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Plat of Survey_3338 Center Grove RoadPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque AlAmeokaCiM •20n Masterpiece on the Mississippi January 14, 2014 Applicant: Jason Breithaupt Location: 3338 Center Grove Rd Description: Plat of Survey — Centre Grove Plat 3 Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The applicant was not in attendance. Staff reviewed the staff report, the location of the property, number of lots and that Lot 1 does not have frontage on a public or private street. Staff reviewed access to the parcels and that there will be reciprocal access easements between the lots. There were no public comments. The Zoning Advisory Commission discussed the request and had no objections. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to waiving lot frontage for Lot 1. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OP Masterpiece on Cite Mississippi ❑Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver ❑Rezoning /PUD /ID 3 PLANNING APPLICATION FORM ❑Preliminary Plat .Major Final Plat ❑Minor Final Plat ❑Simple Site Plan ❑Minor Site Plan ❑Major Site Plan Please time or print l egibluvin ink Property owner(s):( 4 1<e'4. t ol � f b Address. 37 51 ACV( 10 '/ D City: Fax #: Applicant /Agent: Phone: Address: City: State:_ Zip: Fax #6: Cell #: E -mail: Site location /address:_. 3 Ye am''", 6,-e; it -€.- a- Neighborhood Association: _ Existing zoning: Proposed zoning: District: Landmark: ❑ Yes 7'No ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation [Historic Revolving Loan ❑Historic Housing Grant Cell #: E -mail: City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 - 589 -4221 ptacinino61ctfyulthr fiLfte,crct ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts ❑Port of Dubuque Design Review Phone:(CO) S 3 6 3 LI, VI State:, 4Zip: 50)-00) Cheri /116 Gimdir1. Cam_ Legal Description (Sitwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or acres): al I I _zf h_ ( -5 Describe proposal and reason necessary (attach a letter of explanation, if needed): CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the properly owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2, The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional require_ d written and graphic materials are attached. Property Owner(s): Date: 11°0 Jo CD Applicant /Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee 7gZ.OD Received by: Date: //, /e /3Docket: Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph #563 - 744 -3631 LEGEND o SET 1/2' REBAR w/ YELLOW CAP #14417 ■ FOUND 1/2" REBAR w/ all YELLOW CAP #14417 REc. Aet ,, • FOUND 1-1/4" REBARE Was 09 °371 Nei'09'37 )(SET MAG NAIL Sfi 26 g• 33.00 J( • FOUND RAILROAD SPIKE 981'07'32' E 82.96' 9 A GAI DRIV Of 61gEEt PROPRIETORS: MYLA AND COMPANY. L.L.C.. CHERYL J. KALB AND MARK H. KALB 13751 BARRINGTON DRIVE DUBUQUE. IOWA 52003 SURVEY REQUESTED BY: JASON BREITHAUPT NE CORNER 1 -• LOT 2 OF PART OF, tiw LOT 1 OF LOT 20 CENTRE GROVE 1 NW CORNER LOT 1 CENTRE GROVE PLAT 2 1.734 ACRES 0 mom 4 OrN mw mm Q�n N3 N' ycV w " N mm '.<0,- da mm • 00 �w a 6 m EXISTING SANITARY` SEWER EASEMENT FILE NO.2013- _ + SE CORNER LOT 2 OF PART OF LOT 1 OF LOT 21 CENTRE GROVE 1 M 3 =4. N0 c°dv d 70 c.. UN OOW 'CO Y= LOY Cd>0. TO 017 GLW 'm°ag0 C > %L ~ wnm =v4 = a00 YNL Y` °. Ea d 3 `-L YYLY C C Tc 0107 =d T9 G9 .00 Lmm N OWE 001 T•= m 0 0 JY 0 0.v 0 00 o-1 CO • 10 =0) c� c OM C 60 • 0 0 a0+ >~ Oi OM 0. E F- , YG S- A I TARY Sn1 E T 4 ,Anve E ASEMNTC� F N72 mm , IL A'99 .42.0 y23.40. W9932" X01 .321.97;1 579-15 0A 567'15'09" 27.65' PEC.AS: 27.76 (27.70') EXISTING STORM SEWER EASEMENT FILE N0.2013- R =990.42' ACh 1229715• DA °°11 N70 '38'25 "E _ /kso -p 33.47E6(33.631 p_ N69 "36'02"E & SW CORNER 335 eik1 . LOT 2 ----0a41 2 GROVE IN PLAT C 3. 0 TOTAL AREA 1.849 ACRES CTVEOF DU QQUE COG PLAT 3. I' DUBUQUE. DUBUQUE comfit LOT 2 OF PART OF LOT 1 OF LOT 20. LOT 2 OF PART OF LOT 1 OF LOT 21. ANO LOTS 214. 22. 22A, 23.24. 25, AND 26 OF CENTRE GROVE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY. IOWA. AND LOT 2 OF CENTRE GROVE PLAT 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY. IOWA. NW MI MI Ell N 0 GRAPHIC SCALE 40 80 (7 i—ul›: wC CO O >0V3 C1▪ 0�~ ▪ m WVO 0 Doc ID: 007905890006 Type: OEN Kind: SURVEY PLAT Recorded: 01/23/2014 at 02:33:03 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Kathy Flynn F11e 2014 —r 00000788 Prepared by: SCHNEIDER Land Surveying and Planning. Inc. P.O.Box 128 Farley. Iowa 52046 Ph #563- 744 -3631 LEGEND DR� SPEET • YELLOW CAP#1441 F f II FOUND 1 /R w/ EN0Ei1 YELLOW CAP .FOUND 1 -1/4" PIPET EC.AO:O.E REC.AQ O•E • FOUND 5/B" REBAR N81- '109'37 W 1481.09.37 E (SET MAG NAIL 951 6.93' NB 33.00 A FOUND RAILROAD SPIKE N81'07'32'E 82.96' 0 "E 379.97; PROPRIETORS: MYLA AND COMPANY. L.L.C., CHERYL J. KALB AND MARK H. KALB 13751 BARRINGTON DRIVE DUBUQUE, IOWA 52003 SURVEY REQUESTED BY: JASON BREITHAUPT NE CORNER LOT 2 OF PART OF, a° LOT 1 OF LOT 20 , FF CENTRE GROVE w JU , 1 , 1 , , N .• N 0 i L + o 0 CNVN ELMS EL 010 m O _ _ + SE CORNER - _ LOT 2 OF PART OF - - - LOT 1 OF LOT 21 .0T 22ROVE CENTRE GROVE I Coo> L (0 >0 + ELM NNGN taa+c \ \Cm Ym0m 1Jy I . 0 A.N+.Lia Mr/ L 21° >000Y3y` � 133 MC • 70 N TO L'O C 01. \ o.0 LNN N \�� 00.E Lm .0 > 1.042 Y O: 51 EXISTING SANITARY` w SEWER EASEMENT FILE NO.2013- 567'15'09'W 27.65' NEC. A5: 27.76' (27.70') OT 2a ms TPE • CEN .:. 990.42' R' .48'32' 6Ct 321; p4 "w EXISTING 579 15 STORM SEWER EASEMENT FILE NO.2013- A= 25.71' R= 990.42' 19 N703825"E C N3.u- REC.AS: 33.47' (33.63') �ket � N69'36•02'E O 1p0• SW CORNER 33.55' ,¶ 1 CENTRE GROVE PG ZG TOTAL AREA 1.849 ACRES SURVEY DESCRIPTION - CENTRE GROVE PLAT 3. CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA: LOT 2 OF PART OF LOT 1 OF LOT 20. LOT 2 OF PART OF LOT 1 OF LOT 21, AND LOTS 21A, 22,22A, 23. 24. 25. AND 26 OF CENTRE GROVE. IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA. AND LOT 2 OF CENTRE GROVE PLAT 2 IN THE CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA. Sheet 2 of 4 OWNER'S CONSENT Akbuyal Iowa f Ce/nbev /3,2013 The foregoing plat of CENTRE GROVE PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. t� RACHEL KEELER COMMISSION NUMBER775961 • W COMMISSION WIRES /2. 3 • / s o ILrk.rf 7-e Chtve 16,1J State of Iowa ) ss: County of Dubuque ) 17i7AI 0 H. Kalb! Cheryl J. alb On this 1/ day of D.e.r, 2013, before me, a Notary Public in and for said State, personally appeared Mark H. Kalb and Cheryl J. Kalb to me personally known, who being by me duly affirmed did say that they said Mark H. Kalb and Cheryl J. Kalb acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Diu JANICEWiLLENBORG s COMMISSI01! NUMBER 707274 * .* MY COMMISSION EXPIRES i otary Public in the State of Iowa My Commission Expires /d <v = OWNER'S CONSENT i)a,b' , Iowa D 2CL/n,1v 12 2013 The foregoing plat of CENTRE GROVE PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. n RACHEL COMMISSION ION NUMBER 775961 • MY COMMISSION EXPIRES • 2 / O-'c kLi taa. %- iatav,-2tc¢ A- Chi t 61.6- State of Iowa ) ) ss: County of Dubuque ) Che . Kalb, M @mber of MYLA and COMPANY, LIMITED LIABILITY COMPANY ark H. Kalb, - °' . er of MYLA and COMPANY, LIMITED LIABILITY COMPANY On this j/ day of ' j, 2013, before me, the undersigned Notary Public in said County and State, personally appeared CHERYL J. KALB, Member of MYLA AND COMPANY, LIMITED LIABILITY COMPANY and MARK H. KALB, Member of MYLA AND COMPANY, LIMITED LIABILITY