Lot 1 will use an existing residential access off of North Cascade Road. Lot 2 will use an existing field entrance off of North Cascade Road.

Transcription

1 Dubuque County Zoning Commission Minutes of July 17, 2018 Chairperson Jerry Sigwarth called the meeting to order at 6 p.m. 1. ROLL CALL: Members present: Mary Klostermann, John Goodmann, Kevin Soppe, Jerry Sigwarth and Sam Boyes. Members Absent: Leo Gansen & Cathy Caitlin. Staff Present: Tammy Henry and Angela Steffens. 2. APPROVAL OF MINUTES: A motion was made by Ms. Klostermann, seconded by Mr. Soppe, and passed unanimously to approve the minutes of the June 19, 2018 meeting. Vote: PLAT APPROVAL: a) Plat of Survey of Gansen Farm Subdivision Plat 2 Final Plat Plat of Survey of Lot 1 and Lot 2 of Gansen Farm Subdivision Plat 2 comprised of the NW ¼ of the SW ¼ of Section 27 and Lot 1 in the NE ¼ of the SE ¼ of Section 28 all in (T88N-R1E) Vernon Township, Dubuque County, Iowa. The Property is owned by Cyril & Jane Gansen Estate and is located 1.90 miles south of the City of Peosta along North Cascade Road with a total of acres surveyed. The property is zoned A-1, Agricultural and A-2, Agricultural Residential. A rezoning of the property to A-2, Agricultural Residential was approved on ZC# The purpose of the plat is to divide the home and farm buildings to sell to a member of the Gansen family for estate purposes. The survey creates 2 Lots. Lot 1 has a total of 3.03 acres surveyed with a farm home and farm buildings on it and it will be sold to a family member and remain in current use. Lot 2 has a total of acres surveyed and will be sold to a family member and remain in current use. Lot 1 will use an existing residential access off of North Cascade Road. Lot 2 will use an existing field entrance off of North Cascade Road. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley. He said that this property was rezoned recently. The plat is next step to separate the existing home from the crop ground. The crop ground will continue to be rented. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the plat. The motion passed unanimously. Vote 5-0. b) Plat of Survey of Pottebaum Acres-Final Plat Plat of Survey of Lot 1 and Lot 2 of Pottebaum Acres a division of Block 1 of Mary Nicks Farm Section 3, and Lot Section 2, all of (T89N-R2E) Dubuque Township, Dubuque County Iowa. The property is owned by the Shirley Pottebaum estate and is located.28 miles east of the City of Sageville along Timber Ridge with a total of acres surveyed. The property is 1

2 zoned A-1, Agricultural and R-1, Rural Residential. The purpose of the plat is to combine two lots, and reconfigure them into two new lots for estate purposes. The survey creates 2 Lots. Lot 1 has a total of 3.14 acres surveyed with a home and farm buildings on it and it will be sold to Shirley s daughter Jill Bradbery. Lot 2 has a total of acres surveyed and will be sold to Shirley s son Dan Pottebaum who owns the adjacent farm land. Lot 1 will use an existing residential access off of Timber Ridge. Lot 2 will use an existing residential access off of Timber Ridge. Speaking to the Board was Jill Bradbery, Acorn Ln, Dubuque. She said she is purchasing her mother s home and wanted to add additional ground to the lot. The remainder will sold to her brother. Speaking to the Board was Dan Pottebaum, Timber Ridge, Dubuque. Mr. Pottebaum asked if both lots still have separate accesses? Ms. Henry said yes. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the plat. The motion passed unanimously. Vote REZONING CASES: 1. ZC# Douglas & Charissa Vorwald A-1 Agricultural to A-2 Agricultural Residential The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential 2.04 acres more or less, to be allowed to build a new home on the site and plat it off for financing purposes. The property, located.67 miles west of the City of Zwingle along Lambe Road and with access off of Washington Mills Road, is legally described as NW SE Section 34, (T87N-R2E) Washington Township, Dubuque County, Iowa. The property is owned by Douglas & Charissa Vorwald. Zoning in the area includes A-1, Agricultural to the north, south, east and west. M-2, Heavy Industrial to the southeast. The M-2, Heavy Industrial to the southeast on ZC# was to allow for a logging business with outside storage and sales of logs, manufacturing of stakes and sales There are no Special Use Permits attached to this property. Three (3) rezoning notification letters were sent to the property owners and the City of Zwingle was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Douglas & Charissa Vorwald, Washington Mills Rd, Zwingle. Mr. Vorwald said the current home is in the floodplain. They would like to tear down the existing home and build a new home out of the flood plain. They will use the existing driveway to access the new home. 2

3 A motion was made by Ms. Klostermann, seconded by Mr. Goodmann to approve the rezoning with the conditions that 2.04 acres more or less be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural and that the balance of the parcel is not allowed to have another dwelling unless the property is rezoned for that use. The motion passed unanimously. Vote ZC# Lillian M Wessels Estate/ Gary Wessels and Buesing & Associates Inc/ Terry Koelker A-1 Agricultural to A-2 Agricultural Residential The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential 1.5 acres more or less, to separate the home and buildings from the crop ground for estate and platting purposes. The property, located.75 miles east of the City of Dyersville along Dyersville East Road, is legally described as NW SW Section 24, (T89N- R2W) New Wine Township, Dubuque County, Iowa. The property is owned by Lillian Wessels Estate. Zoning in the area includes A-1, Agricultural to the north, south, east and west. A-2, Agricultural Residential to the East. The A-2, Agricultural Residential to the east on ZC# was to rezone 3 acres. There are no Special Use Permits attached to this property. Four (4) rezoning notification letters were sent to the property owners and the City of Dyersville was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Terry Koelker, Buesing & Associates, 1212 Locust St, Dubuque and Gary Wessels Old Paint Ln, Dyersville. Mr. Koelker said he is the surveyor assisting the family on the separation of the current home from the crop ground. Ms. Henry said there was one comment make in regards to this case. David Demmer, Wente Rd, Farley. He stated he has no issues with the rezoning request. A motion was made by Mr. Goodmann, seconded by Mr. Soppe to approve the rezoning with the conditions that 1.5 acres more or less around the existing home be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural and that the balance of the parcel is not allowed to have another dwelling unless the property is rezoned for that use. The motion passed unanimously. Vote ZC# Gerald & Edward Prier and Luke & Tammy Ameskamp A-1 Agricultural to R-2 Single Family Residential The applicants are requesting to rezone from A-1, Agricultural to R-2, Single Family Residential 1.5 acres more or less, to be allowed to build a single family home on the site. The property, located.75 miles east of the City of Dyersville along Prier Road, is legally described as SE SE (except meets/bounds description found on instrument # ) Section 33,(T89N-R2W) New Wine Township, Dubuque County, Iowa. The property is owned by Gerald & Edward Prier Trust. Zoning in the area includes A-1, Agricultural to the south, north, east, and west. R-1, Rural Residential to the south. R-2, 3

4 Single Family Residential to the north and to the south. B-1, Business to the north. B-2, Highway Business to the south. The R-2, Single Family Residential to the north on ZC# was to rezone 2 acres for a single family home. The R-2, Single Family Residential to the north on ZC# was to allow for residential use. The R-2, Single Family Residential to the south on ZC# was to rezone 16 acres to allow for a residential development. The B-1, Business to the north on ZC# was to allow for a commercial warehouse. The B-2, Highway Business to the south on ZC# was to rezone 6.7 acres from A-1, Agricultural to B-2, Highway Business for a sales business and to rezone 2.2 acres from A-1, Agricultural to R-2, Single Family Residential to bring two non-conforming home sites into compliance. There are no Special Use Permits attached to this property. Ten (10) rezoning notification letters were sent to the property owners and the City of Dyersville was notified. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Luke & Tammy Ameskamp, Prier Rd, Dyersville. Mr. Ameskamp said they current rent a home a half mile away from the rezoning request site from Edward & Gerald Prier. They would like to rezone this property to be able to build their own home. Ms. Henry said that there was 3 comments submitted in regards to this case. A comment was submitted from Charles & Janet Prier, Prier Rd, Dyersville. They said that there is a dry creek that runs through our yard and part of the new rezoning area. We have had thousands of dollars of damage to our basement. Furnace, water heater, carpeting, furniture, walls, stored items were all destroyed. Water continues to sit in the ditch past our house and down to the entrance to the farm field. I am sure there is probably flat grass somewhere down there right now after the heavy rain of late. I have called Dubuque County within the last 10 years and told them so but by the time they came out the water had already receded. I am afraid if they disrupt the lay of the land now and the heavy grass and brush are removed we may have water problems again. Over $10, was spent tiling our property by Spoden Construction according to the land layout. We have had to dig up our driveway which had a culvert and add tiling. A sump pump hole and motor were also installed in our basement. We have not had a problem since. We are on the down hill slope of this rezoning property. We are too old and do not think we can live through a water problem again. If we have any water problem with this rezoning, and I m confident we will, we will hold the zoning committee personally responsible. I beg you to PLEASE reconsider this zoning request. A comment was submitted from Chris Prier, Prier Rd, Dyersville. He said that he is concerned about the potential runoff from the new home being built. Also, they should speak to the neighbors Charlie & Janet Prier. A comment was submitted from Mary & Jeff Huberty, Prier Rd, Dyersville. Ms. Huberty said they live across from the property and heavy rains already cause their driveway to wash out. Also, that Charlie & Janet Prier will be given problems and already have existing water problems on the property. They think that the Ameskamp s should 4

5 build their home on the other end of the property because there are deer & turkey trails, which, will make them have to move. Mr. Ameskamp said that the 1 ½ acre lot will allow them to build their home further up the hill away from Charlie & Janet Prier. The water issue in the area happened about 10 years ago when the City of Dyersville had a flood. The current waterway would be to the east of their property. Ms. Henry said an Entrance Permit was applied for. The Board of Supervisor s will hear the entrance on Monday, July 23, 2018 to obtain a variance regarding spacing between driveways. Mr. Ameskamp said the new home would be up the hill from the neighbors. They will also keep the trees along the road. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the rezoning. The motion passed unanimously. Vote ZC# Richard & Bonnie Sigwarth A-1 Agricultural to A-2 Agricultural Residential The applicants are requesting to rezone from A-1, Agricultural to A-2, Agricultural Residential 4.80 acres more or less, to allow for the construction of 2 new homes on the Sigwarth Farm to expand the current family member s involvement in the farming operation and provide a dwelling for the next generation. The property, located 2.48 miles northeast of the City of Holy Cross along Ridge Road, is legally described as SE NW Section 10, (T90N-R1W) Concord Township, Dubuque County, Iowa. The property is owned by Richard & Bonnie Sigwarth. Zoning in the area includes A-1, Agricultural to the south, north, east, and west. There are no Special Use Permits attached to this property. Five (5) rezoning notification letters were sent to the property owners. Comprehensive Plan Policy Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 122 Objective 12.7 may apply to this case. Speaking to the Board was Dave Schneider, Schneider Land Surveying, st St N, Farley and Dick Sigwarth Coffee Hill Rd, Holy Cross. Mr. Schneider said Mr. Sigwarth s brother would like to build off of the family farm along the Ridge Road. They would also like the additional lot for future family members to live near and assist with the farm operation. Speaking to the Board was Leon Sigwarth James Rd, Holy Cross. Mr. Sigwarth handed out to the Board a map showing the property owned by the Sigwarth family in Dubuque County. Between Richard & Bonnie Sigwarth and Leon & Laura Sigwarth there is roughly 389 acres. Their family is part of a heritage farm off of James Road that accounts for 189 acres. That farm will become part of an LLC for the Sigwarth s children to keep in family. They current have two homes near the requested rezoning area. They plan to share a well and it will keep the homes close to preserve farm ground. It will keep the homes in one central area. 5

6 Ms. Klostermann asked if there is any intent to remove any of the existing homes? Mr. Dick Sigwarth said no. Mr. Sigwarth said regarding a recent rezoning the Board added additional lots to the conditional by not allowing development on adjacent lots. Ms. Klostermann said the issue would be that the adjacent ownership is not Mr. Dick Sigwarth s but it is his parent s property. Mr. Schneider said the Sigwarth s have no issues with adding a condition to no further homes on additional lots. Mr. Sigwarth said he used to rent the ground where they plan to place the proposed homes. He said that is not the best farm ground it has a lot of rock. Mr. Goodmann said he understands what the Sigwarth s are trying to do. He just wants to make sure they put conditions on additional lots to restrict further development. Ms. Klosterman asked if the two proposed homes would also share the existing well? Mr. Sigwarth said yes. Mr. Schneider said you can have 4-6 homes on a shared well. The two proposed lots will have a shared access. Speaking to the Board was Leon Sigwarth, James Road, Holy Cross. He said they do have enough acreage to build on different parts of the farm but this is the logical place. It has a well and it will keep the homes in the same central location to preserve farm ground. Ms. Klostermann asked Mr. Leon Sigwarth if he had any concerns if they added a condition that no additional homes could be added on an adjacent lot owned by him? Mr. Sigwarth said he had no issues with that. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the rezoning with the conditions that 4.8 acres more or less be rezoned to A-2, Agricultural Residential for two additional homes only and the remainder will stay A-1, Agricultural and that the balance of the parcels are not allowed to have another dwelling unless the property is rezoned for that use. The motion passed unanimously. Vote ZC# Royal Oaks Development Corporation and Jag Properties LLC B-2 Highway Business to M-1 Industrial The applicants are requesting to rezone from B-2 Highway Business to M-1 Industrial 5.8 acres more or less, to allow for Light Manufacturing, Warehousing and Contractors Offices. The property, located adjacent to the City of Dubuque along Wood Gate Drive and Havenwood Heights, is legally described as Lot 1 Miller Place No. 2 and Lot 3 Miller Place No. 2 all in Section 23,( T88N-R2E) Table Mound, Township, Dubuque County, Iowa. The property is owned by Royal Oaks Development Corporation. Zoning in the area includes A-1, Agricultural to the south, north, and east. R-1, Rural Residential to the west and north. R-2, Single Family Residential to the north and east. M-1, Industrial to the north and east. M-2 Heavy Industrial to the north and east. The M-1, Industrial to the north on ZC# was to allow for rezoning for industrial use. The M-1, Industrial to the east on ZC# was to allow for a Miller Logging Company. The M-2, Heavy 6

7 Industrial to the north on ZC# was to allow for a 30,000 gallon propane tank. The M-2, Heavy Industrial to the east on ZC# was to allow for a fuel storage plant. There has been a rezoning of this property on Zoning Case # to rezone 39 acres from A-1, Agricultural to B-2, Highway Business. There are no special use permits attached to this property. Seven (7) rezoning notification letters were sent to the property owners and they City of Dubuque was notified. Comprehensive Plan Policy Chapter 7, Economic Development page 105 Objectives 3.4 and 3.7 Chapter 12 Land Use page 179 Objectives 4.2 and 5.1 may apply to this case. Speaking to the Board was Jason Germaine, 9216 Rt. 52 S, Dubuque. He said he is the owner of Jag Properties. He owns the current building that is attached to the property requesting to be rezoned. He would like to rezone the property to be able to put up additional buildings to for contractors and warehousing. Mr. Germaine said he keeps his properties well maintained and kept up. He plans to build two additional buildings to lease. Ms. Klostermann said that the Board is rezoning the entire property which allows a lot a variations of businesses in the M-1, Industrial zoning district. She understands Mr. Germaine s intent for the property, but if the property were sold, it would continue to be M-1. Mr. Germaine said that the neighboring properties are zoned either M-1, Industrial or M-2, Heavy Industrial. Mr. Goodmann said that this property is along the southwest arterial corridor and it makes sense to have the properties uniformly zoned along that area. A motion was made by Mr. Goodmann, seconded by Mr. Soppe to approve the rezoning. The motion passed unanimously. Vote c) Plat of Survey of Miller Place No. 3-Final Plat Plat of Survey of Lot 1 and Lot 2 of Miller Place No. 3 a division of Lot 3 of Miller Place No. 2 in the NW ¼ Section 23, (T88N-R2E) Table Mound Township, Dubuque County, Iowa. The property is owned by Royal Oaks Development Corporation and is located adjacent to the City of Dubuque at the corner of Havenwood Heights and Wood gate Drive with a total of 9.9 acres surveyed. The property is zoned B-2, Highway Business and has a pending on ZC# to rezone Lot 2 to M-1 Industrial. The purpose of the plat is to split off a 2.39 acre lot to sell to Jag Properties to allow for additional Light Manufacturing, Warehousing and Contractors Offices. The survey creates 2 Lots. Lot 1 has a total of 7.51 acres surveyed and will remain in current ownership and use. Lot 2 has a total of 2.39 acres surveyed and will be sold to Jason Germaine. Lot 1 will have access off of Havenwood Heights. Lot 2 will use an existing 66 private access off of Wood Gate Drive. 7

8 Speaking to the Board was Jason Germaine, 9216 Rt. 52 S, Dubuque. He had nothing else to add. Everything was discussed with the rezoning request. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the plat. The motion passed unanimously. Vote ZC# William & Tracy Birch A-1 Agricultural to R-2 Single Family Residential The applicants are requesting to rezone from A-1, Agricultural to R-2, Single Family Residential 3.90 acres more or less, to get a non-conforming property into compliance. The property, located adjacent to the City of Dubuque along Ginger Ridge is legally described as Lot 2-A Block 1 Mettel-Larches Addition Section 02, (T89N-R2E) Dubuque Township, Dubuque County, Iowa. The property is owned by William & Tracy Birch. Zoning in the area includes R-1, Rural Residential to the southwest and to the north. R-2, Single Family Residential to the west. R-3, Single Family Residential to the north, east and south. C-1, Conservancy to the southwest. There are no Special Use Permits attached to this property. Forty Four (44) rezoning notification letters were sent to the property owners and they City of Dubuque was notified. Comprehensive Plan Policy Chapter 12 Land Use page 179 Objective 3.5 and Chapter 9 Agricultural and Natural Resources page 134 Objective 3.1 and Chapter 8 Housing page 120 Objective 7.4 and 122 Objective 12.3 may apply to this case. Speaking to the Board was Bill & Tracy Birch, Dixie Dr, Dubuque. Mr. Birch said they currently own a home off of Dixie Drive. They recently purchased a property with a home off of Ginger Ridge. They would like to separate the current home off of Ginger Ridge and add the balance of their existing lot off of Dixie Drive. Mr. Soppe asked Mr. Birch if he would have access to his property off of Ginger Ridge once the split is complete? Mr. Birch said yes. There will an access easement off of Ginger Ridge to access the back side of the property. Ms. Klostermann asked if they were rezoning the entire piece? Ms. Henry said yes they are rezoning the entire piece because it is non-conforming. Mr. Sigwarth asked if anyone wished to speak in favor or against this case? Speaking to the Board was Sharon & Charles Trenholm, Ginger Ridge, Dubuque. They asked Mr. Birch if planned to develop his lot off of Ginger Ridge? Mr. Birch said he bought the property to make sure no one built a home near him. He said he has no intentions to develop the lot. Mr. Threnhom said they were told that a road would be cut through Ginger Road as a cut though road to Tanzanite. A motion was made by Mr. Soppe, seconded by Ms. Klostermann to approve the rezoning. The motion passed unanimously. Vote d) Plat of Survey of Birch Place- Final Plat 8

9 Plat of Survey of Lot 1 and Lot 2 of Birch Place a division of Lot 3 of Bryan Place and Lot 2 of Lot A of Block 1 of Mettel-Larches Addition all in Section 2, (T89N-R2E) Dubuque Township, Dubuque County, Iowa. The property is owned by William & Tracy Birch and is located adjacent to the City of Dubuque along Dixie Drive and Ginger Ridge with a total of acres surveyed. The property is zoned A-1, Agricultural and R-2, Single Family Residential. The property is being rezoned to R-2, Single Family Residential on ZC# The purpose of the plat is to combine two lots and reconfigure them into two lots to enlarge the lot size for the home on Dixie Drive and sell the home with one acre on Ginger Ridge. The survey creates 2 Lots. Lot 1 has a total of 9.58 acres surveyed with a home and will remain in current ownership and use. Lot 2 has a total of 1 acre with a home and it will be sold. Lot 1 will use an existing residential access off of Dixie Drive. Lot 2 will use an existing residential access off of Ginger Ridge. Speaking to the Board was Bill & Tracy Birch, Dixie Dr, Dubuque. They said there would be an easement off Ginger Ridge to be able to maintain the back of their lot. A motion was made by Ms. Klostermann, seconded by Mr. Soppe to approve the plat. The motion passed unanimously. Vote OLD BUSINESS: Update on Previous Zoning Cases Ms. Henry said that Cyril & Jane Gansen Estate & Judy Callahan requesting A-1, Agricultural to A-2, Agricultural Residential was approved. The Mary Weidemann & MGV Corporation from R-2, Single Family Residential to B-1, Business was also approved by the Board of Supervisors as recommended. 6. NEW BUSINESS: Elections A motion was made by Mr. Goodmann, seconded by Ms. Klostermann to appoint Mr. Gansen as the Chairperson. The motion passed unanimously. Vote 5-0. A motion was by Mr. Soppe, seconded by Ms. Klostermann to appoint Ms. Caitlin as the Vice-Chairperson. The motion passed unanimously. Vote PUBLIC COMMENTS: None 8. ADJOURNMENT: A motion was made by Mr. Goodmann, seconded by Mr. Soppe to adjourn the meeting. The motion passed unanimously. Vote: 5-0. The meeting ended at 7:45 p.m. 9