
to the council's "new"map to see if there may be a discrepancy once again on what the
hell is actually unlolding and what is being rezoned at this present time. The only word
That rhymes with Dubuqucr is Euchre. The motto on city vehicles read .. To Serve with
Integrity". It's time for this council to call a spade a spade as they did in 2004 and follow
thru with something hopefully close to "integrity". My wager is on North End Wrecking
and Salvage now, the City of Dubuque has already renigged.
~~
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