Plat of Survey of Lubben Place Copyright 2014
City of Dubuque Consent Items # 15.
ITEM TITLE: Plat of Survey of Lubben Place
SUMMARY: Zoning Advisory Commission recommending approval of
the Plat of Survey for Lubben Place (620-628 Loras Blvd.)
subject to waiving the lot area requirement for Lot 1 and Lot
2.
RESOLUTION Approving the Plat of Survey of Lubben
Place in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Zoning Advisory Commission Letter Staff Memo
Applicant Materials Supporting Documentation
Staff Materials Supporting Documentation
Resolution Resolutions
Planning Services Department Dubuque
City Hall THE CITY OF
50 West 13th Street �T TR Ey
Dubuque,IA 52001-4864 11111.F lJ L
(563)589-4210 phone
(563)589-4221 fax mov-mr.•mu Masterpiece on the Mississippi
(563)690-6678 TDD
planning@Myofdubuque.org
January 11, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall—50 W. 13`h Street
DubuquelA 52001
Applicant: Brice Lubben / K& L Properties of Iowa, LLC
Location: 620-628 Loras Blvd.
Description: Plat of Survey of Lubben Place
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, reviewing that the reasons for the lot split is to
sell each side of the duplex as a townhome, and that no other changes are proposed. He
explained he has received approval from the Zoning Board of Adjustment for setbacks.
Staff reviewed the staff report, noting that the submitted Plat of Survey is deficient in terms
of lot area, but in all other respects, is compliant with the Unified Development Code.
There were no public comments.
The Zoning Advisory Commission discussed the request, and found it to be appropriate.
Recommendation
By a vote of 5 to 0, with two abstentions, the Zoning Advisory Commission recommends
that the City Council approve the request subject to waiving the lot area requirement for Lot
1 and Lot 2.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Az-
Thomas Henschel, Vice Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
A Iiv CITY CAII City of Dubuque
DU Planning Services Department
Dubuque, IA 52001-4805
Phone: 563-589-4210
Masterpiece on the Mississippi Fax: 563-589-4221
i)lanninci@citvofdubuciue.org
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑f Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please tyoe or Print leoibly in in
Property owner(s):
K&L Properties of Iowa,LLC(Brice Luben&Ken Kahn!-Managers&MemPhone:
ebers) Brice Lubben - (563) 213-0006
Address: 2721 Stewart Ave city:Winthrop State: IA Zip:50682
Fax#: Cell #: E-mail:
Applicant/Agent: Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Site location/address: 620 —Oras Blvd/628 Loras Blvd Neighborhood Association: N/A
Existing zoning: R-2 Proposed zoning: N/A District:Select Landmark: E] Yes ❑ No
LaN-011&La12-818IfA.WOeofel'5 SuMivkm of TWO tdL(F-1In 1024377003)
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):4,273sq feet
Describe proposal and reason necessary (attach a letter of explanation, if needed):Zero Lot Line Split for Existing Townhouse
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written
"and
i/graphic materials are attached.
Property Owner(s): �/L{ f7`�r4 Date: 12 IT
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
Fee:f&?64." Received by: Date: 12,�ocket:
Glilq:Lk*AXIS
Plat of Survey of:
LUBBEN PLACE,
in the City of Dubuque, Iowa
NO E
iHiS SIRVEY IS COIAPPISED OF: LOT 1-011&LOi 5-010 eF A. '..
MCDµl0.'S SVBLYN90N OF TONN LOT$IN WE CITY OF OVBUOUE IOWA
µI
LIXATEO W 1HE SWI/4 eF SECTON 24,T6Sm R)£(OU6000E MP)OF
1NE 5TX P.M.,IN 1XE CI1T Oi WBUWE.DUBUWE 60VNTY IOWA
1pm 4.35'(4.33') /
t;) PREPAAEO BT. BUESIN6 k ASSOCIATES ADORERS:1212 LCWST SIREET.
ORPCJ QW� 2gr E 7.12' 04' DVBVOVE IO1VA PHONE: 56] 556-9]09
l(,6A F N52o�6199� j�% .67'
6.94' / �h9;) \ � �-
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oW m O o
B No SCALE: 1" = 20'
y'ov 0
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1 9 p c
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yoT N NONn LEGEND
OFOUND LS'IRON PIPE
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N
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(n O PLACED 5/6'WON BMW W/GRANGE
NNa PLASTIC CAP MARKED WITNESS 15967
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PROPERTY BE
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—DLO—DLD— DIMENSION ONE ONLY
LOT O19 NN• maxi nvrr BUIWINO FOOT PRINT
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✓ \ / 66A R��NO NOTES
\ P 1.PLL MEASUREIAERM ARE IN FEET ANO O..N THEREOF.
\ 2.PRWRIEiOR OF LOT 1-017&LOT 2-618 CF M<DM1WR SUBOMSION:
K k L PROPERTIES OF IOWA,LLC 2121 SIEWART AVE 1NNTHflOP.IA 50602
Rte• ].SURVEYED F.,,ED 6T: MICE WBBEN/N h L PRWFNTES OF IDV/A.LLC
4.TCTM MEA OF PddAIETEfl SURY£1FL IS 9,R7]SE.
5.THIS PLAT IS SUSJE4T TO PLL EASTMENTS OF RECORD AN.NOT Sr RECORD.
F
111111p/1TA7j I HEREBY CERTFY THAT MIS LAND WRWYNG DOCUMENT WAS �UESING
AND 4 PREPAflEO ANO TIE REtATEO SURVEY WORK WAS PFAFORMEO BT ME p550CUTE5HHG.°•.Sp 4 OR UNDER MY DIRECT PEfl50.YAl SLPERNSIWµD 1HAT AM A DULY g,YCMase3IND S ."S
•'•.�L iELAND SUI;\ UNDER THE ak5 CF T1E TATE F IOWA Se xuRx
THISIS AN ASSUMEDRY t. •�� \ ' ,AJ_ (56])swBEARING EOR ME PURPOSES ixER ' / 4x IS
OF 1HIS SURVEY ONLY. = RTL Ij Ell R (DATE) DRAWN BT:JCH CHECKED BY: TN
107 'A LICENSE NNABER 15407 SVRVEYGAE:12/01/IS PLOT!*pMY.1 ETUE RENEWAL DAT:IS...IT.M 2015 RMNO1526]-01SCALE' '(101iII1N111NmC` SHEETS COVERED BY THIS SEAL: SHEETS 1&2 SHEET 1, OF J
\ THE CITY OFR Dubuquei
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Vicinity Map
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\ Applicants: Brice Lubben
Location: 620-628 Loras Blvd.
\ Description: Plat of Survey of Lubben Place
Os q Legend
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OR N� R-2A ® 620-628 Loras Blvd.
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December 18, 2015
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner f 1 x
SUBJECT: Plat of Survey of Lubben Place
INTRODUCTION
The submitted Plat of Survey of Lubben Place subdivides an existing parcel with a
duplex located on it into two new lots to create two townhomes. The subject property is
zoned R-2 Two-Family Residential and is located at 620-628 Loras Boulevard across
from Loras College.
DISCUSSION
The submitted Plat of Survey of Lubben Place requires review and approval by the
Zoning Advisory Commission and City Council as Lot 1 has 2,083 square feet of lot
area and Lot 2 has 2,190 square feet of lot area where 3,000 square feet of lot area is
required by the R-2 Zoning District. The existing duplex is in compliance with the
setback requirements for the R-2 District; however, the building is grandfathered in in
terms of lot area and number of off-street parking spaces. The splitting of the lot into
two townhome units does not increase the non-conformity of property but maintains the
status quo in terms of lot coverage and number of off-street parking spaces.
Planning staff has no objection to the proposed submitted Plat of Survey as splitting of
the lot will not increase the number of dwelling units in the area, nor will it negatively
impact adjacent property. The splitting of the lot facilitates the sale of the structure as a
two-unit townhome.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission recommend approval
of the submitted Plat of Survey of Lubben Place subject to waiving lot area
requirements for Lot 1 and Lot 2.
KLK/mkr
Attachments
f:\users\mrettenb\wp\commissions\zac\lubben place plat of survey zac memo.doc
Section 2—Land Use Regulations Article 5: Zoning Districts
5-3.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-3.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-3.7 Bulk Regulations
R-2 Residential
.-
Permitted Uses
Place of religious exercise or 20,000 100 40 20 -- 20 20 75'
assembly,School
Single-family detached dwelling 5,000 50 40 20 50 6 20 30
p du max) 3,000/du 25/dU 40 20 '610 20/0 30 f
Two-family dwelling 6,000 50 40 20 50 6 20 30
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Hospice 5,000 50 40 20 -- 6 20 30
Licensed adult day services, 5,000 50 40 20 --- 6 20 30
Licensed child care center
Mortuary,funeral home,or 20,000 100 40 20 --- 20 20 30
crematorium
l Maybe erected to a height not exceeding 75 feet,provided that such buildings shall provide at least one additional foot of
yard space on all sides for each additional foot bywhich such building exceeds the maximum height limit of the district in
which itis located.
* See Section 3-17 for adjustment of minimum front yard setbacks.
- ------------------ -------
-' Re aired Rear -' — tMidpoint
Property Line f q I Height
15etback_
Shed RooF
' Lot Width Qx� Buildable Area Midpoint
' —�1 IUk Height
rq
N
Gable or HipRoof
I / Deckhne
' Height
Mea Required Pron Mansard or Gambrel Roof
5eWack 'Highest Level
I--Lot Prontage� He,ght
Street 5treet
1 Flat Roof
DUB- E
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 15-16
RESOLUTION APPROVING THE PLAT OF SURVEY OF LUBBEN PLACE IN CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Lubben Place in the city of
Dubuque, Iowa; and
Whereas, said Plat of Survey provides 2,083 square feet of lot area for Lot 1 and 2,190 square
feet of lot area for Lot 2, where 3,000 feet of lot area is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; 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 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code is waived to allow 2,083 square feet of lot area for Lot 1 and 2,190 square feet
of lot area for Lot 2.
Section 2. That the Plat of Survey of Lubben Place 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 Plat of Survey.
Passed, approved and adopted this 19th day of F
Attest:
Kevin S. Firns ahl,(Gity Clerk
ru:ry, 2016.
Ric . Jones or Pro I m
Plat of Survey of:
LUBBEN PLACE,
in the City of Dubuque, Iowa
NOTE
THIS SURVEY IS COMPRISED 0F: LOT 1-817 & LOT 2-818 OF A.
McDANIEL'S SUBDIVISION OF TOWN LOTS, IN THE CITY OF DUBUQUE, IOWA
AND
LOCATED IN THE SW1/4 OF SECTION, 24, T89N, R2E (DUBUQUE TWP) OF
THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
9LJ 4.35'(4.33')
Lp6P• '6 6 •tk5y95 1 61�
N 00L • i
2.
6.94,-.1�� 51
26 6� 4-1 e5
9, 1
.04'
.67'
0' 10'
SCALE:
LOT 2-817
5.06'
.28'
2.01'(2')
.88'
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUOUE, IOWA PHONE: (563) 556-4389
20'
2
3.88'
is
it•
LOT 819
O'.
11.89'
90
10'
1.95'
"5
s
63cF�
"-b" stl\-1.77'
•
8,1
20'
40'
LEGEND
•
•
O
ROW
-DLO -DLO -
6.t,5 -c-1 A�.� 155
s ,$l 63501
94613951
9,5A , E 3631
�
�
- 29 6 1
66 ^29N 66 h6 6200 5
LOT 821
�O 0 \ teaO\� \ tP
'7,
S �\ 0
1.5" IRON SQUAREa17 O.+„\ PIPE IS 0.56' NORTH �. O✓ OF ROW CORNER NLO. O
sn. \ O.
9761
\
CP.
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srn_ \ OtL
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THIS IS AN ASSUMED
BEARING FOR THE PURPOSES
OF THIS SURVEY ONLY.
LOT 820
SEE DETAIL
ABOVE
Rpt/
ypT
00
LOT 819
LOT 1-8 18
J
CP
CP
SF
FOUND 1.5" IRON PIPE
(UNLESS OTHERWISE NOTED)
FOUND 1/2' ROD W/YELLOW CAP #14417 /
PLACED CUT X
PLACED 5/8" IRON REROD W/ORANGE
PLASTIC CAP MARKED "KOELKER 15487"
SURVEYED BOUNDARY LINE
PROPERTY LINE
RIGHT OF WAY LINE
DIMENSION LINE ONLY
BUILDING FOOT PRINT
SQUARE FEET
•
0'
N
\00 OJ
\p LOT 798
"73\C-7-,
O�
-a63
O O
02
LOT 800
,1l
MAGNAIL , 1101 p`V,I
s. 1- 5'(. ly0
/ 66116 PR�\NGpN NOTES
6a62000l
�o01
(6
0' 30' 60'
SCALE: 1" = 60'
120'
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT 1-817 & LOT 2-818 OF A. McDANIEL'S SUBDIVISION:
K & L PROPERTIES OF IOWA, LLC 2721 STEWART AVE WINTHROP, IA 50682
3. SURVEYED REQUESTED BY: BRICE LUBBEN / K & L PROPERTIES OF IOWA, LLC
4. TOTAL AREA OF PERIMETER SURVEYED IS 4,273 SF.
5. THIS PLAT I5 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
`\\A5\III9 I ISI I IDIU////4
TERRY L
KOELKER eA
15487
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME
OR UNDER MY DIRECT PERSONAL SUPERVISION AND TIAT 1 AM A DULY
LICENSED LAND SU ) UNDER THE LAWS OF THE ,STATE OF IOWA.
TERRY L. K4 K R (DATE)
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2015
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2
113UEASIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, IA
(563) 856-4389
DRAWN BY: JCH CHECKED BY: TLK
SURVEY DATE: 12/01/15 PLOT DATE:12/08/15
DWG. N0. 15267-01 SCALE: SEE ABOVE
SHEET 1 OF 3
Sheet 2 of 3
Surveyors Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following
real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
Lot 1-817 & Lot 2-818 of A. McDaniel's Subdivision of Town Lots, in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known
as LUBBEN PLACE, in the City of Dubuque, Iowa. Total area of LUBBEN PLACE is 4,273 square feet.
Total area of LOT 1 is 2,083 square feet. Total area of LOT 2 is 2,190 square feet. All Lot areas are, more or
less, and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of
record, the plat of which is attached hereto and made a part of this certificate.
BY: c,u.y. MG✓C-
Terry L. Koelker
Licensed Land Surveyor
License No. 15487
Dubuque, Iowa
/ I /s //d --
Date
License Renewal Date: 12/31/15
Owner's Consent
, 201J
The foregoing Plat of Survey of: LUBBEN PLACE, in the City of Dubuque, is made with the free consent and
in accordance with the desires of the undersigned owner and proprietor of said real estate.
K & L PROPERTIES OF IOWA, LLC
Ken Kehrli, Member & Manager
,00
Brice bben Member & Manager
State of Iowa
County of Dubuque ) ss:
On this 1( IZi day of ' .AMM , AD 2017, before me, the undersigned, A Notary Public
in and for the State of Iowa, personally appeared Ken Kehrli & Brice Lubben, both Members & Managers of K
& L PROPERTIES OF IOWA, LLC, to me personally known, who, being by me duly sworn, did say that they
are both Members & Managers of said LLC by authority of its Board of Directors, and that said Ken Kehrli &
Brice Lubben, as Members & Managers acknowledge the execution of said instrument to be the voluntary act
and deed of said LLC by it and by him, voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
9,6)0114) A . U,(A 14,a4 --
N tary Public in and for the State of Iowa
My Commission Expires'7'l
City of Dubuque Zoning Advisory Commission
Dubuque, Iowa
Sheet 3 of 3
Tis%. 6 , 2016>
The foregoing Plat of Survey of: LUBBEN PLACE, is hereby approved by the Dubuque Planning and Zoning
Advisory Commission and approval of said plat by the City Council of the City of Dubuque is hereby
recommended.
City of Dubuque Zoning Advisory Commission
By:
01'64 -Chairperson
Aafie
City of Dubuque, Iowa
Dubuque, Iowa
Ric W. Jones, Mayor Pro -Tem
The undersigned, Roy-B-BeerMayer, and Kevin Firnstahl, Clerk, of the City of Dubuque, Iowa, do hereby
certify that the foregoing Plat of Survey of: LUBBEN PLACE, as appears heretofore has been filed in the
office of the City Clerk of Dubuque, Iowa on Jan . 19 , 2016 as resolution No. 15-16 and
that the City Council of the City of Dubuque, Iowa approves said plat.
Jan. 19
, 2016,
Dubuque, Iowa
Mayer -o
Mayor
Clerk of the
City Assessor's Certificate
y of Dubuque
201
The foregoing Plat of Survey of: LUBBEN PLACE, in the City of Dubuque, Iowa was entered of record in the
Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above.
City Assessor of the City of Dubuque, Iowa
County Auditors Certificate
Dubuque, lowa ,201
The foregoing Plat of Survey of: LUBBEN PLACE, in the City of Dubuque was entered of record in the Office
of the Dubuque County Auditor this day of 201 .
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
Recorders Certificate
Dubuque, Iowa , 201
The foregoing Plat of Survey of: LUBBEN PLACE, in the City of Dubuque has been reviewed by the Dubuque
County Recorder.
Dubuque County Recorder