Zoning 840 Roosevelt R. DavisPlannLng Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678
planalng~gcityofdubuque.org
April 8, 2002
RE: Rezoning
Applicant:
Location:
Description:
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Randy Davis
840 Roosevelt Street
To rezone property from 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, stating he requested the rezoning to allow
him to acquire a dealer license and open a used car lot. He noted he has owned the
property for six years, and has operated Davis Towing at the site as a legally non-
conforming use.
Staff reviewed the zoning enforcement history of the property and surrounding zoning
and land use. Staff noted that auto repair, towing and a mobile home have been
ongoing legally non-conforming uses at this location.
Three neighboring property owners spoke in opposition to the rezoning request,
indicating that the uses allowed by the CS district would adversely impact their property,
new ho.uses have been built in the area, and a used car lot is not appropriate.
The Zoning Advisory Commission discussed the request, noting that the property is
adjacent to an odd intersection with three streets and that a used car lot could adversely
impact adjacent property. The Commission also felt the allowed uses in the CS Distdct
were too intense for the neighborhood.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Rezoning - 840 Roosevelt
April 8, 2002
Page 2
A simple majority vote is needed for the City Council to concur with the denial. A three-
fourths majority vote is needed to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
City of Dubuql
Planning Services Departm~
Dubuque IA 52001-48~
Phone: 319-589-42
Fax: 319-589-41,
PLANNING APPLICATION FORM
[] Vadance
[] Conditional Use Permit
[] Appeal
c Special Exception
[3 Limited Setback Waiver
XRezoning
[] Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
D Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
Fax Number:.
Mobile/Cellular Number.
Phone:
State:-.~'?~ Zip:
£?o-17
Applicant/Agent: Phone:
Address: City: State: __ Zip:
Fax Number: Mobile/Cellular Number:
Site location/address: F/~/~
Existing zoning: R--/ Pro~s~ zoning: d S Historic distr,~: I/O Landmark:
Legal description (S/dwell Parcel ID number or lot number/bilk number/subdMsion): /~-/~ --
Total property (lot) area (square feet or acres): /~,, 0 0 0 Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
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. Alt additional ;/q./~./~.~w~d graphic materials are attached.
Property Owner(s):~/ ~
Applicant/Agent:
Date:
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL~ CHECKLIST
Fee:<~:=7~..~:~. c~ Received by: I~'~/~.'~-~,/'~, Date: ~,/zTL-[ ~'7 _ Docket:
[] Property ownership list [] Site/sketch plan [] Floor plan [] Plat [] Conceptual development plan
a Improvement plans [] Design review project description [3 Photo [] Other:
3t
~4
0
~9
I have been in the automotive business for the last 18 years. Ihave been
operating at this location for 6 years. As the property owner, I am requesting a
zoning change to expand my present business.
Prior to my being here the property was an automotive business for at least 25
years. There has been other auto industry in the area for at least 50 years; Boyes
Auto Wrecking is directly across the street. I do not feel a clean, respectable auto
sales lot would depreciate from the neighborhood. I would appreciate the rezoning
committee to give thig some serious consideration. I have also contacted Officer
Stacey Rockwell of the Iowa DOT, upon preliminary conversation, this property
will fulfill all the requ'rrements to facilitate an auto dealerst~p.
Thank you
HI
SALEM ST
Proposed Area to be Rezoned
Applicant: Randy Davis
Location: 840 Roosevelt Street
Description: To rezone property
from R-1 Single-Family Residen-
tial District to CS Commercial
Service and Wholesale District.
Proposed Area
to be Rezoned
REZONING STAFF REPORT
Zoning Agenda: April 3, 2002
Property Address:
Property Owner:
Applicant:
840 Roosevelt Road
Randy Davis
Randy Davis
Proposed Land Use: Commercial/Residential
Proposed Zoning: CS
Existing Land Use: Commercial/Residential
Existing Zoning: R-1
Adjacent Land Use:
North - Industrial
East - Single-Family Residential
South - Single-Family Residential
West - Multi-Family Residential
Adjacent Zoning: North -HI
East- R-1
South - R-1
West -PR
Former Zoning:
1934 - County; 1975 - R-2; 1985 - R-1 Total Area:14,000 sq.ft.
Property History: The property was annexed to the City in 1979. The City Building
Department and City Assessor's records for this property are incomplete; however, it
appears that the property served as a commercial garage site sometime before its
annexation in 1979. The property has served as an auto repair shop and a towing
service in the past, and is currently a towing service. There is also a legally non-
conforming mobile home on the property.
Physical Characteristics: The subject property is an approximately 14,000 square foot
triangular-shaped lot, bounded by Salem Street, Roosevelt Road, and public alley right-
of-way. A portion of the lot slopes steeply from Salem Street down to Roosevelt Road.
There is approximately 20 feet of grade change on the subject property.
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: Iowa Department of Transportation 1997 annual average
daily traffic counts indicate 4,300 vehicle trips per day directly north of the
intersection of Roosevelt, Salem Street and Peru Road.
Public Services: Existing public services are adequate to serve the site.
REZONING STAFF REPORT
Page 2
Environment: Staff does not anticipate any adverse impact to the environment
because the property has been continually used as a commercial use.
Adjacent Properties: If fully developed, some of the uses permitted in a CS District
may have a negative impact on those residential properties that lie to the south and
east of the subject property.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 14,000 square
foot parcel located at the intersection of Roosevelt Road, Salem Street and Peru Road
from R-1 Single-Family Residential zoning district to CS Commercial Service district. At
the time the subject property was annexed to the City it was a commercial contractor's
building. Various activities have been undertaken at this location, including auto repair
and auto towing service. There is also a legally non-conforming mobile home on a small
portion of the lot that is accessed from Salem Street. If the rezoning request is
approved, this residence would remain a non-conformity.
Because this property is currently zoned R-l, it is limited to the legal non-conforming
commercial uses of auto repair and towing service. The applicant would like to develop
an auto sales lot, which is not an existing non-conformity and, therefore, requires a
rezoning. The range of uses permitted in a CS District may have additional impacts
primarily on the adjacent residential properties. This is also a relatively small (14,000
square foot) lot with access close to the intersection of Peru Road and Roosevelt
Street.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hall Telephone: 5894210
ORDINANCE NO. -02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 840 ROOSEVELT
FROM R-1 SINGLE FAMILY RESIDENTIAL 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) is hereby amended by
reclassifying the hereinafter described property from R-1 Single-Family Residential
District to CS Commemial Service and Wholesale District, to wit:
Lot 179, Lot 180 and Lot 181 of O'Neill Addition to north of Dubuque, and to
the centerline 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
,2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F, Schneider, City Clerk
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 April 15, 2002, in the
Public Library Auditorium, 360
West 11th Street, to consider
amending Appendix A (the_
Zoning Ordinance) of the City
of Dubuque Code of Ordi-
nances by rezoning hereinaf-
ter described property located
at 840 Roosevelt Street from
R-1 Single -Family Residential
District to CS Commercial
Service and Wholesale Dis-
trict, as requested by Randy
Davis. (Copy of supporting.
documents are on file in the
City Clerk's 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.
/s/Jeanne F. Schneider, CMC
City Clerk
-It 4/6
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, AM h^ ab'. FELDMANN 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 r f I
, 20 C , and for which the charge is $ / . 5 5
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this g day of 20 0 02—
Notary Public in and for Dubuque County, Iowa
14,04' 6 e, I MARY K. WESTERMEYER
Commlealon Number 154885
awe My Comm. Exp. FEB. 1, 2005