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TENTATIVE AMENDED AGENDA
DATE: Tuesday, March 17, 2026
DATE: Tuesday, March 17, 2026 TIME: 6:00 PM PLACE: Dubuque County West Campus, 1225 Seippel Road, Dubuque, IA 52002 Join Zoom Meeting https://zoom.us/j/99966958611 Meeting ID: 999 6695 8611 888 788 0099 US Toll-free 877 853 5247 US Toll-free
The Zoning Commission requires that an applicant or representative be present to discuss all plats and zoning cases.
1. Roll Call:
2. Approval of Minutes:
- a) Motion to approve the minutes of the February 17, 2026 meeting
3. Plat Approval:
- Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Kennicker Subdivision – Final Plat Plat Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Kennicker Subdivision comprised of Lot 1 of Kennicker Subdivision, Section 10, T90N, R2E, Peru Township, Dubuque County, Iowa.
- b)
Plat of Survey of Biehl's Subdivision Plat 4 – Final Plat
Plat of Survey of Lot 1, Lot 2 & Lot 3 of Biehl's Subdivision Plat 4 comprised of Lot 2 of Lot 1, Section 4, T88N, R1E, Vernon Township, and Lot 3 & Lot 4, Section 33, T89N, R1E, Center Township, all in Biehl's Subdivision, Dubuque County, Iowa.
4. Rezoning Cases:
- a) ZC#02-05-26 Steve & Dawn Wilwert A-1, Agricultural to A-2, Agricultural Residential (Tabled from the February 17, 2026, meeting)
b) Plat of Survey of Wilwert Farm Subdivision Plat 3 – Final Plat (Tabled from the February 17, 2026 meeting)
Plat of Survey of Lot 1, Lot 2 & Lot 3 of Wilwert Farm Subdivision Plat 3 comprised of Lot 1 of Wilwert Farm Subdivision, Section 25, T88N, R1W, Taylor Township, Dubuque County, Iowa.
- c) Mootz Subdivision - Preliminary Plat
- Old Business: Update on previous zoning cases
- Update on Previous Zoning Cases
6. New Business:
7. Communications:
8. Public Comments:
9. Adjournment:
cc: Board of Supervisors, KDTH/KATF, WDBQ/KLYN, Telegraph Herald, MEDIACOM Cable, Cascade Pioneer-Advertiser, Dyersville Commercial, Buesing & Assoc., Burger Surveyors, IIW, Schneider Land Surveying & Planning, Weber Surveying LLC, ECIA
Dubuque County Zoning Board Zoning Board Meeting Minutes February 17, 2026
Chairperson Dave George called the meeting to order at 6 p.m. Chairperson Dave George, Vice-Chairperson Samantha Boyes, Ron Breitbach, Kathleen Scherrman, Jerry Sigwarth, Steve Davis and Lisa Flanagan.
The Zoning Commission Board met at the Dubuque County West Campus, 1225 Seippel Rd, Dubuque, IA, 52002. You have the option to attend Zoning Board meetings. The County offers Zoom with both audio and video available. Every agenda will include information on how to log in to attend that meeting. Those wishing to attend meetings in person may do so. All Zoning Board official meetings are recorded and available to be viewed at https://www.dubuquecountyiowa.gov/467/Agendas-Minutes
ROLL CALL - Members present: Dave George, Ron Breitbach, Kathleen Scherrman, Jerry Sigwarth, and Samantha Boyes, Steve Davis and Lisa Flanagan. Staff Present: Ed Raber, Ben Kober, Bill Doyle and Amy Schmerbach.
APPROVAL OF MINUTES - A motion was made by Mr. Sigwarth, seconded by Mr. Davis, and passed unanimously to approve the minutes of the January 20, 2026 meeting. Vote: 7-0.
PLAT APPROVAL:
Plat of Survey of Brimeyer Place No. 4 – Final Plat – Representative did not appear - A motion was made by Jerry Sigwarth, seconded by Dave George to hear the case later in the meeting to see if someone would be there to represent the case. The motion passed unanimously. Vote 7-0.
Plat of Survey of Sherrill West Side Fourth Addition – Final Plat – Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Ron Breitbach, seconded by Jerry Sigwarth, to approve the plat. The motion passed unanimously. Vote 7-0.
Plat of Survey of Leslein Place Plat 2 - Final Plat – Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Samantha Boyes, seconded by Jerry Sigwarth, to approve the plat. The motion passed unanimously. Vote 7-0.
