Request to Rezone 1060 Edina Street (Long & Reeg)_Third ReadingPlanning 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
Dubuque
Algmer WOW
ii Lr
hV2•NI2•VII
THE CITY OF L
DUB
E
Masterpiece on the Mississippi
January 14, 2014
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Applicant: John & Angie Long and Ron & Denise Reeg
Location: 1060 Edina
Description: To rezone property from R -1 Single- Family Residential to R -2 Two - Family
Residential zoning district.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The
application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request, noting they would like to rezone both the existing
duplex and the adjacent vacant parcel.
Staff reviewed the staff report, noting the legal non - conforming status of the lot with the existing
duplex. Staff reviewed the surrounding zoning and land use, and availability of off- street
parking. Staff reviewed the location of existing duplexes and rental licenses in the
neighborhood.
There were no public comments. A letter of opposition was received and filed by the
Commission, stating concerns about on- street parking, traffic, property maintenance, and
tenants' behavior.
The Zoning Advisory Commission discussed the request, indicating that concerns regarding off -
street parking have been addressed.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
V`--
Patrick Norton, Chairperson
Zoning Advisory Commission
cc: Alvin Nash, Housing & Community Development Director
Service People Integrity Responsibility Innovation Teamwork
THE CITY OE
DUB
Masterpiece on the Mississippi
DVariance
❑Conditional Use Permit
DAppeal
❑Special Exception
❑ imited Setback Waiver
ezoning /PUD /ID
Dubuque
E
riff)
,VII
2012
PLANNING APPLICATION FORM
❑Preliminary Plat
['Major Final Plat
❑Minor Final Plat
❑Simple Site Plan
❑Minor Site Plan
❑Major Site Plan
Please type or print legibly in ink
Property owner(s):. / aiiA/ /4/N6WE LONA
['Simple Subdivision
DText Amendment
❑Temporary Use Permit
DAnnexation
['Historic Revolving Loan
❑Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563 -589 -4210
Fax: 563 -589 -4221
planning@ citvofdubuque.orq
DCertificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non - Viability
❑Historic Designation
❑Demolition in Conservation Districts
❑Port of Dubuque Design Review
V- Rom, DEMISE Ree6 Phone: 563 -995. do9I
Address: 36787 AVER pOIUT€ CT• City: BELLGVUli
Cell #: 563 -995 07091 E -mail: JCLIDncie? /ocuec-i-e)ecoin vnet
State: TA Zip: 5 2O ✓3 /
Fax #:
Applicant /Agent: Phone:
Address: City:
Fax #: Cell #: E -mail:
Site location /address: /060 ED/HM DUeciaUe ,TA. Neighborhood Association:
Existing zoning: Proposed zoning: District: Landmark: ❑ Yes ❑ No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): WOM t D Ll k E TO AS K
FOR Ri7ONlN6 F,om Ri TO RA
State: Zip:
CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Date: /.5 070/3
Applicant /Agent: Date:
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee: t'+' 1• Received by:
'ZS rt/rluoiers
Date: 7/' 5 y Docket:
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Base Data Provided by Dubuque County GIS Path: H :\Planning Services \EVB\ArcGISMaps \Vicinity Map_1060Edina.mxd
Masterpiece on the Mississippi
Applicants:
Location:
Vicinity Map
John &Angie Long; &
Ron & Denise Reeg
Dubuque
WOW
111-Ammice
111111!
2007.=12.2013
1060 Edina
Parcel: 10 -23- 477 -006 &
10 -23- 477 -007
Description: To rezone from R -1, Single
Family Residential zoning
district, to R -2, Two - Family
Residential zoning district.
Legend
1060 Edina
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 partidpating agencies utilized the most current
and accurate information available. DAGIS and its supplers do
not warrant the accu'acy or mammy of the Infommllon or data
contained herein. The City and participating agencies shall not
be hell table for any direct, indirect. Incidental. consequential,
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
breech of warranty whatsoever.
1:3,000 NORTH
REZONING STAFF REPORT Zoning Agenda: January 8, 2014
Property Address: 1060 Edina Street Parcel #10 -23- 477 -006 & 007
Property Owner: John and Angie Long / Ron and Denise Reeg
Applicant: Same
Proposed Land Use: Residential Proposed Zoning: -- R -2
Existing Land Use: ResidentialNacant Existing Zoning: -- R -1
Adjacent Land Use: North — Residential Adjacent Zoning: North — R -1
East — Residential East — R -1
South — Residential South — R -1
West — Residential West — R -1
Former Zoning:
1934 — Single- Family
1975 — R -2
1985 — R -1
Total Area: 14,000 sq. ft.
Property History: The property was originally subdivided c. 1860 as part of the Leven's
Addition. A house was built in at this location in1881. Subsequently the original house
was demolished and a new home built in 1933. Records indicate that the lot adjacent
to the house has always been vacant.
Physical Characteristics: The property consists of two lots — one which accommodates
a two -story duplex and the other that is vacant. The lots total approximately 14,000
square feet in area and are relatively level. There is a two -car detached garage on the
lot with the house and the vacant lot has a paved five -space paved parking area. Both
the garage and parking area are accessed from an alley located behind the lots.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to be mixed -used residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: There are no traffic counts available for Edina Street at
this location. Rezoning both parcels and developing a second duplex on the
vacant lot should have very limited impact on the overall traffic in this
neighborhood.
Public Services: Existing public services are adequate to serve the property.
Rezoning Staff Report ® 1060 Edina Street Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during
development.
Adjacent Properties: The rezoning will enable to applicant to build an additional
duplex on the vacant lot on Edina Street. The residences along Edina Street are
primarily single - family homes, however, there are a couple of legally non-
conforming duplexes in the neighborhood. The addition of two units at this location
on a relatively large lot with more than the required off - street parking will have little
overall impact on the density, traffic, or demand for parking in the neighborhood.
Required parking for both duplexes would be more than satisfied with the five
paved off - street parking spaces on the vacant lot and the two car garage located
behind the house. Therefore, if the rezoning was to be approved and the duplex
were to be built on the vacant lot, the impact on the adjacent properties should be
relatively limited.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone two abutting lots located in an R-
1 Single - Family Residential zoning district on Edina Street. One of the lots currently
accommodates a legally non - conforming duplex with a two -car garage. The other lot is
vacant and has five paved off - street parking spaces accessed from the alley behind the
property.
The property was zoned R -1 Single - Family Residential district between 1975 and 1985
when it was rezoned to R -2 Two - Family Residential district. During that time, a number
of houses in the area were converted to duplexes. After the subject property was
rezoned in 1985, the duplex on the subject lot and the other duplexes in the
neighborhood on both Alta Vista and Vernon Streets became legally non - conforming.
The applicants have purchased both properties with the intent of building a second
duplex on the vacant lot. Rezoning will make the existing duplex legally- conforming.
The addition of a second duplex, should have very limited impact on the overall density,
traffic generation, and demand on parking for the neighborhood.
Staff recommends the Commission review Article 9.5 of the Unified Development Code
regarding property reclassification.
Prepared by: '.Al �J Reviewed: V y
Date: /2.1t7. /3
Section 2 -Land Use Regulations Article 5: Zoning Districts
Single - family
detached dwelling
Two - family
dwelling
Bed and
breakfast home
Wind energy
conversion system
5 -3 R -2 Two - Family Residential
The R -2 District is intended to provide residential areas characterized by single- family
and two- family dwellings. Increased densities and the introduction of two- family hous-
ing types are intended to provide greater housing options while maintaining the basic
qualities of a low density residential neighborhood. The principal use of land in this dis-
trict is for low density single- and two - family dwellings and related recreational, reli-
gious and educational facilities.
