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            "text": "Page 2 of 2",
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            "text": "Koopman Variance\nNovember 5th, 2025",
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            "text": "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."
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            "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."
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            "text": "Staff comment: This case does not meet the requirement of an unnecessary hardship. The property in question is zoned R-1 Rural Residential. It meets the minimum area and frontage requirements of the district. It is not impossible to put an accessory structure on the property somewhere which would meet required street setbacks."
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            "text": "Additionally, even considering the recent changes to Iowa Code 335.15 (4) as quoted above, development of the property which conforms to the required minimums of the R-1 Rural Residential district has already occurred. The single-family dwelling was built in 2012 and meets the 80' street setback. The applicants have indicated the presence of a leach field to the north of the proposed structure and west of the existing home. If there is in fact a leach field in the location indicated on the applicant's site plan, it likely served an old farmhouse and shop that was torn down prior to installation of a new septic system and construction of the new home. There was a septic system permit application from July 2010 that indicated an existing septic tank would be destroyed, a proposed septic tank would be installed behind the home, and the leach field would be downhill from the tank and home served by a 50' long pipe 4\" in diameter. If the variance site plan is accurate, then the location of the leach field differs significantly from what the Dubuque County Health Department has on file from 2010 to 2012. If the site plan is inaccurate, then there is little justification for granting a variance due to unnecessary hardship or practical difficulty."
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            "text": "SUMMARY AND STAFF RECOMMENDATION",
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            "text": "As presented, this case does not meet the definition of an unnecessary hardship imposed by the Dubuque County Zoning Ordinance, as applicants have already achieved valuable use of the property which conforms with the R-1 Rural Residential district regulations, specifically the minimum 80' street setback. Considering Iowa Code 335.15 (4), there is little to no practical difficulty to justify the granting of a distance variance unless the site plan is accurate and there is a functioning leach field to the west of the home. However, this would represent a deviation from the septic system site plan on file with the Dubuque County Health Department, which shows the entire septic system to the north of the home. Even if the variance site plan is accurate, there is enough room to build a 30' x 60' structure elsewhere on the property."
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            "text": "Unless evidence can be provided to better demonstrate an unnecessary hardship or practical difficulty, zoning staff recommends denial of variance application #BA 11-41-25 as presented."
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            "text": "Respectfully submitted October 30[p5.10.1], 2025",
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            "text": "Ben Kober, Dubuque County Zoning Administrator"
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            "text": "Dubuque County West Campus · 1225 Seippel Road · Dubuque IA 52002 (563) 589-7827 · www.dubuquecountyiowa.gov",
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            "text": "Page 5 of 28",
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