{ "document_id": 11652, "page": 19, "width_pt": 612, "height_pt": 792, "rotation": 270, "pipeline_version": "paddleocr-vl-1.6+paul-48", "engine": "paddleocr_vl", "source_run_id": 11763, "item_count": 11, "counts_by_type": { "footer": 2, "header": 2, "text": 7 }, "build_ms": 2, "items": [ { "id": "p19.1", "order": 1, "type": "header", "bbox": { "l": 66, "t": 754.08, "r": 152.88, "b": 729.84 }, "text": "Burbridge Variance\nNovember 5th, 2025", "attrs": { "block_label": "header" }, "level": 2 }, { "id": "p19.2", "order": 2, "type": "header", "bbox": { "l": 490.32, "t": 755.04, "r": 539.28, "b": 742.56 }, "text": "Page 2 of 3", "attrs": { "block_label": "number" }, "level": 2 }, { "id": "p19.3", "order": 3, "type": "text", "bbox": { "l": 65.04, "t": 705.36, "r": 538.32, "b": 614.88 }, "text": "1-105.3 To authorize upon appeal, in specific cases, such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed, and substantial justice done. The Board shall be satisfied, by the evidence heard before it, that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from special privilege sought by the owner." }, { "id": "p19.4", "order": 4, "type": "text", "bbox": { "l": 66, "t": 603.84, "r": 539.52, "b": 525.36 }, "text": "Iowa Code 335.15(4) Authorize on appeal, in specific cases, such variance from the terms of the ordinance with respect to the area, dimensional, or other numerical limitations as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in practical difficulties to the property owner in making a beneficial use of the property allowed by the zoning ordinance, and so that the spirit of the ordinance shall be observed and substantial justice done." }, { "id": "p19.5", "order": 5, "type": "text", "bbox": { "l": 64.8, "t": 515.04, "r": 526.8, "b": 438.72 }, "text": "Staff comment: This case does not meet the requirement of an unnecessary hardship. The lot in question, Lot 7 of Heritage Ridge Estates, is zoned R-1 Rural Residential. Lot 7 meets the required minimum lot area and minimum lot frontage for the district. While difficult (and potentially cost prohibitive considering the lack of construction on the site for the last 23 years since Heritage Ridge Estates subdivision was recorded), it is possible to develop the lot for residential purposes and meet required setbacks." }, { "id": "p19.6", "order": 6, "type": "text", "bbox": { "l": 65.52, "t": 438.96, "r": 537.36, "b": 336.96 }, "text": "However, per the recent changes to Iowa Code 335.15 (4) as quoted above, development of Lot 7 which conforms to the required minimums of the R-1 Rural Residential district may present some practical difficulty due to topography. The topography of Lot 7 is such that there is a natural drainage channel on the east portion of the lot. Meeting the required 80' minimum street setback would likely result in additional grading and excavation of more of the east part of the lot that faces the Mississippi River to the east. On the east part of Lot 7, there is natural vegetation that can mitigate some stormwater runoff for the entirety of Lot 7, in addition to runoff from the impermeable road surface and neighboring lots. An increase in water runoff is to be expected from new construction on any lot." }, { "id": "p19.7", "order": 7, "type": "text", "bbox": { "l": 66.72, "t": 336.96, "r": 528.72, "b": 273.6 }, "text": "The proposed septic tank also needs to be downhill from the inlet pipe that carries wastewater from the facilities on premises, assuming a gravity fed septic system will be sufficient. The owner has proposed locating the septic tank and leach field north of the home. Building the home to meet the 80' minimum street setback will further restrict the location of the septic system and possibly require extra excavation and grading into a steeper slope on the east part of Lot 7." }, { "id": "p19.8", "order": 8, "type": "text", "bbox": { "l": 66.96, "t": 274.32, "r": 540.96, "b": 134.16 }, "text": "It is worth mentioning some facts which relate to the restrictive covenants of the Heritage Ridge Estates Homeowners Association. To start, it is not the role of the Zoning Department to enforce these covenants, but Zoning staff would generally advise an applicant to meet the covenant requirements before they begin the building permit application. Second, these covenants are valid, having been reaffirmed by the HOA in 2023 before covenants typically expire after 21 years (Iowa Code 614.24), but can be renewed for another 21-year period. Third, Article IV, Section 5 states the following in part: \"no dwelling shall be built in such a location as to block an existing structure's view of the Mississippi River.\" Fourth, Article III outlines the process for a property owner to get approval from the Architectural Review Committee for a proposed dwelling. Section 4 of Article III states that \"no county building permit shall be granted to the lot owner without a statement from the Architectural Review Committee that approved of the architectural design of the future construction.\"" }, { "id": "p19.9", "order": 9, "type": "text", "bbox": { "l": 67.68, "t": 134.88, "r": 535.44, "b": 82.08 }, "text": "To meet the requirements of the restrictive covenants for Heritage Ridge Estates, the applicants submitted construction plans and designs to this Architectural Review Committee. Said Committee has approved those designs, and the applicants have forwarded those written communications that grant said approval to the Zoning Department. Again, it is not the role of the Zoning Department to enforce" }, { "id": "p19.10", "order": 10, "type": "footer", "bbox": { "l": 152.88, "t": 58.8, "r": 456.24, "b": 33.84 }, "text": "Dubuque County West Campus · 1225 Seippel Road · Dubuque IA 52002 (563) 589-7827 · www.dubuquecountyiowa.gov", "attrs": { "block_label": "footer" } }, { "id": "p19.11", "order": 11, "type": "footer", "bbox": { "l": 527.76, "t": 21.84, "r": 593.52, "b": 8.64 }, "text": "Page 19 of 28", "attrs": { "block_label": "number" } } ], "excluded_furniture": { "first": [], "last": [] } }