COMPANY, to me personally known, who being by me duly sworn, did say that they are one of the members or designated agents of said limited liability company, and that the instrument was signed and sealed on behalf of the limited liability company by authority of the limited liability company and the members or designated agents acknowledged the execution of the instrument to be the voluntary act and deed of the limited liability company by it and by the members or designated agents voluntarily executed. JANICEWILLENBORG COMMISSION NUMBER 707274 MY COMMISSION EXPIRES 6, ,. 110-u Yn a44' otary Public in the State of Iowa My Commission Expires /,, (p —/,ter' Sheet 4 of 4 CITY COUNCIL APPROVING PLAT Dubuque, Iowa Jan. 21 2a,p3 4 The undersigned Roy D. Buol , Mayor and Kevin Firnstahl Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that the foregoing plat of CENTRE GROVE PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa and that the City Council of the City of D buque, Iowa approves said plat. Roy D. Bu oL0 4; a 6r Kevin .. irnstahl - City Cle State of Iowa ) ) ss: County of Dubuque ) 2014 On this 21st day of January 26-1-3, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. TRISH L. GLEASON ``' 1 Commission Number 719986 ' My Commission Expires Notary Public in and for the State of Iowa My Commission Expires ./ a • 13 4 4 COUNTY AUDITOR Dubuque, Iowa 2013 The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2013. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa 2013 The forgoing plat has been received by the Dubuque County Recorder this day of 2013. County Recorder of Dubuque County, Iowa Sheet 3 of 4 MORTGAGE HOLDERS ACKNOWLEDGMENT The undersigned for D 4c-a 6-O0keujff, A2A/% alma of 429y4P0 State of Iowa, do hereby certify that the attached !Slat of CENTRE GROVE PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, is made with our free consent and in accordance with our desire as lien holder and mortgagee of the premises described herein. Bank 04/44o City PificifH',t V.P. k/c{ St President State of Iowa ) ss: County of Dubuque ) On this �% day of De_A -emb zZ 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Muff Ovid S and -n h ry/y Very) pes to me personally known, who being by me duly sworn, did say that they are the t// tt. Pnesabn.f , and 52 UL P, respectively, of the corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that 'Ina it Db dt1S and Toh n I(d p n es as officers acknowledged the execution of the foregoing instrument to be the voluntarily act and deed of the corporation, by it and by them voluntarily executed. COMMISSION NOMBERN167808 MY COMMISSION E'PIRES 1a2 ,2i -2(?/4 Notary Public in'and for said State My Commission Expires /02- .,2h1-;,k2/4 CITY ASSESSOR Dubuque, Iowa A2//3 2013 The forgo' plat was revi wed in the office of the City Assessor of the City of Dubuque this /-3(/4 day of , , 2013. Dubuque, Iowa City Assessor of the City of Dubuque, Iowa CITY OF DUBUQUE ZONING ADVISORY COMMISSION 2013 The foregoing plat of the CENTRE GROVE PLAT 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, being within the jurisdiction of the corporate limits of the City of Dubuque is hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended. City of Dubuque Zoning Advisory Commission Chairperson Irri \ � O UNIVERSITY - 0 /4,./ Base Data Provided by Dubuque County GIS Path: H:1Planning Services \EVB1ArcGISMaps \Vicinity Map_3338CenterGrove.mxd s Masterpiece on the Mississippi Applicants: Location: Description: Vicinity Map Jason Breithaupt Dubuque Al-Ankilal CRY 1I 1r nu- 2012•2013 3338 Center Grove Drive Plat of Survey Centre Grove Plat 3 Legend 3338 Center Grove Drive DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System ( DAGIS), which includes data created by both the City of Dubuque and Dubuque County. it Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available. DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequent) punitive, or special damages. whether foreseeable or unforeseeable. arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. al, 1:3r000 NORTH Masterpiece on the Mississippi 'I"®: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 7/.7.Z SUBJECT: Plat of Survey Centre Grove Plat 3 Dubuque bitd Atl•prner►ca ctr December 19, 2013 INTRODUCTION The submitted Plat of Survey of Centre Grove Plat 3 subdivides an existing parcel of land at 3338 Center Grove Drive into two parcels. The submitted Final Plat is being reviewed by the Zoning Advisory Commission and City Council as Lot 1 will not have frontage on a public or approved private street. DISCUSSION The submitted Plat of Survey of Centre Grove Plat 3 subdivides an existing 1.85 acre parcel into two lots to facilitate the development of a new commercial building on the property. A new building is currently under construction in the southwest corner of the parcel and will be located within Lot 1. The existing commercial building will be located in Lot 2. Access to the new commercial building within Lot 1 will be by way of an access easement over the existing paved portion of the property. Adequate off - street parking is provided for the new business. Planning staff does not object to the proposed layout as under the City's Unified Development Code, multiple commercial buildings could be located on the same parcel. It is not uncommon for commercial buildings to be on one parcel with reciprocal access easements providing access for employees and customers. The platting off of the new commercial building on Lot 1 could facilitate future sale of the building to another property owner by having a separate legal description for the property. RECOMMENDATION Planning staff recommends that the submitted plat of Survey of Centre Grove Plat 3 be approved subject to waiving lot frontage requirement for Lot 1. The plat is in all other respects in compliance with the Unified Development Code. Attachments Prepared by: LauraCarstens,CityPlanner Address: CityHaI1,50W.13thSt Telephone: 589 -4210 Return to: KevinFirnstahl,CitvClerk Address: CityHal1- 50W.13— "St Telephone: 589 -4121 RESOLUTION NO. 5 -14 RESOLUTION APPROVING THE PLAT OF SURVEY CENTRE GROVE PLAT 3 IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Centre Grove Plat 3 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or approved private street, where street frontage is required by Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1. Section 2. That the Plat of Survey Centre Grove Plat 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Attest: Kevin $'Fi nstahl, City Cle Passed, approved and adopted this 21st day of J uary, 2014. Roy D. Buol, Mayor Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org Jason Breithaupt c/o Cheryl Kalb 13751 Barrington Dr Dubuque IA 52003 Dubuque bald 'AI medcaCity 111' 2007.2012 •2013 RE: City Council Consideration of Plat — Centre Grove Plat 3 THE CITY OF Dut3 Masterpiece on the Mississippi November 7, 2013 Dear Applicant: The City Council will consider your request to plat property located at 3338 Center Grove Road at a public meeting on Tuesday, January 21, 2014. The plat is on the agenda as a Consent Item. Consent Items are placed at the beginning of the meeting and are voted on with a single motion by the City Council. Consent Items are not voted on separately unless requested by a Council member. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner cc: VKevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork