Traut Terrace Vacating PetitionTHE CTTY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Traut Terrace
DATE: December 10, 2007
Dubuque
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2007
A request was received from Greg Laufenberg to vacate a portion of Traut Terrace
south of Diagonal Street. Due to safety concerns at the intersection of Diagonal Street
and Traut Terrace, City Engineer Gus Psihoyos recommends that only the westerly
seven feet of Traut Terrace be vacated, and states that the City has no plans for the
utilization of said 7 foot portion of Traut Terrace. It is further recommended that the
purchase price be set at $888, plus surveying, platting, publication, and filing fees.
After constructing the footing and foundations walls of a 30 X 30 Foot garage, Mr.
Laufenberg realized he had constructed the footings 8 to 10 feet into the right of way of
Traut Terrace.
Traut Terrace currently serves as the primary access for two parcel and the secondary
access for three others. The City can be more flexible with Traut Terrace because it
serves more like a dead end alley then a street.
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.
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
DuB E
Masterpiece on tlu Mississippi
MEMORANDUM
December 7, 2007
TO: Michael C. Van Milligen,
FROM:
SUBJECT:
City Mana e
Gus Psihoyos, City Engineer
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Vacating Petition - Traut Terrace
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 held for the disposition of the City's interest in the subject area.
I would further recommend that the purchase price be established at $888.00, plus
surveying, platting, publication, and filing fees.
ACTION TO BE TAKEN
The attached plat and resolution vacating the property should be submitted to the City
Council for consideration and approval along with a resolution disposing of the property for
a purchase price of $888.00, plus surveying, platting, publication, and filing fees.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO.
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF TRAUT
TERRACE SOUTH OF DIAGONAL STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 21St day of November, 2007, prepared by Buesing & Associates, describing the
proposed vacated portion of Traut Terrace south of Diagonal Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 21St day of November, 2007, prepared by Buesing
& Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this day of , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~h Street, Dubuque, IA 52001 (563) 589-4270
Keturn to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO.
RESOLUTION VACATING A PORTION OF TRAUT TERRACE SOUTH OF
DIAGONAL STREET
Whereas, Gregory Laufenberg has requested the vacating 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of Traut Terrace south of Diagonal Street is no longer required for public use
and vacating of said portion of Traut Terrace south of Diagonal Street, known 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 real estate described as Lot 8A of Dunn's Subdivision in
the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this day of , 2007.
Attest:
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 8A OF DUNN'S
SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published iri the City of Dubuque, Iowa on this day of , 2007,
the City Council of the City of Dubuque, Iowa met on the 17t day of December,
2007, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, to consider the proposal for the sale of real estate described as:
Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County,
Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 8A of Dunn's Subdivision in the City of Dubuque, Dubuque County, Iowa, to
Gregory Laufenberg and Linda K. Herring be and the same is hereby approved
for the sum of $888, plus the cost of surveying, platting, publication, and filing
fees. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Gregory Laufenberg and Linda K. Herring
upon receipt of the purchase price in full.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this day of
2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk