Ansel rezoningRockdale Rd.MEMORANDUM
January 16, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rezoning Request of Dennis and' Lori Ansel - 2001 Rockdale Road
At the October 16, 2000 City Council meeting, Council Members tabled the rezoning
request of Dennis and Lori Ansel of 2001 Rockdale Road, and recommended that the
Ansels meet with the Malones (the adjacent property owners) and address outstanding
issues through the Dispute Resolution Center. Council members stated that if an
agreement was reached, the Ansels' public hearing should be reopened. Subsequently,
the Ansels and Malones met and have reached an agreement regarding a joint access
easement and vehicle parking between their properties. Also, the Ansels have decided
to reduce the area requested to be rezoned, and have created a 55-foot buffer on the
south and west sides of their property, and have moved the northern boundary
approximately 120 feet south so as not to rezone behind the adjacent residence at 1991
Rockdale Road.
Planning Services Manager Laura Carstens is bringing this information back to the City
Council for further consideration.
Michhael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 28, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Rezoning request of Dennis and Lori Ansel, 2001 Rockdale Road
INTRODUCTION.
This memo provides an update to the rezoning request of Dennis and Lori Ansel, which
was tabled by the City Council, to allow the applicants and their neighbors to resolve
their disputes.
COMMISSION ACTION
At the original Zoning Advisory Commission meeting in October 2000, the applicants
spoke in favor of their request, noting that a rezoning will allow them to store customer
vehicles that are towed to the shop. Mr. Ansel indicated that he was willing to screen
vehicles so that the neighboring property owners cannot see them. Staff reviewed the
enforcement history, the surrounding land use and zoning, and conditions applied to the
property when the Zoning Board of Adjustment approved a conditional use permit.
Two people spoke in favor of the request at the Commission's public hearing. Owners
of the adjacent property spoke in opposition to the request, citing concerns regarding
the long list of permitted uses in the CS District, incompatibility of vehicle storage with
the single-family homes in the neighborhood, and issues regarding a shared driveway.
A letter of support and letter of opposition were filed with the Commission as well.
The Zoning Advisory Commission discussed the request, noting that there are single-
family homes on either side and the rear of the subject property and that while CS
zoning is applied to property across Rockdale Road, CS zoning is not appropriate at
this location. At that time, by a vote of 6-0, the Zoning Advisory Commission
recommended that the City Council deny the request.
RECOMMENDATION
Corporation Counsel Barry Lindahl has advised that because the rezoning request was
heard at a public hearing and was tabled, the public hearing could be reopened by the
City Council at a future meeting. He stated that the City is not obligated to renotify the
neighbors, but he recommended renotiflcation.
Rezoning Request of Dennis and Lori Ansel
December 28, 2001
Page 2
After dispute resolution between the Malones and the Ansels was concluded, and after
discussions with City Planning staff regarding the concerns of adjacent property
owners, the Ansels have decided to reduce the area requested to be rezoned. The
attached map indicates the reduced area, and illustrates that the Ansels have created a
55-foot buffer on the south and west sides of their property, and have moved the
northern boundary approximately 120 feet south so as to not rezone behind the
adjacent residence at 1991 Rockdale Road.
COUNCIL ACTION
At the October 16, 2000 City Council meeting, Council members tabled the request and
recommended that the Ansels meet with the Malone's (the adjacent property owners)
and address outstanding issues through the Dispute Resolution Center. Council
members stated that if an agreement was reached, the Ansels public hearing should be
reopened. Subsequently, the Ansels and Malones met and have reached an
agreement regarding a joint access easement and vehicle parking between their
properties.
LC/mkr
Attachments
CC:
Eugene Bird, Jr., Zoning Advisory Commission Chairperson
Dennis and Lori Ansel
Michael and Michelle Malone
Malone
Property
A~sel Rezoning Request
2001 Rockdale Road
Ansel Property ~'~
-%
Proposed Rezoning
55'
198~
02033
55' Buffer
5O
100, Feet
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 30, 2000
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rezoning request of Dennis and Lori Ansel 2001 Rockdale Road
There appears to be progress in the mediation of the Ansel dispute with the neighbors in the
Ansel Rezoning case. Therefore, we are nor yet ready to put this hearing back on the Agenda.
Michael C. Van Milligen
MCVM/jh
Attachment
cc:Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 30, 2000
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
SUBJECT: Rezoning Request of Dennis and Betty Ansel, 2001 Rockdale Road
This memo provides a status report on the rezoning request of Dennis and Betty AnseL They own
Ansers Auto Service, 2001 Rockdale Road. This business is an enforcement case in which the
Ansels have sought rezoning to CS Commercial Service to bdng their business into compliance.
At their October 16, 2000, public headng, the City Council tabled this rezoning request, and
recommended that the Ansels mediate with their neighbors, the Matones, to try to resolve their
issues with the rezoning request. At the City Council's direction, I referred the Ansels to the
Dubuque Dispute Resolution Center (DDRC) to initiate mediation themselves. The Ansels were
asked to make progress in 30 days in resolving this dispute, or their request would be placed back
on the City Council's agenda for a vote.
I designated Sue Brennan as the Department contact for this case with the Ansels and the
Maienes: Sue has maintained contact with the Ansels and the Human Rights Department
regarding the mediation process. She noted that the Ansels contacted the DDRC in October, but
as is often the case with the DDRC, it takes some time to find a mediator.
tn the afternoon on November 28, the mediator met with Guy Hemenway about the zoning issues.
On the evening of November 28, the Ansels and the Malones mediated their dispute.
Sue talked with the Human Rights Department on November 29 and November 30, who reported
that the easement issue has been resolved, which is a positive step. They also reported that
everyone agreed to meet again, after Mr. Ansel draws up another plan to revisit the zoning issues.
Sue also talked with Mr. Ansel on November 29 and November 30, and said he felt that the
mediation was productive. Mr. Ansel would like to meet next week with Guy about the zoning
issues, so that he can develop a plan to review with the Malones and another neighbor. He
indicated that he wants to do what is acceptable to everyone. He agreed to discuss his options
privately with his neighbors before this case goes back to the City Council.
The Ansels ara making progress, and would like the time and opportunity to meet again with their
neighbors before rescheduling this rezoning request on the City Council's agenda.
If you have any questions, please let me know.
cc -~n Brennan, Zoning Enforcement Officer
Guy Hemenway, Assistant Planner
Planning Services Department
50 West 13th Street
Dubuque, Iowa 520014864
Phone (319) 5894210
Fax (319) 5894221
October 11, 2000
The Honorble Mayor and City Council Members
City of Dubuque
City Hall 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant: Dennis and Lori Ansel
Location: 2001 Rochdale Road
Description: To rezone property from C1 Neighborhood Commercial Distdct and R-1 Single-Family.
Residential District to CS Commercial Service and Wholesale 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 that request will allow him to store customer
vehicles that he tows to his shop. Mr. Ansel indicated he was willing to screen vehicles so that
neighboring properh/owners can't see the vehicles. Staff reviewed enforcement history, surrounding
land use and zoning, and conditions applied to the property when a conditiona[ use permit was
approved by the Zoning Board of Adjustment.
Two people spoke in favor of the request. Owners of two adjacent properties spoke in opposition to
the request, c~dng concerns regarding the long list of permitted uses in the CS District, incompatibility
of vehicle storage with the single-family homes in the neighborhood, and issues regarding a shared
driveway. A letter in support and a letter in opposition were filed with the Commission as well.
The Zoning Advisory Commission discussed the request noting that there are single-family homes on
either side and to the rear of the subject property and that while CS zoning is applied to property
across Rockdale Road, CS zoning is not appropriate in this location.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the
request.
A Super majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Caretens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2001 ROCKDALE
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT AND C-1
NEIGHBORHOOD COMMERCIAL DISTRICT TO CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT
NO.W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District and C-1 Neighborhood Commercial District
to CS Commercial Service and Wholesale District, as shown in Exhibit A, and to the
center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of
,2000
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
F:\USERS\M ELINDA\WP\CQUNCIL~O R D~2001 ROCK, ORD
EXHIBIT
Proposed area to be rezoned
gisproj\planning\kay\ansel.apr
City of Dubuque
Planning Services Depar'ument
Dubuque IA 52001--4864
Phone: 319-589-4210
Fax: 319-5894149
[] Variance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
/~ Rezoning
[] Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
r~ Certificate of Economic Hardship
n Other:
Address: 420 Valeria
Fax Number:
Applicant/Agent:
Address:
Fax Number:
Site location/address:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): Dennis W. Ansel and Lori J. Ansel
City: Dubuqu~
Mobile/Cellular Number:
Phone: (319)588-1370
State: IA Zip: 52001
Phone:
State: __ Zip:
City:
Mobile/Cellular Number:
2001 Rockdale Road. Duhueue. IA 52003
Ex[sting zoning: residenti~oposed zoning:Commercia]Historic district:
Legal description (Sidwell Parcel ID number or lot number/block number/subdivision):
Place in Table Mou~d Township, Dubuque County, Iowa
Total property (lot) area (square feet or acres): 2. 295 Acres . Number of lots:
Describe proposal and reason necessary (attach a.?tter of explanation, if ed): (see attached)
Landmark:
Lot 2 of Colonial
CERTIFICATION: l/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
'Property Owner(s): ~-¢*¢~m ~- J~- Date: /7. ~/.¢/~
Applicant/Agent: Date:
~ FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee:'Z~--~,'''¢'~ Received by: ~-I_~? -~¢_~.{¢:,,~,_fl Date: ~/1~3/~42) Docke~:
[] Property ownership list ~-~ite/sketch plan [] Floo? plan [] Plat [] Conceptual development plan
[] Improvement plans [] Design review project description [] Photo [] Other: L~2~,2" _
July 3 I, 2000
Ci.ty of Dubuque
Planning Services Deparlanent
Dubuque, IA 52001-4864
To Whom It May Concem:
We are requesting to rezone the property, directly behind the C-l commercial building at 2001 Rockdale
Road for the use of parking of customer cars that will be or have been repaired at our repair shop. And also
the parking of personal vehicles used for business.
We have been located at this location for over 15 yekrs and have had no problems with operating our
business and parking vehicles on the said property until January' 1999 when complaints fi.om an unknown
source started to occur. The vehicles parked behind the commercial building can not be seen fi.om the
street in fi'ont of the building. The only way of seeing these parked vehicles is driving up a private roadway
along side the building that only one other family has an easement to drive on.
This is a family small business and in order for us to continue operating as a towing and repair shop it is
much needed for us to have the property rezoned for commercial use.
We were una~vare ora Conditional use permit that was issued for this property in 1981 until complaints
were made and we received a letter fi.om the City of Dubuque in January, 1999.
We would be wilIing to build a storage building or install a privacy fence to enclose some of the parking
area. If there is any fi~rther questions that I can answer for you please contaat me at (319) 588-1370.
Thank you.
Sincerely,
Dennis W. Ansel
[~0. 0°
FIL£~n FOR RECORD
DUBUQUE.
I.P. :~ IRON PIPE
SCALE I~" I00'
CURVE DATA
P,I.: 6~ + 03.4
P,C.= 6.4+ ~.8
P.T.= 70+
"~ = 4P'" 03'
0= 7'RT.
T. =
I'OW'N~ HIP~
COL~'I~,, IOWA.
REZONING STAFF REPORT Zoning Agenda: October 4, 2000
Property Address:
Property Owner:
Applicant:
2001 Rockdate Road
Dennis and Lori Ansel
Dennis and Lori Ansel
Proposed Land Use: Auto Repair
Proposed Zoning: CS
Existing Land Use: Auto Repair
Existing Zoning: R-l/C-1
Adjacent Land Use:
North, South, East and
West - Residential
Northeast - Commercial
Adjacent Zoning: North,
South, East and West - R-1
Northeast - CS
Former Zoning: 1934 -County; 1975 - County; 1985 - C-1
Total Area: 1 acre
Property History: The subject property is approximately one-acre of a two-acre parcel
along Rockdale Road that was annexed to the City in 1979. At the time of annexation,
there was an existing small (1,800 sq. ft.) business building at the property's eastern
boundary directly adjacent to Rockdale Road. Immediately after annexation, the property
was rezoned to R-1 Single-Family Residential and then.to C-1 Neighborhood Commercial,
At the time of annexation, the business was a construction contractor's shop,
in 1982, the property owner applied for a conditional use permit to change from one non-
conforming use to another, to allow an auto body and glass shop in a C-1 District. The
Zoning Board of Adjustment approved the conditional use permit with the conditions that: 1)
the hours of operation be limited from 7:30 a.m. to 7:30 p.m.; 2) that no outside storage be
permitted; 3) that no vehicles be left in front of the building for more than one night; and 4)
that the parking lot be striped and constructed to City standards. Subsequently, the
property was purchased by the current owner and converted from auto glass installation to
auto body repair.
On January 26,1999, the business owner was issued a notice of violation for storage of
equipment, vehicles and materials outside of the building on the lot in violation of the
conditional use permit. The storage also sprawled beyond the C-1 zoning district boundary
line onto the portion of th~ property that is zoned R-1 Single-Family Residential. The
Planning Services Department has stayed further enforcement action until dispensation of
the applicant's request for a rezoning to make auto repair, including the outside storage, a
permitted use.
Physical Characteristics: The property consists of an approximately one-acm portion of a
two-acre parcel that has multiple zoning. There is an existing small 1,800 square foot
business building which is zoned C-1 Neighborhood Commercial zoning district. The bulk
of the property is zoned R-1. The property slopes steeply uphill from Rockdale Road
directly behind the auto repair shop. There is a single-family residence directly north of the
subject property. There is another single-family residence west of the subject property that
has an access easement along an existing driveway through the subject property:
REZONING STAFF REPORT
Page 2
Conc~trrence ,with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Rockdale Road is a collector street. Traffic volumes from the
1993 IDOT traffic study show 2770 vehicle trips on Rockdale Road north of the
intersection of Old Mill Road, which carries traffic volumes of 2950 vehicle trips. This
intersection is approximately 650' north of the subject property.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided and storm water is adequately handled
as part of the site plan review process.
Adjacent Properties: The subject parcel is partially screened from adjacent residential
property; however, one residence is directly adjacent to the auto repair shop and
another residential property's access easement runs alongside the shop and past the
outdoor storage area,
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an existing non-conforming auto
repair shop from C-1 Neighborhood Commercial zoning district and R-1 Single-Family
Residential zoning district to CS Commercial Service zoning district. The property is
located in a mixed-use area with several businesses along Rockdale Road, but is primarily
surrounded by residential properties. There is a property located across Rockdale Road
and to the north of the subject property that was rezoned from C-1 to CS in 1997 to permit
expansion of a similar non-conforming auto repair shop.
Rockdale Road has no curb and gutter and is paved to a width of 20 feet along the subject
property. There is, therefore, unlimited access to Rockdale Road from vehicles parked
along the front of the auto repair shop. It appears that vehictes parked in front of the auto
repair shop are located partially on public right-of-way.
Staff recommend that the Commission review Section 6-1.1 of the City of Dubuque Zoning
Ordinance regarding zoning reclassifications.
Prepared by: ~ Reviewed:
N
Proposed area to be rezoned
R-1
Applicant: Dennis and Lori
Ansel
Location: 2001 Rockdale Road
Description: To rezone property
from C-1 Neighborhood Com-
mercial District and R-1 Single-
Family Residential District to
CS Commercial Service
and Wholesale District.
Dtlbuqtle, lot~,a 52l~.H--iS~4
NOTICE OF VIOLATION
January 26, 1999
Mr, Dennis Ansel
2001 Rockdale Road
Dubuque, IA 52003
Dear M-r. Anseh
The City Assessor's records indicate that you are the owner of the property 2001
Rockdale Road. The property currently is zoned C-1 Neighborhood Commercial District
[Section 3-3.1] and R-1 Single-Family Residential District [Section 3-1.1]. Auto
service/repair/body shop is not a permitted use in an R-1 Single-Family Residential
zoning district and specifically is pro'hibited in an C-1 Neighborhood Commercial
District [Section 3-3.1(C)(1)]. When you located the business at 2001 Rockdale
Road in 1981, the property was zoned R-1 Single-Family Residential District.
Because ~n auto body shop was not allowed in an R-1 district at the time you located
your business there, it was necessary for you to obtain a Conditional Use Permit from
the Zoning Board of Adjustment. Your business was issued a Conditional Use Permit
to operate as an auto body and glass shop on August 20, 1981. A copy of the
minutes of this meeting is attached.
One of the conditions of the conditional use permit specifically states that .... "no
outside storage" ...is allowed.
The Planning Services Department has received a complaint that vehicles, junk and
salvage have been placed on your lot in violation of the condition outlined above. A
site inspection on January 19, 1999, and a series of aerial photographs of your
property indicate that this is the case. An aerial photo of the property is included with
this letter.
2001 Rockdale Road
Page 2
To reach compliance with the condition listed in the Conditional Use Permit issued on
August 20, 1981, you must remove all the stored vehicles, junk and salvage from your
property and discontinue using your lot for illegal storage. Failure to comply with this
Order within 30 days of receipt of this notice will resutt in the issuance of a Citation,
court Costs and.a fine without any additional warning or correspondence. The
minimum fine is 9250.00 per day for each day the violation continues to exist.
If you have any questions regarding this letter, please contact me at 589-4210.
Sincerely,
Guy Hemenway
Assistant Planner
cc Susan Brennan, ZOning Enforcement Officer
GH/dd
~ .pt~lbe~ 2g,2000'
Dubuque Courtly ~ of Zoning
.- Ms. Aunt' O'Shea'
DUbu~e ~uu~ Courthouse
Dubuque, Iowa.
~O0r:.-,i - · '=' "~' ' -
I nm wring this le~ lo exp~ss my support
Sincer, ty ~ .-
'..-..- .~.~ ~-.~.... -.
Shirley l~ng, formerlY"of~751 Ma~:ey Stali~n
· Now a resident oi~ 1225 Rlmmberg A~e
CITY OF' DUBU~QUE
LAW O~'IylCES OF
REYNOLDS & KENLINE, L.L.P,
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIg-M 3. MAIE. RS
CHADV~ffN D. COX*
MARK 3. SULLIVAN
IEFFREY L. WALTERS
PAUL~. M. STHNLUND**
SENNIPER A. CLEMENS
JOHN T. NEMMEP. S
TODD N. KLAPATAUSKAS
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-MaiI:rkentiae@mwci.ne£
January 19, 1999
~ames A. Trannel, Esq.
Hughes and Trannel, P.C.
1154 Iowa Street
Dubuque, IA 52001
P.E: Ansel/Malone
Dear Mr. Trannel:
I have spoken with the Ansels regarding your January 12, 1999
correspondence. My clients have taken every step available to them
to insure that the 18 foot wide easement for a road allowing
ingress and egress to the Malone property has been available to the
Malones. My clients have placed "no parking" signs along the
roadway and reminded customers on a regular basis that the roadway
is not to be used for parking purposes. At a maximum, your clients
have been inconvenienced for a short period of time on just a few
occasions. While my clients will continue to do what they can to
insure the availability of the easement to your clients, we would
appreciate some cooperation from the Ma!ones as well.
One of my clients' primary concerns is that with the increased
traffic along the easement/roadway, the safety of the Malone~ and
of the Ansels' customers is of the utmost importance. My clients
are investigating the possibility of installing a few speed bumps
along the roadway, as well as a stop sign at the intersection of
the easement/roadway and the intersecting roadway. As I am sure
your clients are also concerned about the safety of those utilizing
this road, we do not anticipate that they would have any objections
or concerns. We will provide your clients advance notice of the
road work to be performed so as to minimize any inconvenience to
them. It is my understanding that there is another road access to
their farm which perhaps your clients could use on a temporary
basis during that time period.
Ja~es A. Trannel,
January 19, 1999
Page 2
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
Esq.
I also would ask that you seek your clients' cooperation with
regard to snow removal in that area. It would be appreciated if
the Malones could plow snow to the opposite side of the road, away
from the parking lot. There have been some occasions when the
parking lot has been plowed shut by Mr. Malone and perhaps if he is
aware of that problem, he can assist in insuring that it does not
happen again.
Please be aware that my clients certainly understand their
obligation with an easement and have taken all reasonable steps in
drder to not interfere with the Malones' privileges. However, some
cooperation from both sides will be required in order for this
relationship to be successful. Perhaps if our clients are unable
to work out their differences in the future, we could sit down and
discuss some particulars to remedy their concerns.
Sincerely,
JAC:jms
cc: Dennis and Betty Angel
Jennifer A.
Clemens
LEO A. McCARTHy
DAV]I) L. CLEMENS
W'~ ~ I~M $. MA/ERS
CHADW~'N D. COX*
MARK J. SULLIVAN
~EY I~ WALTERS
PAULA M. ST~NLLrND
JEqNI~HR A. CL~M~'~S
JOHN T. NF~eLMF_RS
TODD N. KLAPATAUSKAS
LAW O['FICES OF
REYNOLDS & KF NLINE, L.L.P.
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004--0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail :rkenllne@mwci.net
January 19, 1999
Dennis and Betty Ansel
Ansel's Auto Service
2001 Rockdale Road
Dubuque, IA 52003
RE: Malone/Ansel
Dear Dennis and Betty:
The abstract, as well as the original of the letter from Jim
Trannel, is available at the front desk of my office for you to
pick up.
I am attempting to obtain an enlarged version of your plat
from the Recorder's Office to help us discern the exact location of
the easement. Once I do obtain that enlargement, I will forward it
to you and .I would recommend that we look at your property lines
and determine the exact location where the easement is located.
/ /'///'
FAX PJO 1319) 557-
Attorney Jennifer Clemens
222 Fischer Building
Dubuque, IA 5200 l
HUGHES & TRANNEL, P.C.
ATTORNEYS AT LAW
1154 IOWA STREb--F
DUBUQUE, IOWA 520~1-48~ 8
January 27, 1999
TELEPHONE (319) 557-7360
RE: Anset/Malone
Dear Jennifer:
Thank you for your letter of January 19, 1999. I reviewed its contents with my
clients. They would like me to make known their strong objections to the placement of
speed bumps over the easement that they have been granted. The Malones believe that
Mr. Ansel's concern over speed is totally unfounded and to place speed bumps on the
easement ,,v0~ald interfere with their free right of ingress and egress.
Beyond that, Mr. & Mrs. Malone are pleased that Mr. Ansel is willing to do what
he can to "insure tile availability" of the easement to my clients. As your letter
acknowledges, Mr. Ansel has placed "no parking" signs along the roadway. He has also
positioned railroad ties along tile roadway. Until tile weather improves, we can not be
certain, but there is some possibility that both the signs and the ties are on the easement
itself'. This presents a problem in terms of maintenance (snowplowing) and danger to
those using the actual travel part of' the easement in inclement weather. If we are later
able to determine that the ties and the signs actually are on the easement, we would so
inform you and expect that they would be removed.
Mr. Malone indicates that whenever possible, he plows tile snow to the north, or
to the area away I?om Mr. Ansel's parking lot.
Finally, we feel it should be brought to your client's attention that tile part of the
easement which was dug up recently, so that Mr. Ansel could install city sewer to his
building,, needs to be repaired, when the weather permits.
Sincerely,
Hughes & Trannel, P.C.
JAT:jb
cc: Mr. & Mrs. Mike Malone
James A. Trannel
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM J. MAIERS
CH..M~WYN D. COX*
MARK J. SULLIVAN
JEFFREy L. WALTERS
PAULA M. STENLUND**
JF. NN"Ii:ER A. CLEMENS
JOHN T. NF2,iMERS
TODD N. KLakPATAUSKAS
LAW OFFICES OF
REYNOLDS & KEN-LINE, L.L.P.
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail :rkenline@mwci.net
January 28, 1999
Dennis Ansel
Ansel's Auto Sez-vice
2001 Rockdale Road
Dubuque, IA 52003
RE: Amsel/Malone Easement
Dear Denny:
Enclosed please find a copy of the letter that I received from
Jim Trannel. With regard to the speed bumps, it looks like they
would object. You can either run the chance and install the speed
bumps and then run the risk that the Court might inform you that
you cannot install them or, in the alternative, we can get
permission from the Court ahead of time.
My primary concern is the location of the easement. When the
weather clears, then it might be necessary to have someone take a
look at the plat and your property borders and determine where
exactly the easement is to be located to insure that the signs and
railroad ties are not located on the easement. If they are on the
easement, then there is the risk that they create a hazard and
would open you up to potential liability.
Clearly, Mr. Malone is not being very helpful with regard to
the snow plowing. Again, if you want, we can schedule this matter'
for something like a neighborhood mediation or, in the alternative,
file a request with the Court to more specifically identify
everyone's responsibilities. At this time, my recommendation would
be to wait until we can find out exactly where the easement should
be located, according to the plat, and then make a determination as
Ansel Letter
January 28, 1999
Page 2
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
to what actions we want to take. There may be some expense
involved in having a surveyor stake the location of the easement,
however, if you plan to affirmatively bring an action agalnsu the
Malones, it would be my recommendation that we take that sued
first.
JAC:clm
Encl6§ure
Sincerely,
,.'// 1/{ ~.."
Jennifer ~3~: Clemens