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- d.Subdividers and surveyors who have frequent business with the Zoning Department, Zoning Commission, and Board of Supervisors understand the importance of our submittal deadlines and do well to adhere to them. If the Commission advanced a recommendation to the Board of Supervisors, it would be unfair to other applicants with business before the Commission.
- Deny the preliminary plat, or table action on the Preliminary Plat until the next meeting so that the proposed lots created by the plat can be rezoned to a more appropriate “Residential” district allowing for more lenient setbacks, or the PC, “Planned Complex” district, in which setbacks for each lot and proposed structure can be tailored to accommodate the unique onsite characteristics due to topography, vegetation, and other natural features.
- a.Per Chapter 2, Section 22 “Conformance to Dubuque County Zoning Ordinance,”:
- i.“The developer shall have the responsibility to subdivide only lots that do not establish lots that have topographic, dimensional or accessibility characteristics that would restrict the economical development of uses or structures common to the zoning district which applies to the area of the plat. The Board of Supervisors may reject any plat which in their opinion, violates this provision.”
- ii.In particular for Phase 1 (Lots 1, 2, and 3 on the Preliminary Plat), principle structures will likely have difficulty meeting the required R-1 Rural Residential front setback of 80' from the right-of-way of Mootz Street
- iii.Phase 3 also has challenges with topography and vegetation
- iv.Zoning Commission and eventually Board of Supervisors would be within their rights to deny the plat based on 2-22
- v.To be clear, approval of the rezoning is not guaranteed.
- Deny the Preliminary Plat, or table action until the next meeting, with the understanding that the subdivider may resubmit the Preliminary Plat with modifications that will allow for conformance with the R-1 Rural Residential Zoning District.
- a.If the subdivider does not wish to modify the preliminary plat as presented, they can resubmit the plat application and also submit a rezoning request to be considered concurrently.
- Table action on the Preliminary Plat, but still discuss the merits of the Preliminary Plat and provide feedback so subdivider can make changes.
- a.Per Chapter 2, Section 35 of the Subdivision and Platting Ordinance “Presentation to Planning Commission”:
- i.“The Subdivider may present the sketch plan to the Planning Commission for review, prior to incurring significant costs preparing the preliminary or final plat.”
(Staff Report continued on pages 3 and 4)