5 -3.1 Principal Permitted Uses
The following uses are permitted in the R -2 District:
1. Cemetery, mausoleum, or columbarium
2. Place of religious exercise or assembly
3. Public or private park, golf course, or similar natural recreation area
4. Public, private, or parochial school, approved by the State of Iowa (K -12)
5. Railroad or public or quasi - public utility, including substation
6. Single - family detached dwelling
7. Townhouse (maximum two dwelling units)
8. Two - family dwelling (duplex)
5 -3.2 Conditional Uses
The following conditional uses may be permitted in the R -2 District, subject to the provi-
sions of Section 8 -5:
1. Bed and breakfast home
2. Hospice
3. Licensed adult day services
4. Licensed child care center
5. Keeping of hens
6. Mortuary, funeral home, or crematorium
7. Off street parking
8. Tour home
9. Tourist home
10. Wind energy conversion system
5 -3.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Detached garage
2. Fence
3. Garage sale; no more than three per calendar year or three consecutive days per sale
4. Home -based business
5. Noncommercial garden, greenhouse or nursery
6. Off street parking and storage of vehicles
7. Satellite receiving dish
8. Solar collector
9. Sport, recreation, or outdoor cooking equipment
10. Storage building
11. Tennis court, swimming pool or similar permanent facility
12. Wind turbine (building- mounted)
5 -3.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
11IECRY OF C
Dus
Section 2 —Land Use Regulations
Article 5: Zoning Districts
5 -3.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5 -3.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -3.7
Bulk Regulations
R -2 Residential
Permitted Uses
Min Lot
Area
(square
feet)
Min Lot Max Lot
Frontage Coverage
(/ tot
Setbacks
Front (feet)
Min Side Min Rear
(feet) area) Min Max (feet) (feet)
Max
Height
(feet)
Place of religious exercise or
assembly, School
20,000
100
40
20
20
20
75 1
Single- family detached dwelling
5,000
50
40
20
50
Townhouse (two du max)
3,000 /du
25 /du
40
20
50
•
6
20
30
6/0
20/0
30
Two - family dwelling
6,000
50
40
20
50
6
20
30
Conditional Uses
Bed and breakfast home
5,000
50
40
20
50
6
20
30
Hospice
5,000
50
40
20
6
20
30
Licensed adult day services,
Licensed child care center
5,000
50
40
20
6
20
30
Mortuary, funeral home, or
crematorium
20,000
100
40
20
20
20
30
1 Maybe erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of
yard space on all sides for each additional foot by which such building exceeds the maximum height limitofthe district in
which it is located.
* See Section 3 -17 for adjustment of minimum front yard setbacks.
Property Linen
—Lot: Width
s
L
Lot
Area
h Lot f=rontage
Street
,� I Required Rear
'`z Setback_
Buildable Area
al
4)
Required
Setback
-_l
-r...7
Hetght — Midpoint
i
Shed Roof
} Midpoint
Height
i
Gable or Hip Roof
IDeckline
Height
1
Mansard or Gambrel Roof
T Highest Level
Height
A,
Flat Roof
1770
0
1730
1043
1047
1700
1680 Rental
105
6)
1059
1063
1635
1605
Rent)
;7)
1585 D
16 R3ital
153
1525
Prepared bv: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 15 -14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1060 EDINA FROM R -1
SINGLE - FAMILY RESIDENTIAL DISTRICT TO R -2 TWO- FAMILY RESIDENTIAL
DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter - described
property from R -1 Single - Family Residential District to R -2 Two - Family Residential
District, to wit:
Lot 48 and Lot 49 Leven's Addition, and to the centerline of the adjoining public
right -of -way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 17th day of Febr}fary, 2014.
Attest:
1.� /�f
Key S. Firnst I, ' y Clerk
I
Roy D. Buol ayor
OFFICIAL
PUBLICATION
ORDINANCE NO. 15-14
AN ORDINANCE
AMENDING 'TITLE 16
OF THE CITY OF DU-
BUQUE CODE OF. OR-
DINANCES, ` 'UN'IFIED
DEVELOPMENT
CODE, BY
ECL SN-
SIFYItNG ,.
AFTER i; DESCRIBED
PROPERTY LOCATED.
