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Traut Terrace Vacating Petition_Laufenberg LetterGreg & Linda Laufenberg 46 Diagonal St. Dubuque, IA 52001 December 10, 2007 Dear Council Members: ~". r ~ 07 QEC t 0 AN I0~ I 0 ., . icy y~f~.,:,~ C~Rfic C~ta~u ~t:, iA We are writing to inform you of my recent experiences with the City of Dubuque. We are currently in the process of building my dream garage. However, this has not been an easy or a fair process. First, We would like to share with you a little about our family. I grew up in the city of Dubuque, as did my wife. We have worked in this community for a combined total of 50 years and owned our home here for over 16 years. We chose to raise and educate (Kindergarten through college) our daughter here and now she lives and works in this community as well. I have been employed with Flexsteel for 24 years. It is with our savings that we have chosen to build on and improve our home. In addition, I am an avid outdoor person and have long anticipated having agarage/shop to store my hunting and fishing equipment. We began this process following every rule set before us by the Planning, Zoning and Engineering Departments, but have been dragged through a seemingly endless list of requirements that change day by day depending on which city representative we talk to. At no time during the planning process back in April did anyone mention anything about the city having a right of way on Traut Terrace. During excavation of our property, the elevated neighboring property on Traut Terrace which experiences run off is left at risk because our construction was abruptly stopped. Since our neighbors have approved our 30 x 30 foot garage twice and the Zoning Board has approved our 30 x 30 foot garage twice, we would like the council to confirm their decision. We are also asking that the City reimburse our expenses known and unknown that have occurred and will continue to occur since Sept. 28, 2007 when the City Engineer offered to "help". Thank you for you time and consideration. Sincerely, Greg and Linda Laufenberg TIMELINE March 2007 • Met with planning department -Guy Hemenway Apri12007 • Visited the City Planner again • Obtained set back waiver • Had all neighbors sign it • Visited City Planner again May 2007 • Visited City Planner for fmal plan to go before the Zoning Board • Planned garage 4 feet from Traut Terrace, 4 feet from south property line, 6 feet from Diagonal St. • Set up a variance with Zoning Board for June 28th • Had all utilities located June 2007 • Had all utilities located again • June 28th: Zoning Board approves variance (sight lines, safety concerns were all investigated) • At this time I asked if I should put a sidewalk in...the reply was NO August 2007 • Aug. 2"d: purchased permit to build September 2007 • Sept. 18th: started excavating • Sept. 26th: footings inspected and okayed according to the June 28th Zonin Board a royal • Sept. 27th: called Engineering to see where drain the should be run. Jane Smith arrived, looked down the telephone pole and sight lines and stated that it looked oka,~the footings had encroached on city right-of--way; CONSTRUCTION STOPPED • Went to City Planner, Guy Hemenway to set up everything for Oct, 25th Zoning Board meeting • Sept. 28th: received letter from Engineering saying they would HELP to obtain permit to build in the city right-of--way • Sept. 29th: went to City Hall and applied fora "Irrevocable Permit" • Placed on City Council docket for Nov. 5th meeting 2 October 2007 • Oct. 1 ~`: applied for "Revocable Permit" (I was hoping to speed things up, as this type of permit only requires city manager's signature) • I was informed the City Manager would not sign a permit unless Zoning Board approved a zero foot variance. • Oct. 25t'`: Zoning Board approved with 5:0 vote (on Docket 59-07) building zero feet from the property line, Traut Terrace and 4 feet from Diagonal, and 2 feet from the south side property line. • Oct. 26~': I went to City Hall to make sure that the City Manager would receive my application for the permit. (He was out of town until Monday, 10-29-07.) I was then introduced to Gus Psihoyos, City Engineer. Mr. Psihoyos stated that he had been on my property with the City Attorneys. He said that I was "blatantly on city property" and that he was "not signing anything." He said that the City Attorneys advised him that the city should vacate the property. *At no time during our conversation did he tell me that he was taking me ~ff c,f the c~~cket at • Over the weekend a neighbor called and said that Teri Goodman (a former neighbor) was an Assistant City Manager and may be able point me in the right direction. • Oct. 29~': Called Teri Goodman and shared with her all that I had gone through to try to build my garage. Teri introduced me to Cindy Steinhauser who said she would look into it and then have Mr. Psihoyos call me. • Wed. Oct 31 ~` I called Cindy and left a message saying I had not heard form anyone November 2007 • Nov. 1~ Mr. Gus Psihoyos, Mr. Ron Turner and I had a conference call to discuss my permit -how much of the city right-of--way I was to obtain. I told him where the footings were already placed (per Zoning Board approval). He told me to get a survey. I inquired about the city abandoning the right-of--way and was informed it was still city property. I told them I was on the docket for the City Council meeting on Nov 5~'. Mr. Turner said we'd wait and see what the council decided. Again Mr. Psihoyos did not inform me that he had taken my name offofthe docket for Monday at the City Council meeting on Nov 5`". • Nov. 1~` called my City Council Ward 3 representative, Joyce Conner, she informed me that she did not see my name on the docket for the up coming City Council meeting on Nov. 5~'. • Nov. 2"a did not receive any information from the city for the City Council meeting. I then called the City Clerk and was told the City Engineer had pulled it my name from the docket for the City Council meeting on Nov. 5`h • Nov. 5th I called Engineering and Mr. Psihoyos was not there but was told by another engineer that I should not have built on city property. • Nov. 9th contacted Dave Clemens, attorney at law. • Nov. 12~` Mr. Clemens sent a letter to City Attorney, Barry Lindahl • Nov. 15th I had to provide a survey of my property borders by Buesing & Associates • Nov 16th I was called by Mr. Psihoyos in the morning and set up a 3:00 PM meeting that same day. • Nov. 16th Met with Mr. Psihoyos and Mr. Turner in Mr. Psihoyos's office. Mr. Psihoyos informed me that the city was only willing to sell me 5 feet of the right- of-way. I asked why and was told he needed to be able to put in a sidewalk with a curb and a 4 foot boulevard (on the dead end street that leads to two houses). I said I wanted a 30-foot garage to put 2 cars and a boat on a trailer in the garage and move around. The City Engineer suggested I get a company to cut a hole in the back wall of the concrete foundation, put a ledge out underground, so that the back of the boat could go out the back of the garage and then I would only need 24 feet. This doesn't take into consideration that you then can not seal the opening and it will be the natural place for ground water to accumulate. It will also weaken the foundation. We discussed a 26-foot garage. Mr. Psihoyos and Mr. Turner agreed that they could reengineer the street to accommodate a 2 feet boulevard. I asked about obtaining my permit again before winter. The City Engineer said he didn't know but would recommend I would be able to build the 26-foot garage. • Nov. 16th Mr. Psihoyos called me at home at 5:00 PM and said they agreed that the city would vacate 7 feet instead of the 11 feet that was originally approved by the Zoning Board (sight lines, safety concerns, traffic concerns) and where my concrete footings have already been poured • Nov.16th Mr. Psihoyos called again at 5:15 PM. and asked if all of the neighbors would sign another waiver agreeing to allow me to build on city right-of--way • Nov.19th I went to City Hall to the Engineering Department to give them the completed waiver signed by all of the neighbors. There were no attorneys at City Hall. • Nov. 20th I called Mr. Psihoyos and Mr. Turner and no call was returned. • 21 ~` Mr. Psihoyos called and said the City Assistant Attorney won't sign the permit because she doesn't know if the council will approve it • Nov. 23`~ Called the mayor and left a message. • Nov. 24th Called Ms Connor, Ward 3 City Council representative • Nov. 28th My attorney, Dave Clemens, sent a letter to City Attorney, Barry Lindahl. No response. Added expenses for us since the City Engineers had offered their "help" on September 28, 2007 • $900.00 for a survey • $950.00 to dig new footings and pour concrete to accommodate a 26 foot garage • $100.00 fencing and posts • $85.00 -8 bales of straw to protect the exposed concrete wall footings • $70.00 a month to rent a garage until this is resolved • $7.00 parking ticket while in City Hall dealing with the city representatives 4 Unknown cost and inconveniences since the City Engineers offered to "help" on Sept. 28, 2007 • Attorney fees unknown at this time • Not to mention the inconvenience of the construction workers who had to stop working this project 3 different times • Buying back land from the city right-of--way • The concrete foundation was not meant to be exposed all winter. • The lack of respect of the neighboring property that is for sale • The mud, and danger of undermining the foundation of the neighbor's home and of our garage because of run off. • An eye sore for the community • Our mental anguish and total energy poured into meeting rules and regulations that were then denied Since our neighbors have approved our 30 x 30 foot garage twice and the Zoning Board has approved our 30 x 30 foot garage twice, we would like the council to confirm their decision. We are also asking that the City reimburse our expenses known and unknown that have occurred and will continue to occur since Sept. 28, 2007 when the City Engineer offered to "help". 5