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Traut Terrace Vacate PetitionDubuque THE CITY ©F _~ ~j '~~ ~ All-Ameri~aCitY V ~ 5 Masterpiece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Traut Terrace DATE: November 26, 2007 City Engineer Gus Psihoyos is recommending that a public hearing be set for December 17, 2007, to consider disposition of the City's interest of a portion of Traut Terrace south of Diagonal Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque DuB ~ All-America City Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer -'~ SUBJECT: Vacating Petition - Traut Terrace DATE: November 20, 2007 •- INTRODUCTION This is in response to a request from Greg Laufenberg for the vacating of a portion of Traut Terrace south of Diagonal Street. DISCUSSION The attached plat shows the proposed vacated portion of Traut Terrace south of Diagonal Street to be vacated. This area abuts the property at 46 Diagonal Street which is owned by Gregory Laufenberg and Linda K. Herring. Mr. Laufenberg was approved for a special exception for front yard setbacks of 6 feet on Diagonal Street and 4 feet on Traut Terrace at the June 28, 2007 meeting of the Zoning Board of Adjustment of the City of Dubuque. After constructing the footing and foundation walls of the 30- by 30-foot garage, Mr. Laufenberg realized he had constructed the footings 8 to 10 feet into the right-of-way of Traut Terrace. Therefore, he applied again to the Zoning Board of Adjustment for a special exception fora 0-foot setback from Traut Terrace right-of-way. This setback was approved by the City at the October 25 meeting contingent upon receiving a revocable license for any encroachment from the City. City Engineering and Corporate Counsel reviewed the request for a revocable license for a 10-foot encroachment into Traut Terrace right-of-way and determined that vacating a portion of the right-of-way would be required instead of a revocable license. However, since the property still had not been surveyed by the owner to determine the location of the new structure on the lot, Engineering requested that the surveying be done prior to evaluating the proposal for vacating. A topographic survey prepared by Buesing & Associates was furnished to City Engineering on November 15, 2007. The survey indicated the new garage foundation encroached into the right-of-way 10.63 feet on the northeast corner and 8.07 feet on the southeast corner. This left only 4.4 feet and 6.6 feet respectively from the edge of the Traut Terrace pavement to the proposed 30- by 30-foot garage. Engineering feels this would create an unsafe situation at the intersection of Diagonal Street and Traut Terrace. The driving surface of Traut Terrace is 22 feet wide. The minimum width for a City street is 31 feet wide unless otherwise approved by City Council. City Council has approved streets as narrow as 27 feet for affordable housing subdivisions. Allowing fora 27-foot street and a future 4-foot sidewalk with 2-foot parkway would place the back of any future sidewalk 2 to 3 feet inside the 30- by 30-foot garage as now constructed. Traut Terrace right-of-way is platted as 50 feet in width and dead ends 240 feet south of Diagonal Street. It currently serves as primary access for two parcels and second access for three others. (Mr. Laufenberg has furnished written consent for the vacating from his abutting neighbors.) The minimal width for a fire apparatus access road is 20 feet. Since Traut Terrance functions more like adead-end alley than a street, and Mr. Laufenberg has already been granted a 0-foot setback, Engineering feels a reduction of 7 feet in the 50-foot Traut Terrace right-of-way along Lot 8 of Dunn's Subdivision is acceptable. Mr. Laufenberg has agreed to reduce the size of the garage by 4 feet to accommodate the proposed vacate. Therefore, the distance from the existing edge of pavement to the proposed 26- by 30-foot garage would vary between 8.4 feet and 10.6 feet. Engineering feels this clearance would provide adequate sight distance at the intersection of Traut Terrace with Diagonal Street. The area proposed to be vacated is divided into one lot numbered Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa. The vacate area is abutting residential property valued at $2.07 per square foot or $588, plus $300 to recover the cost of coordinating and processing the request. In addition, the petitioner is responsible for paying the publication and filing fees of $100 and the surveying and platting costs. RECOMMENDATION Due to safety concerns at the intersection of Diagonal Street and Traut Terrace, City Engineering recommends that only the westerly 7 feet of Traut Terrace be vacated. This will require Mr. Laufenberg to decrease the size of the proposed 30- by 30-foot garage to 26 by 30. The smaller 26- by 30-foot garage would not encroach on the new right'-of-way line and allows adequate sight distance at the intersection. The City has no plans for the utilization of this westerly 7-foot portion of Traut Terrace south of Diagonal Street abutting Lot 8 of Dunn's Subdivision. would recommend that the area indicated by Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on December 17, 2007. I would further recommend that the purchase price be established at $888, plus publication and filing fees of $100 and the surveying and platting costs. ACTION TO BE TAKEN The attached resolution should be submitted to the City Council for consideration to set a public hearing on December 17, 2007 for the disposition of the City's interest in the subject area. The purchase price should be established at $888, publication and filing fees of $100 and the surveying and platting costs. Prepared by Ronald J. Turner, PLS NORTH / ,i ~~ i / / i VACATE TRAUT TERRACE VICINITY MAP i \ i ~ i i i~ i~ i~ ~ ~ ~ ~ I ~ ~ ~ ~ ii I i ii II ~ ~ i i '~ GRAPHIC SCALE 200 100 0 100 200 DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET ~\ i~~ i / i i i i i i ~ ~ i v ' ~ 9 ,, .- ,- ,- ~'; ~ - ~~ ,~ / 9 O VACAT ,AREA 9 ~' NJ- ~ ~ ~~ y, . ,, ~~ ,, ,~ ., ,- .~ -.~ ,. .,. ,, ,- ,, .~ ,, , ~__ ,, ., ,, ,~ ,, ~~,~ ~~ ,~~ FENS -- ROW---- - STREET CURB _ _ - - ~ - -DIAGONAL STREET (60rOW~ Plat of Existing Site Survey of: Lot 8 of Dunn's Subdivision, in the City of Dubuque, Iowa 0~0' SCALE: 1" = 40' I STREET CURB s.s3•~ -----------~ - \\ ROW - - ,,.~~~"~ LOT 8 GARAGE WALLS LOT 1-9 LOT 2-9 LOT 7 0.63' ~ - \\ \\ \~ ~~ \ ~ n~ ~ o~' \ ~ ~~, \ ~ ~ \ ~< , \.oe' u \ \\ ~G\ \ ~~ ~~ ~ `~ ~ ~~ ~ \ c ~ `$, ~ EXISTING BUILDING \ ~ ~ ~ ~ \ 9 ~~ ~ G ~~ ~ ~ .~ \ \ ~c^ ~~~ ~ \\ so_ ~\ Q~ ~ ~o \ ~~\ ~ ~ ~ \\ ~~ ~ ~UESING \ ~ \ ASSOCIATES INC. L 0 T 6 \~ ~ ENClNEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE. IA (563) 556-4389 \ ~ DRAWN BY: JCH CHECKED BY: TLK \ ~ SURVEY DATE: 11/8/07 \ PLOT DATE: 11/15/07 \ DWG. N0. 07256-01 SCALE: 1" = 40' SHEET 1 OF 1 NOTE THIS SURVEY IS LOCATED IN THE SW1/4 OF RQW _ - _ SECTION 13, T89N, R2E (DUBUQUE TWP) OF _ - - .- - - THE 5TH P.M., IN THE CITY OF DUBUQUE, _ - - - - - DUBUQUE COUNTY, IOWA - - STREET CURB solo' - ~~® ___~- _ - - -- - --DIAGONAL STREET (60T RoW~ STREET CURB N 84'43'34" E - 7.54'_ _ - _ _ --------POB \ ROW N 27'02'30" W~ \ 41.79'(42.0) \ LOT 8 \ LOT 8A i \. AREA = 284 SOFT. LOT 1-9 ~ LOT 7 ~vl V~~ ~~ <~~ LOT 2-9 t1`. J so. BOLT LOT 2-6 LOT 1-6 Plat of Survey of: Lot 8A of Dunn's Subdivision, in the City of Dubuque, Iowa being a vacation of a portion of Trout Terroce, in the City of Dubuque, Iowa NOTES 1. ALL MEASUREMENTS ARE iN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF LOT 8 OF DUNN'S SUB: GREGORY k LINDA K. LAUFENBERG 46 DIACNOL STREET, DUBUQUE, IOWA 52001 3. SURVEYED REQUESTED BY: GREG LAUFENBERG 4. TOTAL AREA OF LOT BA OF DUNN'S SUB IS 284 S0. FT. 5. THIS PLAT IS SUBJECT i0 ALL EASEMENTS OF RECORD AND NOT OF RECORD. ~ LOT 1 \ ROW Distonce from Existing Building \1D~ per Plat recorded with Instrument ;~ \4. 32854, Book 34, Poge 110, Dubuque \ ~ County Recorde~p~i"" i? \ ~~^ \S 66 6'37" ~ "'' I \ 7. 2' \ - \ \ ^F \ ~` \ ^C_ ~. ~ \ ' ~ \ _. \ \ ~ ~G~ \ o\ <<` \ LEGEND JV~~ LOT 2 S SIj V A EXISTING BUILDING J. • FOUND 1.50" IRON PIPE (UNLESS OTHERWISE NOTED) O PLACED 5/B'IRON REROD W/ORANGE " PLASTIC CAP MARKED KOELKER 1$487" SURVEYED BOUNDARY LINE PROPERTY LINE CENTER LINE _ - ROW - RIGHT OF WAY !(!l!!!!!GL!!/IG:~L'!(e! ~(/!<:%:' E%ISTINC BVILDING -x-x x- x E%ISTINC FENCE ( ) RECORD DIMENSION W/AI WITH ANGLE IRON POB POINT OF BEGINNING 0' 20' 40' ~ J' ~ \ ~~ \ r-~ \ v~ \ p~ Oc," \ ~ ~~°' \ ~' J~ \ \ ~O \ J III !!!! lllll I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS ~~ ~ \~ ` Q PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR / `\y~ ,... .~ $GP/, UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY \ / 2. '' G ~ ' ICENS LAND SU OR NDER THE LAWS OF THE STATE OF IOWA. U e TERRY L. ;~~ / KOELKER ~A = 7 RRY L EL ER DATE) 15487 ' ` LICENSE UMBER 15487 LOT 5 '~p~ ' ' ~~~ \ / MY LICENSE RENEWAL DATE IS DECEMBER }1, 2007 ~~~~\\\\ ~ / P /„//~~ ` ' I1\1 //!Ill, 1 I l I SHEETS COVERED BY THIS SEAL SHEET 1 dt 2 _ ICJ`` SCALE: 1" = 40' .u,l~u~ LOT 2-3 7.63'(7.63') ~OW Distance from Existing Building \ per Plot recorded with Instrument // 32854, Book 34, Poge 110, Dubuque \ / County Recorder 0, \ LOT 4 \ \ ~UEASIING ENClNEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY; JCH CHECKED BY: TL SURVEY DATE: 11/8/07 PLOT DATE: 11/21/07 DWG. N0. 07256-01 SCALE: 1" = 40' SHEET 1 OF 3 RESOLUTION NO. 575-07 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 8A OF DUNN'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gregory Laufenberg has requested the vacating and disposal of a portion of Traut Terrace south of Diagonal Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of Traut Terrace south of Diagonal Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Gregory Laufenberg be contingent upon the payment of $888, publication and filing fees of $100 and the surveying and platting costs. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 3rd day of December , 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk