Zoning - Ansels 2001 Rockdale RPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
planning@citdubque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50W. 13th Street
Dubuque IA 52001
RE:
Applicant:
Location:
Description:
Mamh 11, 2002
Rezoning
Dennis & Lori Ansel (referred from City Council)
2001 Rockdale Road
To rezone property from C-1 Neighborhood Commercial District and R-1 Single-
Family Residential District to CS Commercial Service and Wholesale District.
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, indicating that the requested rezoning has been scaled
back to provide a buffer area between the proposed CS zoning and surrounding R-1 Single-Family
zoning district.
Staff reviewed the history of zoning actions on the property and noted surrounding zoning and land
use.
There were two people who spoke in opposition to the request, indicating that some of the allowed
uses in the CS district would adversely impact the value and enjoyment of their residential
properties.
The Zoning Advisory Commission discussed the request, noting that the CS distdct does allow
some intense land uses, that the surrounding residential property owners have invested in their
properties with the knowledge that subject property was zoned C-1 ,and that a rezoning to CS may
adversely impact adjacent property.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council deny the
request.
A simple majority vote is needed for the City Council to concur with the Zoning Advisory
Commission's recommendation to deny. A super majority vote is necessary for the City Council to
approve the request.
Respectfully submitted
Eugene Bird, Jr., Chairperson mr
Zoning Advisory Commission
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 7, 2002
TO:
FROM:
RE:
Zoning Advisory Commission
Laura Carstens, Planning Services Manager
City Council Referral
Rezoning Request of Dennis and Lori Ansel, 2001 Rockdale Road
On February 4, 2002, the City Council tabled their public hearing on the rezoning
request of Dennis and Lori Ansel, 2001 Rockdale Road,
The Ansels have modified their original rezoning request, originally seen by the
Zoning Advisory Commission in October, 2000, The modified request is for a
smaller area to be rezoned from C-1 and R-1 to CS. The background information
is attached.
At their public hearing, the City Council received the enclosed letter from Michael
and Michelle Malone, 1999 Rockdale Road, in opposition to the rezoning.
The City Council has referred the Ansels' rezoning request to the Zoning Advisory
Commission, and asks that you consider: 1) the smaller area and 2) the results
of the dispute resolution process between the Ansels and the Malones.
/km
Endosures
D'A'G'I'9
AG
N
Proposed Area to be Rezoned
Applicant: Dennis & Lori Ansel
(referred from City Council)
Location: 2001 Rockdale Road
Description: To rezone property from C-1
Neighborhood Commercial Distdct and
R-1 Single-Family Residential District to CS
Commercial Service and Wholesale
District.
Proposed Area
to be Rezoned
L~O~
January 29, 2002
1999 Roekdale Road
Dubuque, IA 52003
The Honorable Mayorand City CouncilMembers
City of Dubuque
City Hall 50 West 13th Street
Dubuque, IA 52001
Dear Mayor and City Council Members:
This correspondence is in response to the Public Hearing scheduled February 4, 2002,
regarding the rezoning request of Dennis and Lori Ansel of their business property at 2001
Rockdale Road from C-1 and R-1 to CS Commercial Service and Wholesale District.
We continue to be in opposition of said property to be rezoned to CS District.
At the recommendation of the Dubuque City Council on October 16, 2000, we met with the
Ansels on November 28, 2000, utilizing the Dubuque Dispute Resolution Center. We
discussed issues regarding our joint access easement, vehicle parking and driving along the
easement. The Mediation was productive in regard to the easement and parking/driving
issues. We did not agree upon CS rezoning at that time and have not been approached nor
shown plans from the Ansels regarding the rezoning. It was indicated that this should have
been initiated by the Ansels in the memorandum dated November 30, 2000 from Laura
Carstens, which we received with the memorandum from Michael Van Milligen dated
January 16, 2002. The two other adjacent single-family homeowners, at I991 and 2033
Rockdale Road, who also reported being against the rezoning at the October 2000, City
Council meeting, have not been approached by the Ansels regarding plans at any time.
We understand and empathize with the Ansels, running a family business within the city
limits, but are not in favor of the rezoning. This is based on the long list of permitted uses in a
CS District if the Ansels would ever sell their business property. They are trying to be good
neighbors but we cannot be assured of this in the future with rezoning.
The said property is also surrounded on three sides by single-family homes, with the fourth
side being Rockdale Road. Based on these factors, the Zoning Advisory Commission voted
6-0, recommending the City Council deny the CS rezoning request in October 2000.
We need to protect the monetary and esthetic value of our property adjacent to said property.
Thank you for your time and consideration in this matter. If you have any questions, please
feel flee to call us at 563-556-8647.
Respectfully
Michael J Malone Michele A. Malone
cc: Planning Services
MEMORANDUM
January 16, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Rezoning Request of Dennis and Lori Ansel - 2001 Rockdale Road
At the October 16, 2000 City Council meeting, Council Members tabled the rezoning
request of Dennis and Lori Ansel of 2001 Rockdale Road, and recommended that the
Ansels meet with the Malones (the adjacent property owners) and address outstanding
issues through the Dispute Resolution Center. Council members stated that if an
agreement was reached, the Ansels' public hearing should be reopened. Subsequently,
the Ansels and Malones met and have reached an agreement regarding a joint access
easement and vehicle parking between their properties. Also, the Ansels have decided
to reduce the area requested to be rezoned, and have created a 55-foot buffer on the
south and west sides of their property, and have moved the northern boundary
approximately 120 feet south so as not to rezone behind the adjacent residence at 1991
Rockdale Road.
Planning Services Manager Laura Carstens is bringing this information back to the City
Council for further consideration.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 28, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Rezoning request of Dennis and Lori Ansel, 2001 Rockdale Road
INTRODUCTION.
This memo provides an update to the rezoning request of Dennis and Lori Ansel, which
was tabled by the City Council, to allow the applicants and their neighbors to resolve
their disputes.
COMMISSION ACTION
At the original Zoning Advisory Commission meeting in October 2000, the applicants
spoke in favor of their request, noting that a rezoning will allow them to store customer
vehicles that are towed to the shop. Mr. Ansel indicated that he was willing to screen
vehicles so that the neighboring property owners cannot see them. Staff reviewed the
enforcement history, the surrounding land use and zoning, and conditions applied to the
property when the Zoning Board of Adjustment approved a conditional use permit.
Two people spoke in favor of the request at the Commission's public hearing. Owners
of the adjacent property spoke in opposition to the request, citing concerns regarding
the long list of permitted uses in the CS District, incompatibility of vehicle storage with
the single-family homes in the neighborhood, and issues regarding a shared driveway.
A letter of support and letter of opposition were filed with the Commission as well.
The Zoning Advisory Commission discussed the request, noting that there are single-
family homes on either side and the rear of the subject property and that while CS
zoning is applied to property across Rockdale Road, CS zoning is not appropriate at
this location. At that time, by a vote of 6-0, the Zoning Advisory Commission
recommended that the City Council deny the request.
RECOMMENDATION
Corporation Counsel Barry Lindahl has advised that because the rezoning request was
heard at a public hearing and was tabled, the public hearing could be reopened by the
City Council at a future meeting. He stated that the City is not obligated to renotify the
neighbors, but he recommended renotiflcation.
Rezoning Request of Dennis and Lori Ansel
December 28, 2001
Page 2
After dispute resolution between the Malones and the Ansels was concluded, and after
discussions with City Planning staff regarding the concerns of adjacent property
owners, the Ansels have decided to reduce the area requested to be rezoned. The
attached map indicates the reduced area, and illustrates that the Ansels have created a
55-foot buffer on the south and west sides of their property, and have moved the
northern boundary approximately 120 feet south so as to not rezone behind the
adjacent residence at 1991 Rockdale Road.
COUNCIL ACTION
At the October 16, 2000 City Council meeting, Council members tabled the request and
recommended that the Ansels meet with the Malone's (the adjacent property owners)
and address outstanding issues through the Dispute Resolution Center. Council
members stated that if an agreement was reached, the Ansels public hearing should be
reopened. Subsequently, the Ansels and Malones met and have reached an
agreement regarding a joint access easement and vehicle parking between their
properties.
LC/mkr
Attachments
CC;
Eugene Bird, Jr., Zoning Advisory Commission Chairperson
Dennis and Lori Ansel
Michael and Michelle Malone
Ansel Rezoning Request
2001 R0ckdale Road
Malone
Property
55' Buffer
Ansel Propety
Proposed rezoning
02033
5O
100 Feet
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 30, 2000
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Ansel Rezoning - Rockdale Road
There appears to be progress in the mediation of the Ansel dispute with the neighbors in the
Ansel Rezoning case. Therefore, we are not yet ready to put this hearing back on the Agenda.
Miclael C. Van Milligen
MCVM/jh
Attachment
cc:Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 30, 2000
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Caratens, Planning Services Manager
SUBJECT: Rezoning Request of Dennis and Betty Ansel, 2001 Rockdale Road
This memo provides a status report on the rezoning request of Dennis and Betty Ansel. They own
Ansel's Auto Service, 2001 Rockdale Road. This business is an enfomement case in which the
Ansels have sought re. zoning to CS Commercial Service to bring their business into compliance.
At their October 16, 2000, public hearing, the City Council tabled this mzoning request, and
recommended that the Ansels mediate with their neighbors, the Malones, to try to resolve their
issues with the rezoning request. At the City Council's direction, I referred the Ansels to the
Dubuque Dispute Resolution Center (DDRC) to initiate mediation themselves. The Ansels were
asked to make progress in 30 days in resolving this dispute, or their request would be placed back
on the City Council's agenda for a vote.
I designated Sue Brennan as the Department contact for this case with the Ansels and the
Malones: Sue has maintained contact with the Ansels and the Human Rights Department
regarding the mediation process. She noted that the Ansels contacted the DDRC in October, but
as is often the case with the DDRC, it takes some time to find a mediator.
In the afternoon on November 28, the mediator met with Guy Hemenway about the zoning issues.
On the evening of November 28, the Ansels and the Malones mediated their dispute.
Sue talked with the Human Rights Department on November 29 and November 30, who reported
that the easement issue has been resolved, which is a positive step. They also reported that
everyone agreed to meet again, after Mr. Ansel draws up another plan to revisit the zoning issues.
Sue also talked with Mr. Ansel on November 29 and November 30, and said he felt that the
mediation was productive. Mr. Ansel would like to meet next week with Guy about the zoning
issues, so that he can develop a plan to review with the Malones and another neighbor. He
indicated that he wants to do what is acceptable to everyone. He agreed to discuss his options
privately with his neighbors before this case goes back to the City Council.
The Ansels are making progress, and would like the time and opportunity to meet again with their
neighbors before rescheduling this rezoning request on the City Council's agenda.
If you have any questions, please let me know.
cc Susan Brennan, Zoning Enforcement Officer
Guy Hemenway, Assistant Planner
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax {319) 589-4221
October 11, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant: Dennis and Lori Ansel
Location: 2001 Rockdale Road
Description: To rezone property fromC-1 Neighborhood Commercial District and R-1 Single-Family
Residential District to CS Commercial Service and Wholesale District
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, noting that request will allow him to store customer
vehicles that he tows to his shop. Mr. Ansel indicated he was willing to screen vehicles so that
neighboring property owners can't see the vehicles. Staff reviewed enforcement history, surrounding
land use and zoning, and conditions applied to the property when a conditional use permit was
approved by the Zoning Board of Adjustment.
Two people spoke in favor of the request. Owners of two adjacent properties spoke in opposition to
the request, citing concems regarding the bng list of permitted uses in the CS District, incompatibility
of vehicle storage with the single-family homes in the neighborhood, and issues regarding a shared
driveway. A letter in support and a letter in opposition were filed with the Commission as well.
The Zoning Advisory Commission discussed the request noting that there are single-family homes on
either side and to the rear of the subject property and that while CS zoning is applied to property
across Rockdale Road, CS zoning is not appropriate in this location.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the
request.
A super 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 Responsibility Innovation Teamwork
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2001 ROCKDALE
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT AND C-1
NEIGHBORHOOD COMMERCIAL DISTRICT TO CS COMMERCIAL SERVICE
AND WHOLESALE DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District and C-1 Neighborhood Commercial District
to CS Commercial Service and Wholesale District, as shown in Exhibit A, and to the
center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of ,2000
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
F:\USERS\MELINDA\WP\COUNCIL\ORD\2001ROCK.ORD
EXHIBIT
R-1
Proposed area to be rezoned
gisproj\planning\kay\ansel.apr
City of Dubuque
Planning Services Depar'dment
Dubuque IA 52001--4864
Phone: 319-589-4210
Fax: 319-589-4149
[] Variance
[] Conditional Use Permit
[] Appeal
:: Special Exception
m Limited Setback Waiver
PLANNING APPLICATION FORM
,~ Rezoning
[2 Planned District
[] Preliminary Plat
u Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
u Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
PropertyOwner(s):, Dennis W. Ansel and Lori J. Ansel Phone: (319)588-1370
Address: 420 Valeria City: Dubuqu~ State: IA Zip:. 52001
Fax NumbeF. Mobile/Cellular Number:
Applicant/Agent; Phone:
Address: City: State: __ Zip:
Fax Number: Mobile/Cellular Number:.
Site locat[on/address: 2001 Rockdale Road, Dubueue, IA 52003
Existing zoning: residentil~posed zoning:Co~ercia:]Historic district: Landmark:
Legal description (Sidwell Parcel ID number or lot numbedblock number/subdivision): Lot 2 of Colonial
Place in Table Mound Township, Dubuque. County, Iowa
Total property (lot) area (square feet or acres): 2. 295 Acres Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if ed): (see attached)
CERTIFICATION: I/we. the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
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.
'Property Owner(s): /~-gd.'~.,;.,--'j ~ ,"~/~,~-- Date: 7' -.~/' tlc
Applicant/Agent Date:
~?¢:,~.- , ~ FOR OFFICE USE ONLY- APPLICATION SUBMITTAL CHECKLIST
Fee: ~ Received by: ~l..m-ff -~E.~4c,!,.,...-jDate: (~3/I,D/~Ddi> Docket:
[] Property ownership list '~J;CSite/sketch plan [] Floe? plan [] Plat [] Conceptual development plan
[] Improvement plans [] Design review project description [] Photo [] Other: ~"~.~E~ .
July 31, 2000
City. of Dubuque
Planning Services Department
Dubuque, IA 520014864
To Whom It May Concern:
We are requesting to rezone the property directly behind the C-1 commercial building at 2001 Rockdale
Road for the use of parking of customer cars that will be or have been repaired at our repair shop. And also
the parklng of personal vehicles used for business.
We have been located at this location for over 15 yehrs and have had no problems with operating our
business and parking vehicles on the said property until January 1999 when complaints from an unknown
source started to occur. The vehicles parked behind the commercial building can not be seen fi-om the
sweet in front of the building. The only way of seeing these parked vehicles is driving up a private roadway
along side the building that only one other family has an easement to drive on.
This is a family small business and in order for us to continue operating as a towing and repair shop it is
much needed for us to have the property rezoned for commercial use.
We were unawure ora Conditional use permit Rat was issued for this property in 1981 until complaints
were made and we received a letter from the City of Dubuque in January, 1999.
We would be willing to build a storage building or install a privacy fence to enclose some of the parking
area. If there is any further questions that I can answer for you please contact me at (319) 588-1370.
Thank you.
Sincerely,
Dennis W. Ansel
NO. 0°
FILEC! FOR RECORD
I.P. :~ IRON PIPE
.SCALE I~" 100'
CURVE DATA
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P.T;= 70+ 89.5
-~ = 42.* 03'
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CI3UN '1~'., IOWA
REZONING STAFF REPORT
Zoning Agenda: October 4, 2000
Property Address:
Property Owner:
Applicant:
2001 Rockdale Road
Dennis and Lori Ansel
Dennis and Lori Ansel
Proposed Land Use: Auto Repair
Proposed Zoning: CS
Existing Land Use: Auto Repair
Existing Zoning: R-l/C-1
Adjacent Land Use:
North, South, East and
West - Residential
Northeast - Commercial
Adjacent Zoning: North,
South, East and West - R-1
Northeast - CS
Former Zoning:
1934 -County; 1975 - County; 1985 - C-1
Total Area: 1 acre
Property History: The subject property is approximately one-acre of a two-acre parcel
along Rockdale Road that was annexed to the City in 1979. At the time of annexation,
there.was an existing small (1,800 sq. ft.) busi'ness building at the property's eastern
boundary directly adjacent to Rockdale Road. Immediately after annexation, the property
was rezoned to R-1 Single-Family Residential and then to C-1 Neighborhood Commercial.
At the time of annexation, the business was a construction contractor's shop,
In 1982, the property owner applied for a conditional use permit to change from one non-
conforming use to another, to allow an auto body and glass shop in a C-1 District. The
Zoning Board of Adjustment approved the conditional use permit with the conditions that: 1)
the hours of operation be limited from 7:30 a.m. to 7:30 p.m.; 2) that no outside storage be
permitted; 3) that no vehicles be left in front of the building for more than one night; and 4)
that the parking lot be striped and constructed to City standards. Subsequently, the
property was purchased by the current owner and converted from auto glass installation to
auto body repair.
On January 26,1999, the business owner was issued a notice of violation for storage of
equipment, vehicles and materials outside of the building on the lot in violation of the
conditional use permit. The storage also sprawled beyond the C-1 zoning district boundary
line onto the portion of the property that is zoned R-1 Single-Family Residential. The
Planning Services Department has stayed further enforcement action until dispensation of
the applicant's request for a rezoning to make auto repair, including the outside storage, a
permitted use.
Physical Characteristics: The property consists of an approximately one-acre portion of a
two-acre parcel that has multiple zoning. There is an existing small 1,800 square foot
business building which is zoned C-1 Neighborhood Commercial zoning district. The bulk
of the property is zoned R-1. The property slopes steeply uphill from Rockdale Road
directly behind the auto repair shop. There is a single-family residence directly north of the
subject property. There is another single-family residence west of the subject property that
has an access easement along an existing driveway through the subject property.
REZONING STAFF REPORT Page 2
Concurrence with Comprehensive Plan: The Comprehensive Plan makes no
recommendations for this property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Rockdale Road is a collector street. Traffic volumes from the
1993 IDOT traffic study show 2770 vehicle trips on Rockdale Road north of the
intersection of Old Mill Road, which carries traffic volumes of 2950 vehicle trips. This
intersection is approximately 650' north of the subject property.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided and storm water is adequately handled
as part of the site plan review process.
Adjacent Properties: The subject parcel is partially screened from adjacent residential
property; however, one residence is directly adjacent to the auto repair shop and
another residential property's access easement runs alongside the shop and past the
outdoor storage area.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an existing non-conforming auto
repair shop from C-1 Neighborhood Commercial zoning district and R-1 Single-Family
Residential zoning district to CS Commercial Service zoning district. The property is
located in a mixed-use area with several businesses along Rockdale Road, but is primarily
surrounded by residential properties. There is a property located across Rockdale Road
and to the north of the subject property that was rezoned from C-1 to CS in 1997 to permit
expansion of a similar non-conforming auto repair shop.
Rockdale Road has no curb and gutter and is paved to a width of 20 feet along the subject
property. There is, therefore, unlimited access to Rockdale Road from vehicles parked
along the front of the auto repair shop. It appears that vehicles parked in front of the auto
repair shop are tocated partially on public right-of-way.
Staff recommend that the Commission review Section 6-1.1 of the City of Dubuque Zoning
Ordinance regarding zoning reclassifications.
Prepared by: Reviewed:
N
R-1
R-1
~ Proposed area to be rezoned
Applicant: Dennis and Lori
Ansel
Location: 2001 Rockdale Road
Description: To rezone property
from C-1 Neighborhood Com-
mercial District and R-1 Single-
Family Residential District to
CS Commercial Service
and Wholesale District.
Dubuque, lowa 52001-4864
NOTICE OF VIOLATION
January 26, 1999
Mr. Dennis Ansel
2001Rockdale Road
Dubuque, lA 52003
Dear Mr. Ansel
The City Assessor's records indicate that you are the owner of the property 2001
Rockdale Road. The property currently is zoned C-1 Neighborhood Commercial District
[Section 3-3.1] and R-1 Single-Family Residential District [Section 3-1.1]. Auto
service/repair/body shop is not a permitted use in an R-1 Single-Family Residential
zoning district and specifically is prohibited in an C-1 Neighborhood Commercial
District [Section 3-3.1(C)(1)]. When you located the business at 2001 Rockdale
Road in 1981, the property was zoned R-1 Single-Family Residential District.
Because Cn auto body shop was not allowed in an R-1 district at the time you located
your business there, it was necessary for you to obtain a Conditional Use Permit from
the Zoning Board of Adjustment. Your business was issued a Conditional Use Permit
to operate as an auto body and glass shop on August 20, 1981. A copy of the
minutes of this meeting is attached.
One of the conditions of the conditional use permit specifically states that ...."no
outside storage" ...is allowed.
The Planning Services Department has received a complaint that vehicles, junk and
salvage have been placed on your lot in violation of the condition outlined above. A
site inspection on January 19, 1999, and a series of aerial photographs of your
property indicate that this is the case. An aerial photo of the property is included with
this letter.
2001Rockdale Road
Page 2
To reach compliance with the condition listed in the Conditional Use Permit issued on
August 20, 1981, you must remove all the stored vehicles, junk and salvage from your
property and discontinue using your lot for illegal storage. Failure to comply with this
Order within 30 days of receipt of this notice will result in the issuance of a Citation,
court Costs and.a fine without any additional warning or correspondence. The
minimum fine is $250.00 per day for each day the violation continues to exist.
If you have any questions regarding this letter, please contact me at 589-4210.
Sincerely,
Guy Hemenway
Assistant Planner
cc Susan Brennan, Zoning Enforcement Officer
GH/dd
l~l~lUO County Bo~d of Zoning
· Ms..Anne'O'Shea'
Dubuo~ue .C~uaty Courthou.~
I am writing this l~te~ to express my SUplx~ for Mt. Dennis Aizsel operati~/g n small business
· in ~ Roekdide vicinity, f ~uideva~d ~ .Mr. A~s.d is e~tiem:ing, difficulti~s relative to
can n°t be em!t~t~l.sttor~-lY ~ough. I hi~e observ~el the cam piu-k~ jn the ~ of hi~.shop
a~d a~,. not. ~=~.- ~ ~a ~ a,n,i~te.~y p/~e. ms in.~ area. ~r~ ~ ~/~s t~.s~p and.
l~:k. igg area a/~onterly as pos?able. '
· lv~r. A~t has COnducted ~bu.y, in~s oix this ~ite' for twelve.years.. It is very diff~ult to think lhat '
he m.ust mlot~e 9t. reduce th~' slze of his lm~i~,s bec~us~ of ~mlng is~. Thee am 6the~
businesses ~n the ~mmediate an~ Arno timed61 feel that.~y offi~ l~ple ~m~tin8 to earn
· a.l'.n~ m th~s area should i~ constricted bY eqmcm~s ~onmg orcli~ees ~nfl complaints..
tot your'kind comifler~tion.'
Sincerely yo~'s, -'
Shirley ~, f0rmerly"of 47~1 l¢~_ey Station
Now a resident of 1225 Rlmmber~ Aye
C~TY OF DUBiX~UE
SEP ~ 9 2000
LAW OFFICES OF ~ ~
REYNOLDS & KENLINE, L.L.P.
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM 3'. MAIERS
CHADWYN D. COX*
MARK L SULLIVAN
JEFFREY L. WALTERS
PAULA M. STENLUND**
JENNIFER A. CLI~MENS
]OHN T. NEMMERS
TODD N. KLi~PATAUSKAS
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail :rkenliae@mwci.nct
January 19, 1999
Uames A. Trannel, Esq.
Hughes and Tranne!, P.C.
1154 Iowa Street
Dubuque, IA 52001
RE: Ansel/Malone
Dear Mr. Trannel:
I have spoken with the Ansels regarding your January 12, 1999
correspondence. My clients have taken every step available to them
to insure that the 18 foot wide easement for a road allowing
ingress and egress to the Malone property has been available to the
Malones. My clients have placed "no parking" signs along the
roadway and reminded customers on a regular basis that the roadway
is not to be used for parking purposes. At a maximum, your clients
have been inconvenienced for a short period of time on just a few
occasions. While my clients will continue to do what they can to
insure the availability of the easement to your clients, we would
appreciate some cooperation from the Malones as well.
One of my clients' primary concerns is that with the increased
traffic along the easement/roadway, the safety of the Malone~ and
of the Ansels' customers is of the utmost importance. My clients
are investigating the possibility of installing a few speed bumps
along the roadway, as well as a stop sign at the intersection of
the easement/roadway and the intersecting roadway. As I am sure
your clients are also concerned about the safety of those utilizing
this road, we do not anticipate that they would have any objections
or concerns. We will provide your clients advance notice of the
road work to be performed so as to minimize any inconvenience to
them. It is my understanding that there is another road access to
their farm.which perhaps your clients could use on a temporary
basis during that time period.
James A. Trannel,
January 19, 1999
Page 2
LAW O~'_~'ICES OF
REYNOLDS & KENLINE, L.L.P. '
Esq.
I also would ask that you seek your clients' cooperation with
regard to snow removal in that area. It would be appreciated if
the Malones could plow snow to the opposite side of the road, away
from the parking lot. There have been some occasions when the
parking lot has been plowed shut by Mr. Malone and perhaps if he is
aware of that problem, he can assist in insuring that it does not
happen again.
Please be aware that my clients certainly understand their
obligation with an easement and have taken all reasonable steps in
drder to not interfere with the Malones' privileges. However, some
cooperation from both sides will be required in order for this
relationship to be successful. Perhaps if our clients are unable
to work out their differences in the future, we could sit down and
discuss some particulars to remedy their concerns.
Sincerely,
JAC:jms
cc: Dennis
and Betty Ansel
Jennifer A. Clemens
LEO A. McCARTHY
DAVID L. CLENfENS
Wn ! ~Jd J. MA/ERS
CHADWYN D. COX*
MARK L SULLIVAN
J~-~-F, Ey L. WALTERS
PAULA M. STENLUND**
JENNIFER A. CLEMENS
JOHN T.
TODD N. KLAPATAUSKA$
LAW O~'J~CES OF
REYNOLDS & KF, NLINE, L.L.P.
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) $56-8009
E-Mail:rkenline@mwci.net
January 19, 1999
· Dennis and Betty Ansel
Ansel's Auto Service
2001 Rockdale Road
Dubuque, IA 52003
RE: Malone/Ansel
Dear Dennis and Betty:
The abstract, as well as the original of the letter from Jim
Trannel, is available at the front desk of my office for you to
pick up.
I am attempting to obtain an enlarged version of your plat
from the Recorder's Office to help us discern the exact location of
the easement. Once I do obtain that enlargement, I will forward it
to you and .I would recommend that we look at your property lines
and determine the exact location where the easement is located.
Sincerely, ~. /7 .-
i /,' ,/,: / -'.,.'
JAC: j ms /,,<://
ALFRED E HUGHES
JAMES A TRANF~L
JEFFREY A TRA~NEL
ANTHONYJ. QUiNN
Attorney Jennifer Clemens
222 Fischer Building
Dubuque, IA 52001
HUGHES & TRANNEL, P.C.
AT'i'ORNEYS AT LAW
t154 IOWA STREET
DUBUQUE, IOWA 52001-4818
January 27, 1999
TELEPHONE{319) 557-7360
PJ~: AnselfMalone
Dear Jennifer:
Thank you for your letter of January 19, 1999. I reviewed its contents with my
ctients. They would like me to make known their strong objections to the placement of
speed bumps over the easement that they have been granted. The Malones believe that
Mr. Ansel's.c_oncern over speed is totally unfounded and to place speed bmnps on the
easement would interfere with their free right of ingress and egress.
Beyond that, Mr. & Mrs. Malone are pleased that Mr. Ansel is willing to do what
he can to "insure the availability" of the easement to my clients. As your letter
acknowledges, Mr. Ansel has placed "no parking" signs aloDg the roadway. He has also
positioned railroad ties along tile roadway. Until tile weather improves, we can not be
certain, but there is some possibility that both the signs and the ties are on the easement
itself. This presents a problem in terms of maintenance (snowplowing) and danger to
those using the actual travel part of the easement in inclement weather. It' we are later
able to determine that tile ties and the signs actually are on the easement, we would so
inform you and expect that they would be removed.
Mr. Malone indicates that whenever possible, he plows the snow to the north, or
to the area away fi-om Mr. Ansel's parking lot.
Finally, we feel it should be brought to your client's attention that the part ot'the
easement which was dug up recently, sO that Mr. Ansel could install city sewer to his
building,-needs to be repaired, when the weather permits.
Sincerely,
Hughes & Trannel, P.C.
JAT:jb
cc: Mr. & Mrs. Mike Malone
James A. Trannel
LAW OFFICES OF
LEO A. McCAP. THY
DAVID L. CLEMENS
WILLIAM L MAIER.S
C~L42)~yN D. COX'
N~RK $. SULLIVAN
JEFFREy L. WALTERS
PAULA M. STENLUND**
JENNlt:ER A. CLEMENS
JOHN T. NF.M,MERS
TODD N. k.~--APATAUSKAS
REYNOLDS & L.L.P.
Sbrl'~ 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-M ail:rkenline{~mwci.net
January 28, 1999
Dennis Anset
Ansel's Auto Service
2001 Rockdale Road
Dubuque, IA 52003
RE: Ansel/Ma!one Easement
Dear Denny:
Enclosed please find a copy of the letter that I received from
Jim Trannel. With regard to the speed bumps, it looks like they
would object. You can either run the chance and install the speed
bumps and then run the risk that the Court might inform you that
you cannot install them or, in the alternative, we can get
permission from the Court ahead of time.
My Primary concern is the location of the easement. When the
weather clears, then it might be necessary to have someone take a
look at the plat and your property borders and determine where
exactly the easement is to be located to insure that the signs and
railroad ties are not located on the easement. If they are on the
easement, then there is the risk that they create a hazard and
would open you up to potential liability.
Clearly, Mr. Malone is not being very helpful with regard to
the snow plowing. Again, if you want, we can schedule this matter'
for something like a neighborhood mediation or, in the alternative,
file a request with the Court to more specifically identify
everyone's responsibilities. At this time, my recommendation would
be to wait until we can find out exactly where the easement should
be located, according tO the plat, and then make a determination as
Ansel Letter
January 28, 1999
Page 2
LA%V OFFICES OF
REYNOLDS & KENLINE, L.L.P.
however,
Malones,
first.
to what actions we want to take. There may be some expense
involved in having a surveyor stake the location of the easement,
if you plan to affirmatively bring an action against the
it would be my recommendation that we take that step
JAC:clm
Enclosure
CITY OF DUBUQUE
1999RoekdaleRoad
Dubuque, IA 52003
FEB 2 ~ 2002
February22,2002
ZoaingAdvisoryCommission
CityofDubuque
CkyHall- SeeondFloor- 50West 13thStreet
Dubuque, IA52001
Dear Chairperson Eugene Bird and Zoning Commission Members:
This correspondence is in response to the Public Hearing scheduled March 6, 2002,
regarding the rezoning request of Denni~ and Lori Ansel of their business property at
2001 Rockdale Road from C-1 and R-1 to CS Commercial Service and Wholesale
District.
We continue to be in opposition of said property to be rezoned to CS District.
The said property is surrounded on three sides by single-family homes, with the fourth
side being Rockdale Road. The Zoning Advisory Commission voted 6-0, recommending
the City Council deny the CS rezoning request in October 2000, when it was initially
presented.
The two other adjacent single-family homeowners, at 1991 and 2033 Rockdale Road,
have also reported being against the rezoning.
We understand and empathize with the Ansels, running a family business within the city
limits, but are not in favor of the rezoning. This is based on the long list ofpermitted uses
in a CS District if the Ansels would ever sell their business property. They are trying to
be good neighbors but we cannot be assured of this in the future with rezoning.
We implore you to deny the rezoning again despite the reduced area requested. We need
to protect the monetary and esthetic value of our property adjacent to said property.
Thank you for your time and consideration in this matter. If you have any questions,
please feel free to call us at 563-556-8647.
~Y~el J. 'Malone
Michele A. Malone
March 7, 2002
1999 Rockdale Road
Dubuque, IA 52003
TbeHonomb~MayorandCityCouncilMembers
CityofDubuque
CRyHalI-50West 13thS~eet
Dubuque, IA 52001
Dear Mayor and City Council Members:
This correspondence is in response to the Public Hearing scheduled March 18, 2002,
regarding the rezoning request of Deunis and Lori Ansel of their business property at
2001 Rockdale Road from C-1 and R-1 to CS Commercial Service and Wholesale
District.
We live at 1999 Rockdale Road, our property is adjacent to the west of the Ansel
property. We continue to be in opposition of said property to be rezoned to CS District
due to the tong list of permitted uses in a CS District, which would decrease the value of
our home and property.
The Zoning Advisory Commission voted 6-0 in October 2000 and again voted 5-0 March
6, 2002, recommending the City Cotmcil deny the CS rezoning request based on the said
property being surrounded on three sides by single-family homes.
We need to protect the monetary and esthetic value of our property adjacent to said
property.
Thank you for your fane and consideration in this matter. We will be out of town and
unable to attend the hearing on March 18, 2002. If you have any questions, please feel
free to call us at 563-556-8647 and we will return your call as soon as possible.
THOMAS MCKEON
1967 ROCKDALE ROAD, DUBUQU~E, IOWA 52003 - PHONE 563.582.8236
Monday, March 18, 2002
To: All those present or needful in regards to the re-zoning proposal for the property of Denny
Ansel, 2001 Rockdale Road, Dubuque, Iowa, Dubuque County.
Subject: Zoning
Ansel's Garage has been a part of the Rockdale community for over 18 years. Denny has
been a model citizen and community member as well as serving on the County Fair Board.
The presence of his business on Rockdale Road has enhanced the community well-being,
often serving as a community center wherein the days news can be discussed politely by the
neighboring inhabitants.
Denny has always kept his property neat and presentable. He has an area behind his
shop building for storage of towed and project vehicles. This area cannot be seen from the
street or any residence. Denny has always been very conscious of appearances and has worked
hard to keep our neighborhood clean.
Denny Ansel has often helped neighbors with his area of expertise and gotten most of us
out of some pretty tight jams. His property is always clean of snow and debris. He often uses
his plow to help neighbors in the area with snow removal.
The Rockdale Township area is a mixture of business and residential. This has been to
the benefit of all who dwell therein. Business owners with a community conscience like Denny
Ansel should without exception be welcomed in to any neighborhood.
With the re-zoning allowances that have already been afforded other businesses in the
area it would be a discriminating crime to deny this fine business owner what he needs to
operate.
Thomas McKeon, Paula McKeon,
Kate McKeon, Molly McKeon, Myles McKeon
Property Owners
1967 Rockdale Road ~
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that
the Dubuque City Council will
conduct a public hearing at a
meeting to commence at 6:30
P.M. on March 18, 2002, in
the Public Library Auditorium,
360 West 11th, to consider
amending Appendix A the_
Zoning Ordinance) of the City
of Dubuque Code of Ordi-
nances by reclassifying here-
inafter described property
located at 2001 Rockdale
Road from R-1 Single Family
Residential District and C-1
Neighborhood Commercial
District and to CS Commercial
Service and Wholesale Dis-
trict, at the request of Dennis
and Lori Ansel. (Copy of
supporting documents are on
file in the Planning Services
Office Office and may be
viewed during normal working
hours.)
Written comments regarding
above reclassification may be
submitted to the City Clerk's_
Office on or before said time
of public hearing.
At said time and place of
public hearing all interested
citizens and parties will be
given an opportunity to be
heard for or against said
reclassification.
Any visual or hearing im-
paired persons needing spe-
cial assistance or persons
with special accessibility
needs should contact the City
Clerk's Office at (563) 589-
4120 or TDD (563) 589-4193 in
the Human Rights Department
at least 48 hours prior to the
meeting.
Published by order of the
City Council given on the 21 st —
day of January, 2002.
• Jeanne F. Schneider
City Clerk ,
1t 3/9
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a
newspaper of general circulation published in the City of Dubuque, County of
Dubuque and State of Iowa; hereby certify that the attached notice was published
in said newspaper on the following dates (1) C,.
, 20 C, , and for which the charge is $ 4"/ /
J(// 1;,a- ya-r
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this //7 day of-2-7-7,2--z-r---/X.-/ 20 �02
Notary Public in and for Dubuque County, Iowa
iowP
MARY K. WESTERMEYER
Commisslon Number 154885
My Comm. Exp. FEB.1, 2005