Historic Designation 565 Fenelon
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001H4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE ClTY OF l_~_:~
Dl:rm)(2tTE
~~~
'.
August 21, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Individual Historic Designation of 565 Fenelon Place
Dear Mayor and City Council Members:
The Historic Preservation Commission and Long Range Planning and Advisory
Commission have discussed approving 565 Fenelon Place for Individual Historic
Designation.
Discussion
In 2006, the City Council approved extending historic designation to qualifying individual
properties which are not of a landmark status or located within a historic district.
"Individually designated historic properties" have prehistoric, historic, architectural,
archeological and cultural significance. They are subject to design review of exterior
changes by the Historic Preservation Commission. They also are eligible for historic
preservation funding.
At the July 20, 2006 Historic Preservation Commission meeting, the Commission
reviewed the nomination of 565 Fenelon Place for Individual Historic Designation. Bya
vote of 6 ayes and 0 nays, the Commission found that the nomination of the property
met the criteria for consideration of a nomination. The Commission determined the
following:
1. The nominated property, structure, object, site or area
. Is of "architectural significance", as determined by the Historic
Preservation Ordinance; and
. Is associated with events that have made a significant contribution to the
broad patterns of the history of the City of Dubuque, Dubuque County, the
State of Iowa or the nation; and
. Is associated with the lives of persons significant in the past of the city of
Dubuque, Dubuque County, the State of Iowa or the nation; and
. Has yielded, or may be likely to yield, information important in prehistory
or history; and
2. The structure, property, object, site or area has sufficient integrity of location,
design, materials and workmanship to make it worthy of preservation and
restoration; and
Service
People
Integrity
Responsibility
hmovation
Teamwork
Individual Historic Designation - 565 Fenelon Place
F:\Users\Djohnson\Councilltems\lndividual Historic Designation\565 Fenelon Place
August 21,2006
Page 2
3. The structure, property, object, site or area is at least fifty (50) years old.
At the August 16, 2006 Long Range Planning and Advisory Commission meeting, the
Commission reviewed the request with respect to the relation of the nomination to the
general development plan, zoning ordinance, proposed public improvements, and any
plans for renewal of the area involved. The Long Range Planning Advisory Commission
determined the request is consistent with the nomination criteria and the Dubuque
Comprehensive Plan. Enclosed is a copy of the application, staff report and
photographs for consideration.
The City of Dubuque prides itself in comprehensive planning, and historic preservation
is included in the planning process. Long-range goals for the planning and development
of Dubuque's historic resources are set forth in the City's 2002 Comprehensive Plan,
and are listed below:
. Preserve historic and aesthetic character and function of established residential
neighborhoods and commercial districts.
. Encourage neighborhood identity, planning and pride of place.
. Encourage clean-up/beautification for the public, private and business sectors.
. Protect and preserve the city's historic buildings, urban pattern and natural
environment.
. Protect and preserve existing open space and parkland to meet the community's
needs.
. Utilize principles of good design and/or historic preservation in all public projects.
. Compliment the human scale and historic bulk and mass of existing structures when
designing new or redeveloped structures.
. Enhance the aesthetics of new and existing development - design, landscaping,
parking, signage - with special sensitivity to the historic character and building
materials found in the community.
. Adapt land use controls to fit the various historic development pattems and
neighborhoods that reflect urban, suburban and rural characteristics.
. Safeguard the cultural and historic resources of the community as critical to the
quality of life and the attractiveness of Dubuque.
. Promote the preservation of historic buildings and architectural resources in the
community.
· Educate the community about the benefits of historic preservation to the
community's quality of life, economic development efforts, tourism and tax base
enhancement.
· Increase appreciation, education, technical assistance and funding for the
community's historical and architectural heritage.
Recommendation
By City Code, the City Council is to submit the proposed ordinance to the State
Historical Society of Iowa (SHSI) for review and recommendations at least forty five (45)
Individual Historic Designation - 565 Fenelon Place
F:\Users\Djohnson\Councilltems\lndividual Historic Designation\565 Fenelon Place
August 21, 2006
Page 2
days prior to the date of any public hearing conducted by the City Council. The
recommended hearing date is November 6, 2006.
After having received a recommendation from the SHSI or if the forty five (45) day
waiting period has lapsed, the City Council then is to conduct a public hearing on the
ordinance establishing the proposed Individually Designated Historic Property. After the
public hearing, the City Council shall approve or disapprove the ordinance, or refer the
nomination back to the Historic Preservation Commission for modification. City Council
approval shall constitute Individual Historic Designation of the property.
By a vote of 4 to 0, the Long Range Planning Advisory Commission recommends
approval of the Individual Historic Designation of 565 Fenelon Place.
Respectfully submitted,
~c:'~~y~
Dr. Charles Winterwood, Chairperson
Long Range Planning Advisory Commission
Enclosures
DU~~E
~c/4.~
MEMORANDUM
August 9, 2006
FROM:
Long Range Planning Advisory Commission
David Johnson, Assistant Planner ~
Individual Historic Designation of 565 Fenelon Place
TO:
RE:
Introduction
At the July 20, 2006 Historic Preservation Commission meeting, the Commission
reviewed the nomination of 565 Fenelon Place for Individual Historic Designation. The
Commission found that the nomination of the property met the criteria for consideration
of a nomination.
Background
One of the Long Range Planning Advisory Commission's duties is to report to the City
Council with respect to the relation of a nomination for an individually designated
historic property to the general development plan, zoning ordinance, proposed public
improvements and any plans for the renewal of the area involved.
Within sixty (60) days of the receipt of the Historic Preservation Commission's
recommendation, report and proposed ordinance or amendment, the Long Range
Planning Advisory Commission is to report to the City Council with respect to the
relation of a nomination for an individually designated historic property to the general
development plan, zoning ordinance, proposed public improvements and any plans for
the renewal of the area involved. The Historic Preservation Commission's
recommendation, report and proposed ordinance are enclosed for your review.
Discussion
In 2005, the City Council approved extending historic designation to qualifying individual
properties which are not of a landmark status or located within a historic district.
"Individually designated historic properties" have prehistoric, historic, architectural,
archeological and cultural significance. They are subject to design review of exterior
changes by the Historic Preservation Commission. They also are eligible for historic
preservation funding.
The City of Dubuque prides itself on our comprehensive planning, and historic
preservation is included in the planning process. Long-range goals for the planning and
development of Dubuque's historic resources are set forth in the City's 2002
Comprehensive Plan, and are listed below:
Agricultural Land Use Designations within City Limits
Page 2
. Preserve historic and aesthetic character and function of established residential
neighborhoods and commercial districts.
. Encourage neighborhood identity, planning and pride of place.
. Encourage clean-up/beautification for the public, private and business sectors.
. Protect and preserve the city's historic buildings, urban pattem and natural
environment.
. Protect and preserve existing open space and parkland to meet the community's
needs.
. Utilize principles of good design and/or historic preservation in all public projects.
. Compliment the human scale and historic bulk and mass of existing structures when
designing new or redeveloped structures.
. Enhance the aesthetics of new and existing development - design, landscaping,
parking, signage - with special sensitivity to the historic character and building
materials found in the community.
. Adapt land use controls to fit the various historic development patterns and
neighborhoods that reflect urban, suburban and rural characteristics.
. Safeguard the cultural and historic resources of the community as critical to the
quality of life and the attractiveness of Dubuque.
. Promote the preservation of historic buildings and architectural resources in the
community.
. Educate the community about the benefits of historic preservation to the
community's quality of life, economic development efforts, tourism and tax base
enhancement.
. Increase appreciation, education, technical assistance and funding for the
community's historical and architectural heritage.
The City of Dubuque has been recognized statewide and nationally for our exceptional
preservation efforts to use cultural, historic, and natural resources to promote tourism,
revitalize the community, create jobs, and educate the public.
Recommendation
Staff recommends that the Long Range Planning Advisory Commission support the
nomination of 565 Fenelon Place for Individual Historic Designation as it is consistent
with the 2002 Dubuque Comprehensive Plan.
Enclosures
TI-iECITYOf ~
DUBUQuE
~ck~
Oty of Dubuque
Planning Services Department
Dubuque,]A 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal
OSpedal Exception
OUmited Setback Waive:
o Rezoning
o Planned District
OPre!imlnary Plat
OMinor Final Plat
[]Text Amendment
OSimple Site Plan
OMlnor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
OAnnexation
OT emporary Use Permit
OCertiftcate of Economic Non-Viability
OCertiftcate of Appropriateness
~Other: ff/~Totl..i C. i) E.SIG-fo/A nolJ
Please tvoe or orint leaiblv in ink
Property owner(s): CU<-A l..l\ CY K I Tl'I ST,o,H E. L I Phone:C340 ) 7/5-1,- 7 a..
~ 700 SIlP,oHI R.E. VILI-It&.e.
Address: .# 17rJ aty: Jr. 7AtoK,,4~ State:~ Zip: poliO? - /3/$"
Fax Number: (340) 71f./. - ~ 01./ 7 Mobile/Cellular Number: (3<'/0) 9t:J'i - t) 17 3
Applicant/Agent: J.<11R.E.1J UO R..SH Klyl) IS-r-AJ.lC:J..1 phone:(st..3)SflS-Lf'iooX,../t
Address: 5"3(" f'E.AJi:.Lo ~?L.Ac..F aty:'uloldWtS;>IoIEJ State::z;,WAZip:5~eol
FaxNumber:{S(.,3) 5'~5"- 4~qq Mobile/CellularNumberf5(..~) '-151- 470S
Site location/address: 5(.,5 Fe.J..)~ LOA.! Putt. E UUd W ~ uE. . :L;, l<JA 5 ~tl/
.... ...,.
Existing zoning: R.. '3 Proposed zoning: j./,q Historic District:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
PflR.c.E.L.::C 0 11 I 0 ~ S' ~5 300 q
Total property (lot) area (square feet or acres): q ~ 70 .:s Q. t:: T
Desaibe proposal and reason necessary (attach a letter of explanation, if needed): ..L.Y/~ IV /i)" A I
H~rOR../~ J)E..SI(Y,uI"tTIDIJ of 5(.,5 FEyELO,v PI.jrCE
C PL-E.A~E: SEE. I9TTI'tt..HE D)
CERTIFICATION: I/we, the undersigned, do hereby certify that
1. The information submitted herein is true and oonrect to the best of my/our knowledge and upon
submittal becomes public recond;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(S):~/1AlJ~l..~ h S-!..1. 41' Date: h -). i- - O(P
Applicant/Agent: Date:
Landmark
FOR OFFICE USE ONLY - APPUCATION SUBMITT~%;KUST
Fee: i9 Received by:.- ~. Date: ~ Docket:
OSite/sketch plan Oeonceptual Development Plan OPhoto OImprovernent plans
ODesign review project description DAoor plan OPlat OOther:
June 22, 2006
City of Dubuque
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Re: Individual Historic Designation of 565 Fenelon Place
Dear Sir/Madam,
I believe 565 Fenelon Place is worthy of historic designation, primarily because
of its distinctive Queen Anne architectural characteristics, its close proximity
to the historic Fourth Street Elevator and its location in a grand old
neighborhood with several other late 19th and early 20th century homes.
Previous owners have obviously done an excellent job preserving the late 19th
century character of our home. My wife and I believe that it is our obligation,
as current owners, to carry on this tradition. An historic designation would
help ensure that our heirs or subsequent owners would not be allowed to
depart from this tradition.
We bought the house because we fell in love with the warmth and elegance
portrayed in its many unique features. One cannot help but admire the wrap-
around porch, the three story turret, the widow's walk with its view of the city
and the river, the rich wood interior with its large pocket doors, the grand
staircase, along with other features too numerous to mention. All of the above
were crafted in a manner that cannot be duplicated today.
Please help us preserve this beautiful old home and protect a part of
Dubuque's unique history by granting individual historic designation to 565
Fenelon Place.
Thank you for your consideration in this matter.
Sincerely,
Jt:!!,l#J:
Site Inventory Form
State Historical Society of Iowa
(December 1, 1999)
State Inventory No. 31-01419 0 New t8l Supplemental
t8l Part of a district with known boundaries (enter inventory no.)_
Relationship: t8l Contributing 0 Noncontributing
o Contributes to a potential district with yet unknown boundaries
National Register Status:(any that apply) 0 Listed 0 De-listed 0 NHL 0 DOE
9-Dlglt SHPO Review & Compliance Number _
o Non-Extant (enter year) _
1. Name of Property
historic name Harrv E. and Marian Tredwav House
other names/site number
2. Location
street & number 5S5 Fenelon Place
city or town Dubuoue
Legal Description: (If Rural) Township Name
o vicinity, county Dubuoue
Township No. Range No. Section Quarter of Quarter
I:'ot(s) see beiow
(If Urban) Subdivision ---Slock(s)
3. State/Federal Agency Certification [Skip this Section]
4. National Park Service Certification [Skip this Section]
5. Classification
Categor;[ of Property (Check only one box)
181 building(s)
o district
o site
o structure
o object
Number of Resources within Pro e
If Non-Eligible Property If Eligib/e Property, enter number of.'
Enter number at Contributin Noncontributin
Q buildings 1 Q buildings
sites sites
structures structures
objects objects
Total 1 Q Total
Q
Name of related project report or multiple property study (Enter ~N/A" jf the property is not part of a multiple property examination).
Title Historical Architectural Data Base Number
The Architectural and Historical Resources of Dubuque. 1833-1955 N/A
6. Function or Use
Historic Functions (Enter categories from instructions) Current Functions (Enter categories from instrudions)
01-DomesticJ01 A01 slnqle dwellinq residence
01-DomesticJ01A01sinqle dwellinq residence
7. Description
Architectural Classification (Enter categories from instructions)
Materials (Enter categories from instructions)
OS-Late 19th & 20th Centurv Revlvals/06C-Classlcal Revival foundation Stone
walls metal
roof Asohalt
other
iiiaiTative Description (18] SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
8. Statement of Significance
Applicable National Register Criteria (Mark "x" representing your opinion of eligIbility after applying relevant National Register cnteria)
DYes 0 No I2l More Research Recommended A Property Is associated with significant events.
DYes 0 No 18] More Research Recommended 8 Property is associated with the lives of significant persons.
181 Yes 0 No 0 More Research Recommended C Property has distinctive architectural characteristics.
DYes 0 No 181 More Research Recommended D Property yields significant in/onnation in archaeoiogy or history.
County Dubuoue
City Dubuoue
Criteria Considerations
D A Owned by a religious institution or used
for religious purposes.
D B Removed from its original location.
DCA birthplace or grave.
D 0 A cemetery
Address 565 Fenelon Place
Site Number 31-01419
District Number
DE
8~
A reconstructed building, object, or structure.
A commemorative property.
Less than 50 years of age or achieved significance within the past
50 years.
Areas of Significance (Enter categories from instructions)
Significant Dates
Construction date
1898 D check if circa or estimated date
Other dates
Architecture
Architect/Builder
Architect
Unknown
Builder
Unknown
Narrative Statement of Significance (0 SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
9. Major Bibliographical References
BiblioQraphy ~ See continuation sheet for citations af the books, articles, and ather sources used in preparing this form
10. Geographic Data
UTM References (OPTIONAL)
Zone Easting
Significant Person
(Complete if National Register Criterion B is marked above)
N/A
Northing
Zone
Easting
Northing
1
3
2
4
o See continuation sheet for additional UTM references or comments
11. Form Prepared By
name/title James E. Jacobsen
organization Historv Pavs! Historic Preservation Consultino Firm
street & number 4411 Inoersoll Avenue
city or town Des Moines
state IA
date June 15 2005
telephone 515-274-3625
zip code 50312
ADDITIONAL DOCUMENTATION (Submit the following items with the completed form)
FOR All PROPERTIES
1. Map: showing the property's location in a town/city or township.
2. Site plan: showing position of buildings and struclures on the site in relation to public road(s).
3. Photographs: representative black and while photos. [f the photos are taken as part of a survey for which the Society is to be
curator of the negatives or color slides, a photo/catalog sheet needs to be included with the negatives/slides and the following
needs to be provided below on this particular inventory site:
Roll/slide sheet # 7484 Frame/slot # !! Date Taken Jan. 2005
Roll/slide sheet # - Frame/slot # Date Taken
Roll/slide sheet # Frame/slot # Date Taken
B See continuation sheet or attached phot;;& slide catalog sheet for~ photo roll or slide entri';;:--
Photosnllustrations without negatives are also in this site inventory file.
FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOllOWING AS WEll
1. Farmstead & District: (List of structures and buildings, known or estimated year built, and contributing or non...contributing status)
2. Barn:
a. A sketch of the frame/truss configuration in the form of drawing a typical middle bent of the barn.
b. A photograph of the loft showing the frame configuration along one side.
c. A sketch floor plan of the interior space arrangements along with the barn's exterior dimensions in feet.
Slate Historic Preservation Office (SHPO) Use Only Below This line
Concur with above sUNey opinion on Nationa/ Reg/ster eligibility: 0 Yes 0 No 0 More Research Recommended
o This is a locally designated property or part of a locally designated district.
Comments:
Eva/uated by (name/title):
Date:
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Site Number 31-01419
Related District Number
Pace 1
Harrv E. and Marian Tredwav House
Name of Property
565 Fenelon Place
Address
Dubuoue
County
Dubucue
City
7. Narrative Description:
Architectural Style And Key Stylistic Elements:
Classical Revival/Queen Anne style with hip roof core, frame, offset pedimented dormer, rounded
corner tower and wrap-around porch, side hall (transom) plan (right). This is the best and best-
preserved example of this style. The blank gable front is curious, as is the very ornate rounded second
floor bay.
Physical Description:
42x36 plan, tower in front right corner with porch, rusticated stone foundation, American bond
brickwork, brick voussoir window arches, east oriole
Alterations:
Deck, attached three-car garage northeast corner.
Building Permit Cards:
1988-13x 14 wood deck-$1159-owner: Steve Kiebel-contractor: Dave Reno.
Outbuildings:
None
Landscaping Notes:
Moderate terrace, no retaining wall, ground drops to south, fronts south.
8. Narrative Statement of Significance:
Designer/Contractor:
The same architect quite likely was responsible for all of these east end Fenelon house designs.
Historical Notes:
The slightly early building date allows for a more Queen Anne stylistic mix and subsequent nearby
designs build on this example it would appear.
H. E. Tredway owns when sewered 1891.
City Directory Notes:
(45 Fenelon Place)
Harry E. and Marion Tredway, 1899-1921
Chas. Kunz buys 1929, owns as of 1955.
Historical Image Notes:
The 1909 Sanborn map shows the house with a circular porch surrounding a corner tower, a west bay
and a rear wing (45 Fenelon).
The 1909/36 Sanborn map shows the same.
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Site Number 31-01419
Related District Number
PaQe 2
Harrv E. and Marian Tredwav House
Name of Property
565 Fenelon Place
Address
Dubuoue
County
Dubuque
City
541, 565 Fenelon, view northwest
( Telegraph-Herald, December 15, 1957)
9. Major Bibliographical References:
Sanborn Fire Insurance Maps, 1884, 1891, 1909/36
Dubuque City Directories, 1902, 1915, 1925, 1934
Bruce Kriviskey, Dubuque, Iowa-Architectural Survey 1978/1979, Atlas or City Wide and District
Survey Maps, Dubuque; n.p., c.1979
Dubuque County Assessor's Data
Newspapers and other primary sources as noted in the text above.
Historical photographs, Center For Dubuque History, Loras College
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Site Number 31-01419
Related District Number
Paae 3
Harrv E. and Marian Tredwav House
Name of Property
565 Fenelon Place
Address
Dubuaue
County
Dubuaue
City
10. Additional Documentation:
Legal Description: East half Lot 36, east 15' of west half Lot 36, Lot 37, Prospect Hill Add
Map:
'-
1'1
Ii
.~/.
Fenelon Place Contour MaPl
,
~_~__~",'_m~~ J - --:;---..
2~Can~1
Fenelon Area Survey Contour Map
Blackened house locates subject property
(City of Dubuque, 2005)
r
+.
~ :'
-'"
i;.,
:/
i ~ i
,('
.~'; . ' i :: i
"'r
~ " i
II j:j
.' "1
:~.. '" t
;;~,
'.t. ',';1'
"", .:',
~.~,; j:
-, ;".""
'.1 "
;1..'
;l.~::~,i ~ j I
"',:1
',t.1. .
i5~uE;"t6WA ",rom "'1978 ~
Architectural Survey 1979
Inventory Photograph Roll "2- Frame t~ A
STREET ADDRESS ?~5 FE.t-l~u.n-l Pc-
BUILDING NAME
PRESENT OWNER
Address
.'" ~
.- , ".,"',', _,"" _ " ,', ,1::;1
DESIGNFEATlJllES COMMENT~c-nl"E.. I'2)A~tL.i(l'!::; -ci'lU .'.,""/:'t14: 1:1
StYle(J)iJ\~:f'(..l Aj.JWL .' . f')~ -i?/U,)"tt.J"T W\~.... :-ccl.l~ E."t.(.!..f.'r"'l!g;
.De~ilaofN9~e~. '.... ,--'~ "!t.i~ "l:E:<--r..w<."-J.
< -r()~ I 1N~"'i':lMI.MY")t?t.M.~' f?l9l.l'V#l"f"1
,OU(,[(,l/}<;..; -r;~~J~-e. Ii\~[t!il.", ' . .
,-,Interior _F'eatures..: -' :
,r-
'J...-/
LEGAL DESCRIPTION
c:. I B~(")
DATE OF CONSTRUCTION
Source
ARCHITECT/BUILDER
Source
PRESENT USE
DESIGNED USE
Squrc-e
ACCESSIBILITY
SUTllS
BUILDING MATERIALS .
Foundation . ->e'?'Js."t.U\.l"E..
Walla Ct.1JM1l-\1JW\ (, '*")
TrilIl wo('jt').. -
Porch/Storefront UJC)(y)
Eaves/Co"1'ice ."H_,t~
)W<>f .r::.\(.l\oJ~
Chimney (a) V
e..E.$ (O~t';rc-
e..e.s. rO~I..J"U~ '-
RES/UNR/e
I@/UNO/WP
'CONDITION
CO2 3 4
(b2 3 4
Q)2 3>4
<Il2 3 4
(1\. 23' 4
<C2 3 4
1 2 3 4
123 4
1 23 4
Site Featur~$:
'Evaluation
,..
','i
I QUALITY .Aesthetic
Histor:l.cal
llarity
. II ENVIR,PNMENTAI. .SUTllRE'
III .CONTEXT.!mmedi.ate
,Broad
IV INTEGRIJ;Y bE FABRIC
1(V34
:L 2.~4)
1 2CJ4
1 2 3(!)
(Dz J 4
d> 23 4
1~3 4
<AI'cbitecluraf.$ignifiball(;e '. .
"c '," .': :'" "', ~ '_ ~-",' "', : , '':', ': , : -,. ',..; :-', ,:_,' ' " .,1 :':,::. ; ',: , : ~:, :
l'aOJlAilLE' ADDI:;rON,AL.....ARE.AS..OF.SIGNIFJ;CAlIc;:E
REPRE'$l!NTA~lmFIN >msT~G'SURVEYS ..
~
~
'"
en
,..
..,
'"
2
S
'"
~
Facade N!S/E/W
r
By _ Date
MODIFICATIONS/ADDITIONS:
.. "SlQjl.:G (..l.A'~ I'+ll)Q~>l'5tMk -CCH~
O1.,.V\L I:lLttf\..ovc.r! .,w!fCl+ e~JhI,lItJ j
I ~(M,OI\.HOI;.lTv?
on
...
1:1
'"
...,
--,-, .-:,.
COMMENT:
.t:.Cr~t.L;t~~Ll.j~"'~
a'-t 7:ISt. IUc~L':'1J4{1Pu."'>Q~\PjU:.1 ~.
. -t!l'(;B/ls.tCP<e.l ~ .~.....-:l41;re,~ Alb ;;J
C.\,\J\4AC1:.~~'-f~.r ..C('-' "tI.O:l.'S~ . ::=:
$'*".... -C~V(,I~ ~t.:.~la(O IT 1CI.(:,CCrJ ....,
Ii?XA...pl.~ G/F i~ .~'<.(..I)'XWfl-"( .~
~r;.~ vt. . .
1l~3~.~
HAnS /NRilP
, .. ;;;.'"L:"":!{":"
Da.te
. "'" .
"'ie .JUJt. 71
" SURYEYc9!,S1ffiXANT: BruceM. KriviakeY,AICP
HISTORIC SITES FIELD SURVEY
DUBurmE, IO~;A
Common Name
Mdress Jj ~ tj f-x;....J.''''
l~ilp Key c: - 71 Year Bui! t
.~-D
Present Owner \t~ ~
Present Occupant R..M ~,,)
Present Use
Zoning
IYlF
Material V - \1.\ '"
NATURE OF SITE
STRUCTURAL CONDITION
Building
Area
Site
Other
'/..
Foundation
Walls
Roof
Windows
Comments
SOURCE OF INTEREST
MA IllTENANCE
Historical
Archi tectural -L-
Other
Structure
Site
Adj. Bldgs.
Adj. Prop.
Vicinity
Comments
ARCHITECTURAL QUALITY
Exceptional .
Excellent
Good X
Fair
Poor
Significant features
URBAN DESIGN VALUE
Is site threatened? ~~
Great
Moderate
Minor
x
Additional information
SIGNIFICANCE
Neighborhood X
Ci ty ~
State
National
:1"-
Date of Field Survey ~l'\
Inspected 1:y
u<;
_ Photos V-14Q Mapped _E:. -7/
.........._...-~_._,- ...,_._.~.,-~"----~,,.
INDIVIDUAL HISTORIC DESIGNATION STAFF REPORT
Meeting Date: July 20, 2006
Property Address: 565 Fenelon Place
Property Owner: Gerald and Rita Staheli
Applicant: Karen Dorschkind/ Gerald and Rita Staheli
Project: Individual Historic Designation of 565 Fenelon Place
Style: Queen Anne Date Built: 1898
Present land Use: Residential
Existing Zoning: R-3 Multi-Family Residential
level of SiQnificance:
o Contributing - Jacobsen (2004)
o Neighborhood Significance - Kriviskey (1979)
Property History: The property is historically known as the Harry E. and Marian
Tredway House. The Iowa Site Inventory Form notes the slightly early building date
allows for a more Queen Anne stylistic mix and subsequent neighboring designs appear
to build on this example. The same architect quite likely was responsible for all the east
end Fenelon house designs. Harry E. Tredway owned the parcel when it was sewered
in 1891. The City Directory notes Harry E. and Marion Tredway resided in the home
between 1899 and 1921. Chas. Kunz purchased the property in 1929 and resided there
until 1955.
Statement of Significance: In the enclosed letter, the property owner explains 565
Fenelon Place is worthy of historic designation, primarily because of its distinctive
Queen Anne architectural characteristics, its close proximity to the Fourth Street
Elevator and its location in a neighborhood with several other late 19th and early 20th
century homes.
The enclosed Iowa Site Inventory Form indicates the property would be a contributing
structure to a potential National Register District. The inventory form describes the
building as having a Classical Revival/Queen Anne style with a hip roof. The residence
is characterized as having a hip roof core, offset pedimented dormer, rounded corner
tower and wrap-around porch, and side hall plan. The blank gable front is unique, as is
the very omate rounded second floor bay. The Iowa Site Inventory Form explains the
property is the best and best preserved example of the Classical Revival/Queen Anne
style in Dubuque.
Staff Analysis: The applicant is currently seeking Individual Historic Designation of
565 Fenelon Place. The role of the Commission is to consider the criteria for
nomination and make a determination as to the following:
1. The nominated property, structure, object, site or area
. Is of "architectural significance", as determined by the Historic
Preservation Ordinance; or
. Is associated with events that have made a significant contribution to the
broad patterns of the history of the City of Dubuque, Dubuque County, the
State of Iowa or the nation; or
. Is associated with the lives of persons significant in the past of the city of
Dubuque, Dubuque County, the State of Iowa or the nation; or
. Has yielded, or may be likely to yield, information important in prehistory
or history; and
2. The structure, property, object, site or area has sufficient integrity of location,
design, materials and workmanship to make it worthy of preservation and
restoration; and
3. The structure, property, object, site or area is at least fifty (50) years old, unless
the Commission determines that it has achieved significance within the past fifty
(50) years and is of exceptional importance.
Within thirty (30) days following the close of the public hearing, the commission shall
make a determination upon the evidence as to whether the nominated landmark,
landmark site, individually designated historic property or historic district does or does
not meet the criteria for designation. Such determination shall be made in an open
meeting by resolution of the commission, shall be reduced to writing in the form of a
recommendation and shall be supported by a written report in support of the
nomination.
Prepared by: -V__~____Reviewed: ~c.
/"
Date: '7~~
/
()
0'
c
o
-
(])
c
(])
u..
LO
(0
LO
>.
t
Q)
C-
o
~
0..
~
-
(j
Q)
E
'"
(f)
..-"-~.
.../
//
/
D
G
o
c
o
-
CD
c
CD
u..
L()
c.o
L()
>-
t
Q)
a.
D
~
CL
\
\
,
-
t)
Q)
:.a
:J
(f)
.-.""
~/
/'
/
"
/
\
\
\
\
o
Sec. 25-1. Purpose And Intent:
The purpose of this chapter is to:
(1) Promote the educational, cultural, economic and general welfare of the public
through the protection, enhancement and perpetuation of districts, individually
designated historic properties, landmarks, and landmark sites of prehistoric,
historic, architectural, archeological and cultural significance;
(2) Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological
and cultural heritage by preserving historic properties, districts, landmarks,
and landmark sites of historical, architectural and cultural significance;
(3) Stabilize and improve property values;
(4) Foster civic pride in the legacy of beauty and achievements of the past;
(5) Protect and enhance the city's attractions to tourists and visitors and the
support and stimulus to business thereby provided;
(6) Strengthen the economy of the city; and
(7) Promote the use of properties, districts, landmarks, and landmark sites of
prehistoric, historic, architectural, archeological and cultural significance as
sites for the education, pleasure and welfare of the people of the city.
Sec. 25-2. Definitions:
For the purpose of this chapter, the following words and phrases shall have the
meanings ascribed to them below:
Alteration: Any act or process which changes the exterior architectural
appearance of a structure, site or area, including, but not limited to, the erection,
construction, reconstruction, restoration, removal or demolition of any structure or
part thereof, excavation, or the addition of an improvement.
Archeological Significance: A determination based on the following criteria:
(1) The site is associated with events that have made a significant
contribution to, and are identified with, or that outstandingly represent, the
broad cultural patterns of U.S. history and from which an understanding and
appreciation of those patterns may be gained; or
(2) The site is associated importantly with the lives of persons nationally
significant in U.S. history; or
(3) The site represents some great idea or ideal of the American people; or
(4) The site embodies the distinguishing characteristics of an architectural
type or specimen exceptionally valuable for a study of a period, style or
method of construction, or that represents a significant, distinctive and
exceptional entity whose components may lack individual distinction; or
(5) The site is composed of integral parts of the environment not sufficiently
significant by reason of historical association or artistic merit to warrant
individual recognition, but collectively compose an entity of exceptionally
historical or artistic significance, or outstandingly commemorate or illustrate a
way of life or culture; or
(6) The site has yielded or may be likely to yield information of major scientific
importance by revealing new cultures, or by shedding light upon periods of
occupation over large areas of the U.S. Such sites are those which have
yielded, or which may reasonably be expected to yield data affecting theories,
concepts and ideas to a major degree.
Architectural Significance: A determination based on the following criteria:
(1) The structure(s) is (are) the work of, or associated with, a nationally or
locally noted architect, architectural firm, engineer, builder or craftsman; or
(2) The structure(s) is (are) an example of a particular period of architecture
or architectural style in terms of detail, material, method of construction or
workmanship, with no or negligible irreversible alterations to the original
structure; or
(3) The structure(s) is (are) one of the few remaining examples of a particular
architectural style; or
(4) The structure(s) is (are) one of a contiguous group of structures which
have a sense of cohesiveness which is expressed through a similarity of
characteristics, a similarity of a style, a similarity of period, a similarity of
method of construction or which accent the architectural significance of the
area.
Building: Any structure used or intended for supporting or sheltering any use or
occupancy, typically for any form of human activity. A building also may refer to
an historically and functionally related unit, such as a courthouse and jail or a
house and barn. Examples of buildings include: carriage house, church, garage,
hotel, house, library, school, shed, store or theater.
Certificate Of Appropriateness: A document issued by the historic preservation
commission indicating its approval of plans for an alteration or activity which will:
(1) Create a material change in appearance, or the removal or demolition, of
a landmark, landmark site or of a structure within an historic district; and
(2) Require a regulated permit.
Certificate Of Economic Nonviability: A document issued by the historic
preservation commission which acknowledges an exception as herein defined
and which authorizes an alteration or activity:
(1) Which creates a material change in appearance, or the removal or
demolition, of a landmark, landmark site or of a structure within an historic
district;
(2) Which requires a regulated permit; and
(3) For which a certificate of appropriateness has been or would be denied;
however, a certificate of economic nonviability shall be issued only upon a
showing that the property owner will be deprived of any reasonable economic
return on the property if not allowed to proceed with the requested alteration
or activity.
Commission: The Dubuque historic preservation commission, as established by
this chapter.
Demolition: Any act or process which destroys in part or in whole a landmark or a
structure.
Design Guideline: A standard of acceptable activity which will preserve the
prehistoric, historic, architectural, archeological and cultural character of a
building, district, landmark, site or structure.
Determination Of No Material Effect: A document issued by the city manager or
the city manager's designee indicating approval for any normal "repair" or act of
maintenance as defined by this chapter, which:
(1) Is not an "alteration", construction, removal, "demolition" or "excavation"
as defined by this chapter;
(2) Does not create a material change in the exterior architectural appearance
or exterior features of a structure or site; and
(3) Nonetheless does require a regulated permit.
District: A definable geographic area that can be distinguished from surrounding
properties, and which possesses a significant concentration, linkage, or
continuity of sites, buildings, structures or objects united historically or
aesthetically by plan or physical development.
Excavation: The digging out or removal of earth, soil.
Exterior Architectural Appearance: The architectural style and character and the
general composition and arrangement of the exterior of a building or structure.
Exterior Features: The architectural style and the general design and
arrangement of the exterior of a structure, including, but not limited to, the kind
and texture of the building material(s), and the type, style and arrangement of all
windows, doors, light fixtures, signs and other appurtenant elements, or the
natural features of a landmark, landmark site or structure. In the case of outdoor
advertising signs, "exterior feature" includes the style, material, size and location
of the sign.
Historic District: An area designated by ordinances of the city council which:
(1) Has defined geographic boundaries;
(2) Contains contiguous pieces of property under diverse ownership; and
(3) Is one or more of the following:
a. Significant to American history, architecture, prehistoric or historic
archaeology or culture; or
b. Possesses integrity of location, design, setting, materials, workmanship,
feel and association; or
c. Associated with events that have been a significant contribution to the
broad patterns of our prehistory or history; or
d. Associated with the lives of persons significant with our past; or
e. Embodies the distinctive characteristics of a type, period, or method of
construction; or
f. Represents the work of a master; or
g. Possesses high artistic values; or
h. Represents a significant and distinguishable entity whose components
may lack individual distinction; or
i. Has yielded, or may be likely to yield, information important to prehistory
and history.
Historic Significance: A determination based on the following criteria:
(1) The structure(s) or site(s) has (have) a strong association with the life or
activities of a person or persons who have contributed to or participated in the
historic events of the nation, state or community; or
(2) The structure(s) or site(s) is (are) associated with an association or group
(whether formal or informal) which has contributed to or participated in historic
events of the nation, state or community; or
(3) The structure(s) or site(s) or object(s) is (are) associated with an
antiquated use due to technological or social changes in the nation, state or
community, such as, but not limited to, a blacksmith's shop or railroad trestle;
or
(4) The site(s) or object(s) is (are) a monument to or a cemetery of historic
personages.
Improvement: Any building, structure, parking facility, fence, gate, wall, work of
art or other object constituting a physical betterment of real property, or part of
such betterment.
Individually Designated Historic Properties: historical designation offered for
individual properties determined to have prehistoric, historic, architectural,
archeological and cultural significance and which are not of a landmark status or
located within a historic district.
Integrity: The original, unaltered or historically altered appearance of a structure,
site or area when taken as a whole.
Landmark: A property or structure designated by ordinance of the city council
pursuant to procedures described herein, that is worthy of preservation,
rehabilitation or restoration because of its prehistoric, historic, architeCtural,
archeological or cultural significance to the city, the state or nation.
Landmark Site: Any parcel of land of prehistoric or historic archeological
significance, or historic significance due to its substantial value in tracing the
prehistory or history of Native Americans, or upon which an historic event has
occurred, and which has been designated as a landmark site under this section,
or an improvement parcel, or part thereof, on which is situated a landmark and
any abutting improvement parcel, or part thereof, used as and constituting part of
the premises on which the landmark is situated.
Material Change Of Appearance: Any change, alteration or modification of the
external architectural appearance or exterior features of a building, improvement,
structure or property which is visible from the public way and for which a
regulated permit is required for compliance with applicable local codes, including,
but not limited to:
(1) Changes in the exterior size, configuration, fenestration or other structural
features of the property; or
(2) Construction or reconstruction; or
(3) Demolition; or
(4) Any alteration in the size, location or appearance of any sign on the
property; or
(5) Any excavation on property or the deposit of any waste, fill or other
material on property.
(6) For individual historic districts, the definition of "material change in
appearance" may be expanded to include additional activities for which a
certificate of appropriateness is required. Such additional activities shall be
delineated in the ordinance designating an individual district or by amending
the district designating ordinance, in the case of a district that has been
previously designated.
Object: As distinguished from buildings and structures, objects are those
constructions that are primarily artistic in nature or are relatively small in scale
and simply constructed. Although it may be, by nature or design, movable, an
object is associated with a specific setting or environment. Examples of objects
include: fountain, milepost, monument, sculpture or statuary.
Owner Of Record: Any person, firm, corporation or other legal entity listed as
owner on the records of the county recorder of Dubuque County.
Preservation Alternatives: Financial incentives and restoration alternatives
sufficient for the property owner to earn a reasonable economic return. Financial
incentives include, but are not limited to, financing, tax credits, tax abatements,
preservation grants or other similar incentives. Restoration alternatives include,
but are not limited to, different materials, techniques or methods for rehabilitation
of historic buildings and structures, or archeological sites.
Regulated Permit: An official document or certificate issued by the building
official, city engineer or other official of the city pursuant to provisions of the
building code or other ordinance or regulation, and which authorized the
performance of a specified activity.
Repair: Any change which does not require a building permit, and which is not
construction, removal or demolition.
Scale: In a building or structure, the relationship of the vertical, horizontal and
volume measurements; the relationship of the parts to one another within a
building, or structure or in comparison to other buildings or structures within that
vicinity.
Site: The location of a significant event, a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined, or vanished, where
the location itself possesses historic, cultural, or archeological value regardless
of the value of any existing structure. Examples of sites include: cemetery,
designed landscape, habitation site, natural feature having cultural significance,
rock carving, rock shelter, ruins, trail or village site.
Structure: Anything constructed or erected, the use of which requires a
permanent or temporary location on or in the ground, including, but not limited to,
the following: earthwork, fences, gazebos, advertising signs, billboards,
backstops for tennis courts, radio and television antennas, including supporting
towers, and swimming pools. As distinguished from buildings, structures are
those functional constructions made usually for purposes other than creating
human shelter.
Sec. 25-3. Historic Preservation Commission Established;
Membership; Term Of Office; Vacancies In Office:
(a) The historic preservation commission is hereby established and shall consist
of nine (9) members who shall be residents of the city.
(b) Members of the commission shall be appointed by the city council as follows:
one resident from each designated historic preservation district, including the
districts hereinafter established; and four (4) at large members. Each member
shall possess qualifications evidencing expertise or interest in architecture,
history, archeology, law, construction or building rehabilitation, city planning
or conservation in general. One commission member shall be a licensed
architect.
(c) Members shall serve three (3) year terms.
(d) Vacancies occurring in the commission, other than through expiration of term
of office, shall be only for the unexpired portion of the term of the member
replaced. Each member shall serve until the appointment of a successor.
(e) Members may serve for more than one term.
(f) Vacancies shall be filled by the city council in accordance with the
requirements set forth above.
(g) Members shall serve without compensation.
Sec. 25-4. Election Of Officers; Organization; Rules And Bylaws;
Conduct Of Meetings; Record Of Actions; Attendance At
Meetings:
(a) The commission shall elect from its membership a chairperson and vice
chairperson, whose terms of office shall be fixed by bylaws adopted by the
commission. The chairperson shall preside over meetings of the commission
and shall have the right to vote. The vice chairperson shall, in cases of
absence or disability of the chairperson, perform the duties of the
chairperson.
(b) The city manager shall designate a person to serve as secretary to the
commission. The secretary shall keep a record of all resolutions, proceedings
and actions of the commission.
(c) The commission shall adopt rules or bylaws for the transaction of its business.
The bylaws shall provide for, but not be limited to, the time and place of
holding regular meetings, the procedure for the calling of special meetings by
the chairperson or by at least three (3) members of the commission and
quorum requirements.
(d) All meetings of the commission shall be subject to Iowa Code chapter 21, the
Iowa open meetings act.
(e) The commission shall keep a record of its resolutions, proceedings and
actions. The records shall be subject to Iowa Code chapter 22, the Iowa
public records act.
(f) A quorum of the commission shall be required in order to transact business.
(g) The affirmative vote of a majority of commission members present at a
meeting shall be required for the approval of plans or the adoption of any
resolution, motion or other action of the commission.
(h) The vote of each member of the commission shall be recorded.
(i) A member of the commission shall attend at least two-thirds (2/3) of all
scheduled meetings within any consecutive twelve (12) month period. If any
member does not attend such prescribed number of meetings it shall
constitute grounds for the commission to recommend to the city council that
said member be replaced. Attendance of all members shall be entered on the
minutes.
U) The commission shall file with the city council a copy of the minutes of each
regular and special meeting of the commission within ten (10) working days
after each meeting.
Sec. 25-5. Powers And Duties Generally; Procedures For
Operations:
(a) The general duties and powers of the commission shall be as follows:
(1) To promote and conduct educational and interpretive programs on historic
properties within its jurisdiction;
(2) To develop and adopt specific standards for review and design guidelines,
in addition to those set forth in subsection 25-101a) of this chapter, for the
alteration of landmarks, landmark sites, individually designated historic
properties and property and structures within historic districts;
(3) To adopt its own bylaws;
(4) To identify, evaluate, register, manage and protect significant prehistoric
and historic archeological sites;
(5) To conduct an ongoing survey to identify historically, archaeologically and
architecturally significant properties, structures and areas that exemplify the
cultural, social, economic, political, archeological or architectural history of the
nation, state or city;
(6) To research and recommend to the city council the adoption of ordinances
designating areas as having historic, architectural, archeological or cultural
value or significance as "historic districts";
(7) To research and recommend to the city council the adoption of ordinances
designating properties or structures having historic, architectural,
archeological or cultural value or significance as "landmarks" or "landmark
sites";
(8) To research and recommend to the city council the adoption of ordinances
designating properties as having historic, architectural, archeological or
cultural value or significance as " Individually Designated Historic Properties";
(9) To maintain a register of all properties and structures which have been
designated as landmarks, landmark sites or historic districts, including all
information required for each designation;
(10) To assist and encourage the nomination of landmarks, landmark sites
and historic districts to the national register of historic places, and review and
comment at a public hearing on any national register nomination submitted to
the commission upon the request of the mayor, city council or the state
bureau of historic preservation;
(11) To confer recognition upon the owners of landmarks, individually
designated historic properties or of property or structures within historic
districts;
(12) To review in-progress or completed work to determine compliance with
specific certificates of appropriateness or certificates of economic nonviability;
and
(13) To serve as an advisory design review body to the city council for review
of public works projects which have historic preservation implications in
historic districts, individually designated historic properties, or for alteration of
landmarks, landmark sites or structures, that would result in a material
change in appearance or be visible from the public way.
(b) The commission shall be governed by the administrative, personnel,
accounting, budgetary and procurement policies of the city.
Sec. 25-6. Identification And Designation Of Landmarks,
Landmark Sites, Individually Designated Historic Properties And
Historic Districts:
(a) Generally: The commission may conduct studies for the identification and
nomination of landmarks, landmark sites, individually designated historic
properties and historic districts, as defined by this chapter. The commission
may proceed on its own initiative or upon a petition from any person, group or
association.
(b) Nomination:
(1) Landmarks And Landmark Sites: The nomination of landmarks and
landmark sites shall be initiated by an application submitted to the
commission by the property owner on a form supplied by the commission.
(2) Historic Districts: The designation of historic districts shall be initiated by a
nomination for such designation. A nomination shall be made to the
commission on a form prepared by it and may be submitted by a member of
the commission, the owner of record of property within a proposed historic
. district, the city council, or any other person or organization. When a
commissioner, as a private citizen, nominates an historic district for
designation, the nominating commissioner shall abstain from voting on the
designation. This provision shall not extend to a designation motion presented
by a commissioner as part of commission proceedings.
(3) Individually Designated Historic Properties: The nomination of individually
designated historic properties shall be initiated by an application submitted to
the commission by the property owner on a form supplied by the commission.
(c) Criteria For Consideration Of A Nomination: The commission shall, upon such
investigation as it deems necessary, make a determination as to the
following:
(1) The nominated property, structure, object, site or area:
a. Is of "architectural significance", as defined by this chapter; or
b. Is associated with events that have made a significant contribution to the
broad patterns of the history of the city of Dubuque, Dubuque County, the
state of Iowa or the nation; or
c. Is associated with the lives of persons significant in the past of the city of
Dubuque, Dubuque County, the state of Iowa or the nation; or
d. Has yielded, or may be likely to yield, information important in prehistory
or history; and
(2) The structure, property, object, site or area has sufficient integrity of
location, design, materials and workmanship to make it worthy of preservation
or restoration; and
(3) The structure, property, object, site or area is at least fifty (50) years old,
unless the commission determines that it has achieved significance within the
past fifty (50) years and is of exceptional importance.
(d) Notification of Nomination: Within sixty (60) days after receipt of a completed
nomination in proper form, the commission shall hold a public hearing. Notice
that a nomination for designation is being considered and the date, time,
place and purpose of the public hearing shall be sent by certified mail, at least
fourteen (14) days prior to the date of the hearing, to the owner(s) of record of
the nominated landmark or landmark site, nominated individually designated
historic property, or property within the nominated historic district and to the
nominator(s). Notice shall also be published in a newspaper having general
circulation in the city. The notice shall state the street address and legal
description of a nominated landmark or landmark site or the boundaries of a
nominated district.
(e) Public Hearing: Oral or written testimony concerning the significance of the
nominated landmark, landmark site or historic district shall be taken at the
public hearing from any interested person. The commission may request
expert testimony, consider staff reports or present its own evidence regarding
the compliance of the nominated landmark, landmark site, individually
designated historic property or historic district with the criteria set forth in
subsection (c) of this section. The owner of any nominated landmark,
landmark site, individually designated historic property or of any property
within a nominated historic district shall be allowed a reasonable opportunity
to present evidence regarding the nomination, shall be afforded the right of
representation by counsel and shall be given reasonable opportunity to cross-
examine expert witnesses. The hearing shall be closed upon completion of
testimony.
(f) Determination By The Commission, Recommendation And Report: Within
thirty (30) days following the close of the public hearing, the commission shall
make a determination upon the evidence as to whether the nominated
landmark, landmark site, individually designated historic property or historic
district does or does not meet the criteria for designation. Such determination
shall be made in an open meeting by resolution of the commission, shall be
reduced to writing in the form of a recommendation and shall be supported by
a written report in support of the nomination. The commission's
recommendation on the nomination of a landmark, landmark site, individually
designated historic property or historic district, and its supporting report, shall
be filed with the long-range planning advisory commission, and shall include a
proposed ordinance or amendment establishing such landmark, landmark
site, individually designated historic property or historic district and describing
its location and boundaries by address and legal description.
