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Westview Shp Ctr 3 Plat JFK Rd. February 11, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Plat of Survey Applicant: Key City Investment Co. Location: 1800 Block of John F. Kennedy Road Description: Plat of Survey of Westview Shopping Center Place No. 3 Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Staff reviewed the submitted plat of survey, noting that plat helps create a new building lot (Lot 2) of approximately one acre in size. In doing so, Lot 1 does not have frontage on a public street. An access easement is provided from Lot 1 to John F. Kennedy Road. The Zoning Advisory Commission discussed the request, noting that as an access easement is provided, the Commission does not anticipate any adverse impact to adjacent properties. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving the lot frontage requirement for Lot 1. A simple 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 Respomsibillty Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NC. 72-02 RESOLUTION APPROVING THE PLAT OF SURVEY OF WESTVIEW SHOPPING CENTER PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey Westview Shopping Center Place No. 3 in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 with 0 feet of lot frontage, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 with 0 feet of lot frontage, where 60 feet is required. Section 2. That the plat of survey of Westview Shopping Center Place No. 3 is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 18th day of February, 2002. Ann E. Michalski, Mayor Pro~Tem Attest: Jeanne F. Schneider, City Clerk City of Dubuaue Planning Services Department 3ubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Variance [] Conditional Use Permit [] Appear [] Soecial Exception c Limited Setback Waiver PLANNING APPLICATION FORM [] Rezoning [] Planned District [] Preliminary Plat [] Minor Final Plat [] Text Amendment a Simple Site Plan [] Minor Site Plan [] Major Site Plan r~ Major Final Plat ~'~imple Subdivision [] Annexation [] Temporary Use Permit D Certificate of Appropriateness ~ Certificate of Economic Hardship [] Other: PLF_Z~SE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): ~ ~,/~.'-/-.,, ~_--~,,,,,--~,,,,,.,...,,.-~ ~,,~. Address: J~,~, ~'~' ~12 "'~ City: Fax Number: Mobile/Cellular Number: Applicant/Agent: Address: Fax Number: City: Mobile/Cellular Number: Site location/address: Phone: .~'~ - State: .,T',~J- zip: Phone: State: __ Zip: Existing zoning: ~---3 Proposed zoning: ~./'?~l- Historic district: ,,V././/~ Landmark: Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): Total property (lot) area (square feet or acres): Number of lots: Describe proposal and reason necessary (attach a letter of explanation, if needed): ! CERTIFICATION: I/we, the undersigned, do hereby certify that: t 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. PropertyOwner(s): //~y ~//~-/ ///,/~-%7-~-~-r-- The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date: Date: FOR OFFICE USE ONLy - ~,PPI. ICATION SUBMITTAL CHECKLIST Fee::~O-O0 Received by: ~Z,,~--.- Date: //2/-//oZ-- Docket: : Preoerty ownership list [] Site/sketch'' p~an-- []~'oor''~ plan [] Pt~t-" · [] Conceptual development plan ~ Improvement plans [] Design review project description [] Photo r~ Other: PLAT OF SURVEY WESTVIEW SHOPPING m'- ~ 89 45 5 E -., CENTER PLACE NO. ,7, IN i\ 240.78'(240.78') THE CITY OF DUBUQUE, IOWA\ DESCRIPTION: LOT 1 AND LOT 2-2A \ OF WESTVlEW SHOPPING CENTER \ PLACE NO. 2 AND LOT 1-2-1-2 OF \ WESTVIEW SHOPPING CENTER PLACE N THE CITY OF DUBUQUE. IOWA \ 5,50~- I o. ~ 100.00' LEGEND · FOUND 5/8" IRON ROD W/ NBS'42'10"W 26,98' PLASTIC CAP NO. t2631 · FOUND I IRON PIPE UNLESS NOTED LOT 1 SET 55/18" IRON ROD W/ 1,198 ACRES GRAPHIC SCALE 0 50 100 DRAWING MAY HAVE BEEN REDUCED TOTAL AREA SURVEYED: 2,154 ACRES NOTE [HIS SURVEY IS SUBJECT TO EASEMENTS. COVENANTS. SER~TUOES. RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOr OF RECORD, ,,,,," ow '% g E' JOHN M. S ~ S86'47'23' W th \ 86.26'(86.36') 89"55'06" w EXIS~ING 10' WIDE LOT 2 ~ ~ EXISTING 25' WIDE -PUBLIC UTILITY ~ ~ ~ ACCESS EASEMENT S 89'35'06" w 239.29'(2~9')(40~ 89"55"06" E LOT 1--2A 239.29' ~ 89'~5'06" E 288,97' SUB. LOT 1-1-I SE1/4-SE1/4, SEC 21 239.29'(239') EXISTING 25' SET PK NAIL =UBLIC ACCESS LOT 2 EASEMENT ok 89'ST1f' w 289.02' LOT 2-1 OF S. 225' OF N 344.32' OF E 300' OF LOT 1-2 WESTVIEW SHOPPtNG CENTER PLACE SURVEYED FOR: NICK YIANNIAS PROPRIETOR: KEY CITY NVESTMENT CO, DATE OF SURVEY, SEPTEMDER 2001 Z 0 ~ IIWENOINEERS & SURVEYORS. P.C. CHECKED JMT PRO, N0.01175-07 CITY OF DUBUQUE, IOWA MEMORANDUM January 28,2002 TO: FROM: SUBJECT: Zoning Advisory Commission Kyle L. Kritz, Associate Planner Plat of Survey - Westview Shopping Center Place No. 3 INTRODUCTION The submitted plat of survey incorporates the two lots created by the plat of survey of Lot 1-?_A and Lot 2-2A of Westview Shopping Center Place. No 2 into the adjacent parcels. The submitted plat of survey of Westview Shopping Center place No. 3 also incorporates a 49.68 by 25.07-foot parcel from Lot 1 into Lot 2. This causes Lot 1 to become non-conforming in terms of lot frontage. DISCUSSION The submitted plat of survey of Westview Shopping Center Place No. 3 is in substantial compliance with the City of Dubuque Subdivision Regulations; however, the Zoning Advisory Commission must waive the lot frontage requirement for Lot 1. Lot 1 previously had 50-foot of lot frontage on the end of Congress Circle, but once that street was vacated by the City in the fall of 2001, Lot I lost its frontage on a public street. A 25-foot wide access easement has been platted from John F. Kennedy Road to Lot 1 to assure future access to that property. Lot 2 of the plat of survey will have a commercial building constructed on it in the future. Lot 2 was formerly used by the adjacent bank building as a drive-thru ATM teller. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission approve the plat of survey of Westview Shopping Center Place. No. 3 subject to waiving the lot frontage requirements for Lot 1. KLK/mkr