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Ansel, Dennis, Rockdale rezoneMEMORANDUM 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. Michael 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 renotification. 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 Ansel Rezoning Request 2001 ROckdale Road Ansel Properly 55'Buffer Proposed Rezoning 55'Buffer 02033 0198 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 Ansel Rezoning - 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 not 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 TO: FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager November 30, 2000 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 Ansel's Auto Service, 2001 Rockdale Road. This business is an enforcement case in which the Ansels have sought rezoning to CS Commercial Service to bring their business into compliance. At their October 16, 2000, public hearing, the City Council tabled this rezoning request, and recommended that the Ansels mediate with their neighbors, the Malones, to try to resolve their issues with the rezoning request. At the City Council's direction, I referred the Anseis 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 Malones: 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. In 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 are 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 Barry Brennan, Zoning Enforcement Officer Guy Hemenway, Assistant Planner Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (3t9) 589-4221 October 11, 2000 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, TA 52001 RE: Rezoning Applicant: Dennis and Lori Ansel Location: 2001 Rockdale Road Description: To rezone property from C-1 Neighborhood Commercial District 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 property owners cant see the vehicles. Staff reviewed enforcement history, surrounding land use and zoning, and conditions applied to the property when a conditional 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, 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 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 Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the Dubuque Code of Ordinances be amended by reclassifying hereinafter described property from R-1 Single -Family District and C-1 Neighborhood Commercial District to CS Commercial Service and Wholesale District, as shown in Exhibit A, and to the centerline 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. law. Section 3. This ordinance shall take effect immediately upon publication, as provided by Passed, approved and adopted this 4th day of February, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. D an, Mayor Prepared by: Laura Carstens, 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-I SINGLE-FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended 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\MELINDA\WP\COUNCIL\ORD\2001ROCK.ORD EXHIBIT R-1 PrOposed area to be rezoned gisproj\planning\kay\ansel.apr City of Dubuque Planning Services Department Dubuque IA 5200-4864 Phone: 319-5894210 Fax: 319-589-4149 B 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 m Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [] Temporap/Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Dennis W. Ansel and Lori J. Ansel Address: 420 Valeria Fax Number: Applicant]Agent: City: Dubuqu~ Mobile/Cellular Number: Address: Fax Number: Site location/address: City: Mobile/Cellular Number: 2001 Rockdale Road, Dubuque. IA 5200 Existing zoning: residentil~posed zoning:.Co~ercia]Histodc district: Phone: (319)588-1370 State: IA Zip: 52001 Phone: State: __ Zip: Landmark: Legal description (S/dwell Parcel ID number or lot number/block number/subdivision): Lot 2 of Colonial Place in Table Mound 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 letter of explanation, if ed): (see attached) CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public 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(Dennis w Ansel Date: 7-31-00 Applicant]Agent: Date: FOR OFFICE USE ONLY - APPLICATION SUBMITIAL CHECKLIST [] Property ownership list '~¢-,Site/sketch plan [] Floor plan r~ Plat [] Conceptual development plan [] improvement plans [] Design review project description [] Photo [] Other: July 31, 2000 City. of Dubuque Planning Services Department Dubuque, IA 52001-4864 To Whom It May Concern: We are requesting to re-zone the property directly behind the C- I 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 years and have had no problems with operating our business and parking vehicles on the said property until January 1999 when complaints from an unknown source started to occur. The vehicles parked behind the commercial building can not be seen from the street in front 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 unaware ora Conditional use permit that was issued for this property in 1981 until complaints were made and we received a Icl/er fi-om the City of Dubuque in January, 1999. We would be willing to build a storage building or install a privacy fence to enclose some of the parking area. If there is any fia'ther questions that I can answer for you please contact me at (319) 588-1370. Thank you. Sincerely, Dennis W. Ansel FiLe FOR RECORD DUBUQUE, CO. IOWA I.P. ~ IRON PIPF ,SCALE I~'' I00' 2. Z3~ CURVE 0ATA RI,= ~ + 03.4 P,C.= 64+ 88.8 P.T.= 70+ 89.5 A = 42' 03' D: 7'RI, T. = 314.6' REZONING STAFF REPORT Zoning Agenda: October 4, 2000 Property Address: Property Owner: Applicant: 2001 Rockdale 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 Forme~ Zoning: 1934 -County; 1975 - County; 1985 - C-1 TotaIAma: I acre Property History: The subject property is approximately one-are 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 Rockdaie 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 contractors 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 the 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 Concurrence 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. Rockdate 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 vehicles 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 R-1 R-1 Proposed area to be rezoned 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. NOTICE OF VIOLATION January 26, 1999 Mr. Dennis Ansel 20Ot Rockdale Road Dubuque, IA 52003 Dear Mr. Ansel 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 prohibited 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 an 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. 2001Rockdale 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 result in the issuance of a Citation, court Costs and.a fine without any additional warning or correspondence. The minimum fine is $250.00 per day for each day the violation continues to exist. 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 Dubuque County Board of Zoning Ms. Anne' O'Shea Dubuque County Courthouse 52001 To whom it may concern I writing this letter to express my support for Mr. Dennis Ansel operating a small business ~ must ~]~e ~ ~ ~ s~ °f~ ~ ~ of~g~· b~ ~ ~i~i~ ~. At ~ ~'do I ~1 ~t.~y of~ ~ple ~ to ~ this ~'~ ~ ~ ~ ~dfi~ v~ o~ ' 71]um.k'you for .your'ki~d covai&rati~.' Sincerely youn, .' Shirley I~g, formerly"of 4751 M~ey S~i~n ' Now a ~j~t o~ 1~5 ~m~ Ave CTY OF DUBQUE SEP 2 9 2000 To whom it may concern this is to inform you of my strong opposition of the following proposal Dennis & Lori Ansel 2001 rockdale rd to rezone property from C-1 and R-1 to C.s. Besides the property already being an illegal junk yard all these years, I do not want to make it leagal for ansel to run a junk yard. LAW OFFICES OF REYNOLDS & KENLINE, L.L.P. LEO A. McCARTHY DAVID L. CLEMENS WILLIAM J. MAIERS CHADWYN D. COX* MARK f. SULLIVAN JEFFREy L. WALTERS PAULA M. STENLUND** JENNIFER A, CLEMENS JOHN T. NEMMERS TODD N. KLAPATAUSKAS SUITE 222 FISCHER BUILDING P.O. BOX 239 DUBUQUE, IOWA 520044239 TELEPHONE: (319) 556-8000 FAX: (319) 556-8009 E-MaiI:rkenline@mwci.net January 19, 1999 James A. Trannel, Esq. Hughes and Trannel, P.C. 1154 Iowa Street Dubuque, IA 52001 RE: 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 Malones 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. LAW OFFICES OF REYNOLDS & KENLINE, L.L.P. James A. Trannet, Esq. January 19, 1999 Page 2 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 Ansel Jennifer A. Clemens Clemens LAW O~CES OF REYNOLDS & KENLINE, L.L.P. LEO A. McCARTHY DAVID L. CLEMENS WII,I,IAM .1. MA/ERS CHADWYN D. COX* MARK L SULLIVAN JEFFREy L. WALTERS PAULA M. STENLUND** JENNIFER A. CLEMENS IOI-LN T. N~VLMF3.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-Mail :rkentlne@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. Sincerely Jennifer A Clemens Attorney Jennifer Clemens 222 Fischer Building Dubuque, IA 52001 HUGHES & TRANNEL, P.C. ATTORNEYS AT LAW 1154 IOWA STREET DUBUQUE, IOWA 52001-4818 January 27, 1999 TELEPHONE f319) 557-7360 RE: Ansel/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 would 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 the 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 the roadway. Until the 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 the snow to the north, or to the area away from Mr. Ansel's parking lot. Finally, we feel it should be brought to your client's attention that the 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;b cc: Mr. & Mrs. Mike Malone James A. Trannel LEO A, McCARTHY DAVID L. CLEMENS WELIAM J· MAIERS CHADV~fN D. COX* MAIAK J. SULLIVAN JEFFKEy L. WALTERS PAULA M. STENLUND** JENNTFER A. CLEMENS JOHN T. NF-NLV-_ERS TODD N. I,U-APATAUSKAS LAW OFFICES OF REYNOLDS & KENLINE, L.L.P. SUITE 222 FISCHER BUILDING P.O. BOX 239 DUBUQUE, IOWA 52004-0239 TELEPHONE: (319) 556-8000 FAX: (319) 55~8009 E-Mail:rkenline@mwci.net January 28, 1999 Dennis Ansel Ansel's Auto Service 2001 Rockdale Road Dubuque, IA 52003 RE: Ansel/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 earner 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 . 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. however, Malones, first. to what actions we want to take. There may be some expense involved in having a surveyor stake the location of the easement, if you plan to affirmatively bring an action against the it would be my recommendation that we take that step first. Sincerely Jennifer A Clemens JAC:clm EncloSure Janua~ 29, 2002 1999 Rockdale Road ,Dubuque, IA 52003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 West 13th Street Dubuque, IA 52001 Dear Mayor and City Council Members: This correspondence is in response to the Public Hearing scheduled February 4, 2002, regarding the reznning request of Dennis and Lori Ansel of their business property at 2001 Roekdale Road from C-1 and R-1 to CS Commercial Service and Wholesale District. We continue to he in opposition of said property to be reznned to CS District. At the recommendation of the Dubuque City Council on October 16, 2000, we met with the Ansels on November 28, 2000, utilizing the Dubuque Dispute Resolution Center. We discus~d i~sues regarding our joint access easement, vehicle parking and driving along the e~semem. The Mediation was productive in regard to the easement and parking/driving issue. We dk~ not agree upon CS reznning at that time and have not been approached nor shov,~ plans ~om the Ansels regarding the mzon]ng. Itwas indicated that this should have been initiated by the Anseis in the memorandum dated November 30, 2000 from Laura Carstens, which we received with the memorandum from Michael Van Milligen dated January 16, 2002. The two other adjecent single-family homeowners, at 1991 and 2033 Rockdale Road, whe also reported being against the rezuning at the October 2000, City Council meeting~ have not been approached by the Ansels regarding plans at any time. We understand and empathize with the Ansels, mnnlag a family business within the city ~Jmi*s~ but are not in favor of the rezoning. This is based on the long list of permacal uses in a CS Dis~e~ if the A~els would ever sell their business property. They are trying to be good ~eLgb-bors but we cannot be assured of this in the future with rezoning. The said prope,'~y is also sm'rouatded on three sides by single-family homes, with the fourth side being Rockdale Road. Based on these factors, the Zoning Advisory Commission voted 6-0, recommending the City Council deny the CS re'zoning request in October 2000. We need to protect the monetary and esthetic value of our property adjacent to said property. l~hank you for your time and consideration in fltis matter. If you have any questions, please feel free to call us at 563-556-8647. Michael J. Malone Michele A. Malone ce: Planning Services CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 6:30 P.M. on February 4, 2002, in the Public Library Auditorium, 360 West 11th, to consider amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hpreinafter described proper- ty 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, at the request of Dennis and Lori Ansel. (Copy of supporting documents are on file in the Planning Services Office and may be viewed during normal work- ing hours.) Written comments regarding above reclassification may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said reclassification. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 589- 4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 21 st day of January, 2002. Jeanne F. Schneider City Clerk it 1/25 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, TAMMY M. FELDMANa 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 et utei r , 20 0, and for which the charge is $ y . Subscribed to before m Notary Public in and for Dubuque County, Iowa, this day of 20 0°7-- Notary Pfiblic in and for Dubuque Co>fiity, Iowa MARV K. WESTERMEYER Commission Number 154885 My Comm. Exp. FE5. 1, 2005