(g) Action By Long-Range Planning Advisory Commission: Within sixty (60) days
after receipt of the commission's recommendation, report and proposed
ordinance or amendment, the long-range planning advisory commission shall
report to the city council with respect to the relation of the nomination to the
general development plan, zoning ordinance, proposed public improvements
and any plans for the renewal of the area involved. Upon submission of the
report of the long-range planning advisory commission, or upon the expiration
of the sixty (60) day period, the matter shall be transmitted to the city council.
(h) Action By City Council:
(1) The city council shall submit the proposed ordinance or amendment to the
bureau of historic preservation of the state historical society of Iowa for review
and recommendations at least forty five (45) days prior to the date of any
public hearing conducted by the city council. Any recommendations made by
the bureau of historic preservation shall be made available by the city to the
public for viewing during normal working hours at a city government place of
public access.
(2) Upon receipt of the recommendation and report of the historic
preservation commission and the report of the long-range planning advisory
commission, and after having received a recommendation from the bureau of
historic preservation or if the forty five (45) day waiting period has lapsed
since submission of the request for such recommendation, the city council
shall conduct a public hearing on the ordinance or amendment establishing
the proposed landmark, landmark site, individually designated historic
property or historic preservation district. After public hearing, the city council
shall approve or disapprove the ordinance or amendment, or refer the
nomination back to the historic preservation commission for modification. A
modified nomination shall require compliance with the same procedure for
designation as set forth above.
(3) City council approval of the ordinance or amendment shall constitute
designation of the landmark, landmark site, individually designated historic
property or historic district.
(i) Amendment And Rescission Of Designation: A designation may be amended
or rescinded upon petition to the commission and compliance with the same
procedure and according to the same criteria as set forth above for
designation.
Sec. 25-6.1. Langworthy Historic Preservation District:
The properties hereinafter described are hereby designated as an historic
preservation district, according to the provisions of this chapter:
All of Lots 1 through 3, inclusive; all of Lot 4 excepting the northerly ten (10)
feet thereof, all of the south half of Lot 6; all of Lots 12 through 16, inclusive;
and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's
Addition. The west fifteen (15) feet of lot 4; all of Lot 5, and Lot 6; all being in
McCoy Subdivision. All of Lots 1 through 6, inclusively, of Lot 2 and Lot 3; all
of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly twelve
(12) feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of
Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of
Lots 9 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1
through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot
1 of Lot 1 of Lot 33; and Lot 1 of Lot 2 of Lot 2 of Lot 33; all being in T. S.
Nairn's Dubuque Addition.
Sec. 25-6.2. Old Main Historic Preservation District:
The properties hereinafter described are hereby designated as an historic
preservation district, according to the provisions of this chapter:
All of city Lots 1 through 12, inclusive; all of city Lots 69 through 80, inclusive;
and the south sixty-four (64) feet of Lot 1 Block XV of Dubuque Downtown
Plaza.
Sec. 25-6.3. Jackson Park Historic Preservation District:
The properties hereinafter described are hereby designated as an historic
preservation district, according to the provisions of this chapter:
Beginning at the intersection of West 17th and Heeb Streets, north along
Heeb Street to the south line of M. A Rebman's Sub.; west along said line
and the south line of Duncan's Sub. to the west line of Lot 4-C.L. six hundred
seventy-four (674) feet; south along said line to the south line of Lot 2-5-C.L.
674; west along said line and along the south line of Lot 1-5-C.L. 674 to Main
Street; west across Main Street and Madison Avenue to the north line of Lot
5-2-C.L. 673; continuing west along said line to the west line of said lot; south
along said line to Dorgan Place; west along Dorgan Place to the east line of
Lot 1-1A-Dorgan's Sub.; southwest along said line and along the east line of
Lot 1-1-Dorgan's Sub. and its extension of West 17th Street; first south then
in a counterclockwise manner along the westerly line of D.N. Cooley's Sub.
and its southerly extension to the north line of Lot 1-1-C.L. 667; east along
said line to the east line of said lot; south along said line and the east line of
Lot 2-3-C.L. 667 to the south along said line of Lot 2-1-C.L. 667; east along
said line to Bluff Street; south along Bluff Street to the south line of AL.
Brown's Sub.; west along said line to the east line of Lot 769B of A
McDaniel's Sub.; south along said line and the east right-of-way line of Grove
Terrace and the east line of Corkery's Sub. to the north line of Lorimer's Sub.;
east along said line to the east line of Lot 1-1-1 and 11 of Lorimer's Sub.;
south along said line and its extension to West 9th Street; east along West
9th Street to Locust Street; north along Locust Street to West 10th Street;
east along West 10th Street to the alley between Locust and Main Streets;
north along said alley to West 13th Street; east along West 13th Street to
Main Street; south along Main Street to the south line of the north 1/5-C.L.
465; east along said line and its extension to the east line of the west 33 feet,
north 1/5-C.L. 460; north along said line to West 13th Street; east along West
13th Street to Iowa Street; north along Iowa Street to West 14th Street; east
along West 14th Street to the alley between Iowa Street and Central Avenue;
north along said alley to West 17th Street; east along West 17th Street to
Heeb Street, the point of beginning.
Sec. 25-6.4. Cathedral Historic Preservation District:
The properties hereinafter described are hereby designated as an historic
preservation district, according to provisions of this chapter:
Beginning at the intersection of Locust Street and West Seventh Street;
southwest along West Seventh Street to Bluff Street; northwest along Bluff
Street to the northwest line of Lot 5-C.L. 653A; southwest along said line to
the southwest line of said lot; southeast along said line to the northwest line of
the north fifty (50) feet of Lot 1-1-C.L. 653; southwest along said line to the
northeast line of Coriell's Dubuque Sub.; first southeast then in a clockwise
manner along said line to West Fifth Street; southeast along West Fifth
Street; to the northwest line of the west one hundred seven and five-tenths
(107.5) feet-west one hundred seventy (170) feet-C.L. 624; southwest along
said line to the northeast line of Cooper Heights Sub; southeast along said
line and along the northeast line of Lot 1-1-1-1C.L. 692 to the north right-of-
way line of West Fourth Street; southwest along said right-of-way line and
along the northwest line of Lot 2-1-1-1-C.L. 692 to Raymond Place; southeast
along Raymond Place to the northwest line of Fenelon Point Sub.; first
northeast then in a clockwise manner along said line to the southwest line of
Lot 1-E. seventy-eight and five-tenths (78.5) feet south one hundred (100)
feet-C.L. 692; southeast along said line to West Third Street to the southwest
line of Saint Raphael's Add.; southwest along said line to the northwest line of
Lot 1-2-C.L. 694; first northeast then in a clockwise manner along said line to
the northwesterly most line of Pixler Place; northeast along said line to the
west right-of-way line of Bluff Street; southeast across Bluff Street to the
northeast line of C.L. 589A; continuing southeast along the northeast line of
C.L. 589A and the northeast line of C.L. 589 and the northeast line of the
north twenty-one (21) feet-north 1/2 C.L. 572 to Locust Street; northeast
along Locust Street to the southwest line of the south fifty (50) feet-C.L. 568;
northwest along said line to Bissell Lane; north along Bissell Lane to West
Fourth Street; northeast along West Fourth Street to Locust Street; northwest
along Locust Street to West Seventh Street, the place of beginning as
described herein.
Sec. 25-6.5. West Eleventh Street Historic Preservation District:
The properties hereinafter described are hereby designated as an historic
preservation district, according to provisions of this chapter:
Beginning at the intersection of Loras Boulevard and Bluff Street; south along
Bluff Street to the south line of A.L. Brown's Sub.; west along said south line
to the east line of Lot 769B of A. McDaniel's Sub.; south along said east line
and along the east right-of-way line of Grove Terrace and along the east line
of Corkery's Sub. to the north line of Lorimer's Sub.; east along said north line
to the east line of Lot 1-1-1-11-Lorimer's Sub; south along said east line and
its southerly extension to West 9th Street; west along West 9th Street to the
west line of Central Addition; north along said west line to the south line of the
east twenty-seven (27) feet-Lot 3-C.L. 703; west along said south line to the
west line of said lot; north along said west line to the north line of the west
one hundred thirty-nine (139) feet-Lot 3-C.L. 703; west along said north line to
the east line of Lot 2-46A-Farley's Sub.; north along said east line to Wilbur
Street; west along Wilbur Street to the west line of Lot 2-46A-Farley's Sub.;
south along said west line to the south line of Lot 1-46-Farley's Sub.; west
along said south line and along the south line of Lot 1-45-Farley's Sub. to the
west line of said Lot 1-45; north along said west line to Wilbur Street; west
along Wilbur Street to Spruce Street; south along Spruce Street to the south
line of Lot 2-43-Farley's Sub.; west along said south line to the east line of the
south eighty (80) feet-Lot 37-Farley's Sub.; north along said east line to the
north line of said lot; west along said north line to the east line of Lot 38-
Farley's Sub.; north along said east line to Jefferson Street; west along
Jefferson Street and along the south line of Lot 2-1-1-3-C.L. 738 to the west
line of Lot 2-1-1-3-C.L. 738; north along said west line and along the west line
of Lot 1-1-1-3-C.L. 738 and along the west line of Lot 2-1-3-C.L. 738 and
along the west line of Lot 1-2-1-C.L. 738; to West Eleventh Street; east along
West Eleventh Street to the west line of Lot 12 of Cummin's Sub.; north along
the west lines of Lots 11, 10, 9 and 8 of Cummin's Sub.; north across Race
Street; north along the west line of Lot 6 of Cummin's Sub. to Chestnut Street;
west along Chestnut Street to the west property line of Lot 8 of Bissell's
Dubuque; north along the west property lines of Lots 9, 10, 11, 12, 13, 14 and
15 of Bissell's Dubuque and the E. 150' of Lot 5 of C. L. 740; east along the
north line of the E. 150' of Lot 5 of C.L. 740 to Walnut Street; north along
Walnut Street to Loras Boulevard; east along Loras Boulevard to Henion
Street; north along Henion Street to Pickett Street; east along Pickett Street to
the east line of Lot 2-7-C.L. 667; south along said east line to the south line of
Lot 1-4-C.L. 667; first east line then in a counter-clockwise manner along the
southerly lines of Lot 1-4-C.L. 667 and Lot 1-3-C.L. 667 to the west line of Lot
2-1-C.L. 667; south along said west line of the south line of Lot 2-1-C.L. 667;
east along said south line to Bluff Street; south along Bluff Street to Loras
Boulevard, the place of beginning.
Sec. 25-6.6. William M. Black Landmark:
The structure hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter;
Sidewheeler Dredge William M. Black moored at Inner Levee of the
Mississippi River, commonly known as the Ice Harbor.
Sec. 25-6.7. Dubuque City Hall Landmark:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter;
The building situated on the N 2/5 of City Lot 448 and the N 2/5 of City Lot
457, commonly known as 50 West 13th Street.
Sec. 25-6.8. Dubuque County Courthouse Landmark:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The building situated on part of City Lot 286 and City Lots 287 to 288,
commonly known as 720 Central Avenue.
Sec. 25-6.9. Dubuque County Jail Landmark:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The building situated on City Lots 284 to 285 and part of City Lot 286,
commonly known as 36 West 8th Street.
Sec. 25-6.10. Julien Dubuque Monument Landmark:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The structure situated on pt. Lot 1, Government Lots 1 and 2, located at
terminus of Monument Drive.
Sec. 25-6.11. Mathias Ham House Landmark:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The building situated on Lot 1 of Lot 531 Ham's Addition, commonly known as
2241 Lincoln Avenue.
Sec. 25-6.12. Shot Tower:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The Shot Tower structure situated on River Front Sub 1, located at terminus
of Commercial Street.
Sec. 25-6.13. Four Mounds Estate Historic District:
The property hereinafter described is hereby designated as a landmark,
according to the provisions of this chapter:
The buildings, structures, objects, sites, and property situated on Lot 1-1-2-1
& Lot 1-1-2-1-1 of SW-NW & Gov 1 & min Lot 331 & Lot 1-7-SW & Lot 2-NW-
NW all in Sec 1 of T89N-R2E & Lot 1 & Lot 2-1-1-1 of Sub of 1-7 SWand SW
of NW Sec 1 T89N-R2E & Gov Lot 1 a/k1a min Lot 331 & Lot 1-1-4, 2-2-4, 2-
1-2-4, Lot 2 & 3 of SW Sec 1 of T89N-R2E & Lot 1 Fountain Hill re-sub & Lot
16 John Deere Dub Tractor Works & Lot 2-1-1-2-2 of SE 1/4 NE 1/4 Sec 2 of
T89N-R2E 5th, commonly known as 4900 Peru Road.
Sec. 25-6.14. Individually Designated Historic Properties:
The properties hereinafter described are hereby designated as individually
designated historic properties, according to provisions of this chapter:
The buildings, structures, objects, sites, and property situated on E 1/2 LOT
36, E 15' W 1/2 LOT 36, LOT 37 PROSPECT HILL ADDITION, commonly
known as 565 Fenelon Place.
Sec. 25-7. Demolition Of landmarks, landmark Sites,
Individually Designated Historic Properties Or Structures In
Historic Districts; Demolition By Neglect; Certificate Of
Economic Nonviability: .
(a) Demolition Generally: Demolition of landmarks, landmark sites, individually
designated historic properties or structures within historic districts is
prohibited unless, upon application and after hearing, the commission issues
a certificate of appropriateness or a certificate of economic nonviability
pursuant to subsection 25-9(h) of this chapter.
(b) Demolition By Neglect Prohibited: The owner of real property in any historic
district, or of a landmark or landmark site, or individually designated historic
property shall preserve and keep from deterioration all buildings and
structures located on such real property. The owner shall repair the building
or structure to correct any of the following defects found by the city's
designated enforcement officer:
(1) Parts which are improperly or inadequately attached so that they may fall
and injure persons or property;
(2) A deteriorated or inadequate foundation;
(3) Defective or deteriorated floor supports or floor supports that are
insufficient to carry the loads imposed;
(4) Walls, partitions or other vertical supports that split, lean, list or buckle due
to defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to
support the load imposed;
(6) Fireplaces and chimneys which list, bulge or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings,
foundations or floors, including broken windows and doors;
(10) Any default, defect or condition in the structure which renders it
structurally unsafe or not properly watertight;
(11) Accumulations of weeds, fallen trees or limbs, debris, abandoned
vehicles, and other refuse;
(12) Deterioration of any exterior feature so as to create a hazardous
condition which could make demolition necessary for the public safety; or
(13) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style.
Sec. 25-8. Alteration Of Landmarks, Individually Designated
Historic Properties, Landmark Sites Or Structures In Historic
Districts; Determination Of No Material Effect; Certificate Of
Appropriateness; Review Of Preservation Alternatives;
Certificate Of Economic Nonviability:
(a) After designation of a landmark, landmark site, individually designated historic
property or historic district by the city council, any proposed alteration or
activity which will affect a landmark, landmark site, individually designated
historic property or structure or site within any historic district, and for which a
regulated permit or site plan approval is required, shall be reviewed by the
historic preservation commission; however, nothing in this chapter shall be
construed to prevent ordinary maintenance or repair of any landmark,
landmark site or structure or site within an historic district where such
maintenance or repair does not involve a material change of appearance
which necessitates issuance of a regulated permit or site plan approval as
herein defined.
(b) No regulated permit or site plan approval may be issued prior to review by the
commission.
(c) Upon review, the commission shall have the authority to take the following
actions:
(1) Authorize The Proposed Project, Determination Of No Material Effect:
a. If an application submitted to the commission demonstrates compliance
with the "Secretary Of Interior's Standards And Guidelines For Archaeology
And Historic Preservation", the secretary of interior's "Standards And
Guidelines For The Treatment Of Historic Properties", and the "Secretary
Of The Interior's Standards For Rehabilitation And Guidelines For
Rehabilitating Historic Buildings", codified as 36 CFR 68, as amended, as
established by this chapter and, pursuant to the bylaws adopted by the
commission, a determination may be made that such work or activity would:
1. Not result in a material change in appearance; or
2. Not be visible from the public way.
b. The city manager or city manager's designee shall make such
determination and may issue a determination of no material effect, which
shall authorize the proposed work or activity to proceed without a public
meeting of the commission.
(2) Approve The Proposed Project; Certificate Of Appropriateness:
a. The commission shall issue a certificate of appropriateness if, upon
application and after conducting a review of the application, it finds:
1. That the property owner or the property owner's representative has
established that the proposed alteration or activity complies with the
standards for review set forth by this chapter and regulated by the
commission and conforms to the purpose and intent of this chapter; and
2. That creating, changing, destroying or affecting the exterior
architectural features of the structure, improvement or site upon which
the work is to be done will not have a substantial adverse effect on the
aesthetic, historic or architectural significance and value of either the
property itself or of the neighboring improvements in a district.
b. The issuance of a certificate of appropriateness shall enable the
applicant to obtain a regulated permit or site plan approval and to proceed
with the proposed alteration or activity.
(3) Disapprove The Proposed Project; Review Of Preservation Alternatives;
Certificate Of Appropriateness:
a. The commission shall issue a certificate of appropriateness, upon
application for and after conducting a review of preservation alternatives, it
finds:
1. That the property owner or the property owner's representative has
established that the preservation alternatives for the proposed alteration
or activity comply with the standards for review set forth by this chapter
and regulated by the commission, and conform to the purpose and intent
of this chapter; and
2. That creating, changing, destroying or affecting the exterior
architectural features of the structure, improvement or site upon which
the work is to be done will not have a substantial adverse effect on the
aesthetic, historic or architectural significance and value of either the
property itself or of the neighboring improvements in a district.
b. The issuance of a certificate of appropriateness after a review of
preservation alternatives shall enable the applicant to obtain a regulated
permit or site plan approval and to proceed with the proposed alteration or
activity.
(4) Disapprove The Proposed Project; Certificate Of Economic Nonviability:
The commission shall issue a certificate of economic nonviability, upon
application or upon its own motion, if:
a. A review of preservation alternatives has been conducted and a
certificate of appropriateness has been denied; and
b. The commission determines that disapproval of the proposed work or
activity would prevent the property owner from earning any reasonable
economic return from the property. In considering whether the property has
been prevented from earning any reasonable economic return, the
commission shall deny the certificate of nonviability where the inability to
earn any reasonable economic retu'rn has been created by the property
owner's conduct including, but not limited to, neglect of maintenance or
absence of bona fide attempts to earn a reasonable economic return.
(d) The building official, city engineer or other local authorities shall not issue a
regulated permit or site plan approval until there has been a determination of
no material effect or a certificate of appropriateness or a certificate of
economic nonviability issued.
(e) The transfer of a determination of no material effect, certificate of
appropriateness or certificate of economic nonviability from one structure,
improvement or site to another structure, improvement or site or from one
person to another is prohibited.
(f) Each determination of no material effect, certificate of appropriateness or
certificate of economic nonviability issued under the provisions of this chapter
shall expire and become null and void if the alteration, construction, repair,
removal, demolition or excavation for which the determination of no material
effect, certificate of appropriateness or certificate of economic nonviability
was issued is not initiated within one year of its issuance.
Sec. 25-9. Procedure For The Review Of Plans; Application For
Certificate Of Appropriateness; Application For Review Of
Preservation Alternatives; Application For Certificate Of
Economic Nonviability:
(a) Application for regulated permit shall be made to the appropriate city official.
The application shall state or the appropriate city official shall determine that
the proposed alteration, activity or demolition is to be done on a landmark,
landmark site, individually designated historic property or on a structure within
an historic district.
(b) Upon the filing of such permit application, the appropriate city official shall
notify the applicant that the matter must be reviewed by the historic
preservation commission before a regulated permit can be issued.
(c) If a permit application demonstrates compliance with the provisions for a
determination of no material effect as established by this chapter, then the
city manager or city manager's designee shall make such determination and
may issue a determination of no material effect, which shall authorize the
proposed work or activity to proceed without a public meeting of the
commission. If a permit application does not demonstrate compliance with the
provisions for a determination of no material effect as established by this
chapter, then an application for design review by the commission of the
proposed work, activity or demolition must be made by the applicant.
Application for commission review shall be filed in the planning services
department.
(d) Unless otherwise mutually agreed upon by the applicant and the commission,
the commission shall meet within twenty one (21) days after the filing of the
application for commission review. The commission shall review the proposed
project according to the duties and powers specified in this chapter. In
reviewing the proposed project, the commission may confer with the applicant
or the applicant's authorized representative. The commission may require
submission of such additional drawings, sketches, photographs or other
exhibits as it deems reasonably necessary for consideration of the
application.
(e) The commission shall approve or disapprove such plan.
(f) If the proposed project is approved, the commission shall issue a certificate of
appropriateness.
(g) If the commission disapproves such proposed project, it shall state its
reasons and shall transmit to the applicant a written record of its disapproval.
The commission may propose appropriate revisions of the applicant's
proposal which, if adopted, would cause the commission to reconsider its
disapproval. The applicant may make modifications to the proposed project
and shall have the right to resubmit a modified proposal at any time.
(h) Prior to filing an application for a certificate of economic nonviability, as
provided for in subsection (i) of this section, the applicant shall file an
application for a review of preservation alternatives. This application shall
document the applicant's attempts to evaluate and obtain "preservation
alternatives" as defined herein, including, but not limited to, financing, tax
incentives, preservation grants, restoration alternatives and other incentives
sufficient to allow the applicant to earn a reasonable economic return from the
property .
(1) After a review of the preservation alternatives, the commission shall
approve or disapprove such plan.
(2) If the proposed project is approved, the commission shall issue a
certificate of appropriateness.
(3) If the commission disapproves such proposed project, it shall state its
reasons and shall transmit to the applicant a written record of its disapproval.
The commission may propose appropriate revisions of the applicant's
proposal that, if adopted, would cause the commission to reconsider its
disapproval. The applicant may make modifications to the proposed project
and shall have the right to resubmit a modified proposal at any time.
(i) If the commission disapproves such proposed project after a review of
preservation alternatives, it may, upon application or on its own motion,
consider issuing a certificate of economic nonviability.
(1) Certificate Of Economic Nonviability: Upon application or motion for a
certificate of economic nonviability, the commission shall schedule a public
meeting on that application or motion.
(2) Data To Be Provided By The Applicant: The commission may solicit expert
testimony or require that the applicant for a certificate of economic nonviability
make submissions concerning any or all of the following information before
rendering its decision:
a. Estimate of the cost of the proposed construction, alteration, demolition
or removal and an estimate of any additional cost that would be incurred to
comply with the recommendations of the historic preservation commission
for changes necessary for the issuance of a certificate of appropriateness;
b. 'A report from a licensed engineer or architect with experience in
rehabilitation as to the structural soundness of any structures and their
suitability for rehabilitation;
c. Estimated market value of the property in its current condition; after
completion of the proposed construction, alteration, demolition or removal;
after any changes recommended by the commission; and, in the case of a
proposed demolition, after renovation of the existing property for continued
use;
d. In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser or other real estate
professional experienced in rehabilitation, as to the economic feasibility of
rehabilitation or reuse of the existing structure on the property;
e. The amount paid for the property, the date of purchase and the person
from whom purchased, including a description of the relationship, if any,
between the owner of record or the applicant and the person from whom
the property was purchased, and any terms of financing between the seller
and buyer;
f. If the property is income producing, the annual gross income from the
property for the previous two (2) years;
g. Itemized operating and maintenance expenses for the previous two (2)
years; and depreciation deduction and annual cash flow before and after
debt service, if any, during the same period;
h. The remaining balance on any mortgage or other financing secured by
the property and annual debt service, if any, for the previous two (2) years;
i. All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing or ownership of the
property;
j. Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two (2) years;
k. The assessed value of the property according to the two (2) most recent
assessments;
I. The amount of real estate taxes for the previous two (2) years and
whether or not they have been paid;
m. The form of ownership or operation of the property, whether sole
proprietorship, for profit or not for profit corporation, limited partnership,
joint venture or other;
n. Any other information considered necessary by the commission to make
a determination as to whether the property does yield or may yield any
reasonable economic return to the property owner(s), including, but not
limited to, the income tax bracket of the owner(s) or applicant(s) or of the
principal investor(s) in the property;
o. Proof of the applicant's efforts to obtain financing, tax incentives,
preservation grants and other incentives sufficient to allow the applicant to
earn a reasonable and an economic return from the property; and
p. A showing of the applicant's efforts in ongoing maintenance and repair.
(3) Determination Of Economic Nonviability: The commission shall review all
of the evidence and information required of an applicant for a certificate of
economic nonviability; and
a. If the commission finds that disapproval of the proposed work would
prevent the property owner from earning any reasonable economic return
from the property, the commission shall:
1. Immediately issue a certificate of economic nonviability; or
2. At its discretion, postpone, for a period not to exceed one hundred
eighty (180) days, the issuance of a certificate of economic nonviability.
During this time, the commission shall investigate strategies which would
allow the property owner to earn a reasonable economic return from the
property. No regulated permit shall be issued during this time unless a
certificate of appropriateness has been secured. If, at the end of the one
hundred eighty (180) day period, the commission, after a public meeting,
finds that the property owner still cannot earn any reasonable economic
return from the property, it shall issue a certificate of economic
nonviability.
b. If the commission finds, after initial review or after the one hundred
eighty (180) day period of postponement, that the property owner has, in
fact, earned or is able to earn a reasonable economic return from the
property, then the commission shall deny the application for a certificate of
economic nonviability.
Q) No regulated permit shall be issued authorizing a material change in
appearance of a landmark, landmark site or of a structure or site within an
historic district until there is a determination of no material effect or a
certificate of appropriateness or a certificate of economic nonviability filed with
the building official or the city official authorized to issue the necessary
regulated permit.
(k) In the event the commission disapproves of a proposed project, the notice of
disapproval shall be binding upon the building official, city engineer or other
local authority, and no permit shall be issued in such a case.
(I) The failure of the commission to approve or disapprove an application for a
certificate of appropriateness within sixty (60) days from the date of the filing
of an application, unless an extension is agreed upon mutually by the
applicant and the commission, shall be deemed to constitute approval, unless
within such sixty (60) days the commission has made a determination of
economic nonviability and has suspended its decision regarding a certificate
of economic nonviability pursuant to subsection (i)(3)a2 of this section.
Sec. 25-10. Standards For Review:
(a) The commission shall consider each design review on the merits of the
individual case, with due deliberation given to each proposed change(s) and
its sympathetic relationship to the specific historic setting, architectural or
historic significance, extent of previous alteration, use of original materials
and quality of design of the existing structure or site. Commission approval of
a particular type of alteration or activity shall not establish a binding precedent
for future commission action, but may constitute an additional factor to be
considered in subsequent design reviews involving the same type of
alteration or activity.
(b) The "Secretary Of Interior's Standards And Guidelines For Archaeology And
Historic Preservation", the secretary of interior's "Standards And Guidelines
For The Treatment Of Historic Properties", and the "Secretary Of The
Interior's Standards For Rehabilitation And Guidelines For Rehabilitating
Historic Buildings", codified as 36 CFR 68, as amended, shall provide the
guidelines by which the commission shall review an application for a
certificate of appropriateness or certificate of economic nonviability, and any
subsequent revisions of these standards and guidelines by the secretary of
the interior shall be adopted by the commission.
(c) The commission shall also be guided by the "Architectural Guidelines For
Historic Structures In The Historic Districts Of The City Of Dubuque, Iowa";
the "Streetscape And Landscape Guidelines For The Historic Districts Of The
City Of Dubuque, Iowa"; and any design standards specified in the ordinance
or amendment designating the landmark, landmark site or historic district.
Sec. 25-11. Appeals From Commission Action:
(a) An aggrieved party may appeal the commission's action to the city council by
filing a notice of appeal with the planning services department within thirty
(30) days from the date of notice of the commission's action.
(b) Upon filing of a notice of appeal, the planning services department shall
immediately transmit such notice and the record of the action before the
commission to the city clerk.
(c) On appeal, the city council shall consider only the record of the action before
the commission. No new matter may be considered.
(d) The city council shall consider whether the commission has exercised its
powers and followed the guidelines established by law and the historic
preservation ordinance (this chapter), and whether the commission's action
was patently arbitrary or capricious.
(e) The city council may affirm or reverse the commission's action, or may refer
the matter back to the commission for such further action as may be
appropriate. The city clerk shall give written notice of the city council's
decision on appeal within seven (7) days of the city council's decision to the
appellant and the historic preservation commission.
(f) An appellant who is not satisfied by the decision of the city council may appeal
within sixty (60) days of the city council's decision to the district court for
Dubuque County, pursuant to Iowa Code section 303.34.
Sec. 25-12. Inspection:
(a) After a certificate of appropriateness or certificate of economic nonviability
has been issued and a regulated permit granted to the applicant, the building
official, city engineer or other local authority may from time to time inspect the
work authorized and shall take such action as is necessary to enforce
compliance with the approved plans.
(b) Historic preservation commissioners may from time to time inspect, from the
public way, the work authorized and shall advise the building official or other
enforcement authority as necessary to enforce compliance with the approved
plans.
Sec. 25-13. Violations; Penalties:
It shall be unlawful for any person to disobey, omit, neglect or refuse to comply
with any provision of this chapter, and such person shall be subject to the
provisions of sections 1-8 and 1-15 through 1-17 of this code.