AT 1060 EDINA FROM
R-1 SINGLE-FAMILY
RESIDENTIAL DIS-
TRICT TO R-2 TWO-
FAMILY RESIDENTIAL
DISTRICT
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10-
WA:
Section 1. That Title
16 of the City of Dubu-
que Code of Ordinan-
ces, the Unified Devel-
opment Code, is here-
by amended by
reclassifying .the here-
inafter -described prop-
erty from R-1 Single -
Family Residential Dis-
trict to R-2 Two -Family
Residential District,., to
wit:
Lot 48 and Lot -49
Leven's Addition," and
to the centerline of the
adjoining public right-
of-way, all in the City
of Dubuque, Iowa
Section 2. That the
foregoing amendment
has heretofore been
reviewed by the Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. This Ordi-
nance shall take effect
immediately upon pub-
lication, as provided by
law.
Passed, approved and
adopted this 17th day
of February, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in.
the Telegraph Herald
Newspaper on the 21st
day of February 2014.
/s/Kevin S. Firnstahl,
cityClerlf
1t 2/21
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 21, 2014, and for which the charge is $14.62.
Pcle
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this j/,a, day o£„� , 20 /7,
-
Notary Public in and for Du
MARY K. WESTERMEYER
Commission Number 154885
"V Comm. Exp. FEB. 1, 2017
uque County, Iowa.
January 6, 2014
Mark and Deanna Boardman
1059 Edina Street
Dubuque, Iowa 52001
563- 451 -6697
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001 -4805
ITECEIIVE
JAN -6 2014
OF DUBE
PLANNING I SERVICES DOEPARTMENT
Dear Zoning Advisory Commission:
This is in regards to the rezoning of 1060 Edina, Parcel: 10 -23- 477 -006 & 10 -23- 447 -007. We live across
the street from this address at 1059 Edina and do not want the rezoning approved. My husband's family
has lived here for probably over 100 years. First his grandparents, then his parents and now us. In that
time as the other surrounding families grew older and moved away the house have been bought up and
then rented out to college students.
Also 1060 Edina has been renting to multifamily for at least 10 years already and in that time parking,
finding beer cans and bottles in our yard and the noise level has gone up. It is not only the parking of
the people who move in, it is the friends and girl /boyfriends who decided to live there also who park on
the street. Add this to the college students who park here to go to school and we have a mess. We
cannot get the street blocked for this because the majority of the houses have college students in them.
So the houses that are now being rented out to college students are the house on the left side of 1060
Edina if looking at the house, skip the house next to it on the right then go to the following house and
that is being rented out also and usually have 3 -5 cars parked if fronted of it if not parked in front of our
house. The house right next to ours 1063 Edina is also rented out to more than one college student at a
time. Currently there is no one living there but we think someone has moved in for the beginning of
next semester.
We have a hard time getting in and out of driveway with the way they park across the street and again
add that to all the students who do not live here using our street to park on and the snow and we have
had to call the police to have people towed or had to wait until they left so we could. We have had
problems with a tree from the neighbors growing over our deck and have no idea who to contact
because they do not live there. My husband is a truck driver and I am here by myself a lot. I do not feel
as if I can go to students and ask them to move vehicles (that is if I can figure out what house they
belong to) or anything else you would normally work out with neighbors.
Though '1060 Edina has off street parking in the back it is very seldom that they use it if at all. With all of
this what does it do to our property values? My husband and I are in our 50s now and we cannot afford
to move because someone else bought the surrounding properties knowing it was single family and now
wants to change it? We did not move into the neighborhood they did. We have had inhabitants of the
houses hitting golf balls into our yards, empty beer cans /bottles found in yard and street, people
screaming and wanting to jump of porch roofs, parking right to edge of driveways and across from
driveways, people trying to get into our house thinking the party was here, yards not being kept up on
grassing cutting and shoveling and just basically being nuisances.
Are we going to be forced out of our home that my husband grew up in because the Planning Services
Department may allow the changes? We think families our not moving into these homes because there
are already multifamily houses already that we have not received rezoning for. The house next to 1060
Edina did not even go up for sale that would could see because we heard that someone bought it up
before a for sale sign went up so someone must be watching for the properties and making them into
multifamily or basically houses for the college students to rent. I can say that because you see them
moving in August and out again in May.
Please do not put us into a situation that may take everything away that we have if FORCED to move out
of our home because someone else is trying to make a buck off of the college students.
Sincerely,
Mark and Deanna Boardman