Plat of Survey of Genesis Subdivision – Final Plat - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Jerry Sigwarth, seconded by Samantha Boyes, to approve the plat. Steve Davis abstained because the applicant is a client of his and he doesn't want there to be any conflict of interest. The motion passed unanimously. Vote 6-0.
Vote 6-0.
1
Plat of Survey of Bumpster Farm Subdivision Plat 2 – Final Plat - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Kathleen Scherrman, seconded by Steve Davis, to approve the plat. The motion passed unanimously. Vote 7-0.
REZONING CASES:
ZC#02-03-26 Daniel & Sharon Link, A-1, Agricultural to A-2, Agricultural Residential - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Jerry Sigwarth, seconded by Ron Breitbach, to approve the rezoning of 5.57 acres more or less be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural. 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 7-0.
ZC#02-04-26 Hartbecke Farms Inc and Corey & Heather Hartbecke, A-1 Agricultural & A-2, Agricultural Residential Speaking to the Board was Fred Hartbecke owner of Hartbecke Farms Inc. and Corey Hartbecke. A motion was made by Lisa Flanagan, seconded by Steve Davis, to approve the rezoning of 2 acres more or less be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural. 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 7-0.
ZC#02-05-26 Steven & Dawn Wilwert A-1 Agricultural to A-2 Agricultural Residential Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Ron Breitbach, seconded by Samantha Boyes, to table the rezoning request. The motion passed unanimously. Vote 7-0.
Plat of Survey of Wilwert Farm Subdivision Plat 3 – Final Plat - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Ron Breitbach, seconded by Samantha Boye, to table the plat. The motion passed unanimously. Vote 7-0.
OLD BUSINESS:
Ben Kober said the Board of Supervisors approved ZC#01-01-26 Julie L Casey Revocable Trust and Luke Casey A-1, Agricultural to A-2, Agricultural Residential and ZC#01-02-26 Ronald Parker Jr R-1, Rural Residential to R-2, Single Family Residential. He said they also approved the final plat of Stockel Acres.
NEW BUSINESS: Mr. Raber said that we are anticipating much home building in the upcoming year. He said that Bill Doyle put together a map to show us where the development has been happening over the last few years. Bill Doyle said he would share this at the next meeting. Ed Raber said that he hopes to have more information about the Accessory Dwelling Units in the next quarter.
PUBLIC COMMENTS: None
ADJOURNMENT: A motion was made by Samantha Boyes, seconded by Jerry Sigwarth to adjourn the meeting. The motion passed unanimously. Vote: 7-0. The meeting ended at 7:33 p.m.
2
Dubuque County Zoning Plat Memorandum
TO: Dubuque County Planning and Zoning Commission
FROM: Ben Kober, Zoning Administrator, Ben.Kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17th, 2026
RE: Plat of Survey of Lot 1-1 & Lot 2-1 of Kennicker Subdivision – Final Plat
BACKGROUND
Plat of Survey of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Kennicker Subdivision comprised of Lot 1 of Kennicker Subdivision, Section 10, T90N, R2E, Peru Township, Dubuque County, Iowa.
The property is owned by Duane & Brenda Kennicker and is located 3.3 miles north of the City of Sageville along Lovers Lane with a total of 119.04 acres surveyed. The property is mostly zoned R-1, Rural Residential, with some C-1, Conservancy along the north property boundary and creek. The purpose of the plat is to create a lot for the owner's daughter and son-in-law to build a new home.
The plat creates 2 lots. Lot 1-1 has a total of 118.04 acres surveyed and will remain in current ownership and agricultural use. Lot 2-1 has a total of 1 acre surveyed and will be sold to their daughter and son-in-law.
Lot 1-1 will use an existing 30' wide access & utility easement off Lovers Lane. Lot 2-1 will use an a 20' wide access & utility easement and an existing 30' wide access & utility easement off Lovers Lane.
MINOR SUBDIVISION REVIEW
2-31 Classification of Subdivisions
2-31.2 Simple Division. A simple division is a plat of survey that meets the requirements below in paragraph a, b, or c. Any further division or subdivision of property will require a minor or major subdivision plat. A minor and/or major subdivision plat will not be allowed in the C-1, Conservancy or A-1, Agricultural districts without the lots first being rezoned to a conforming zoning district or a Special Permit Use being approved by the Board of Adjustment or a Farm Exemption approved as per Section 1-6 of the Zoning Ordinance of Dubuque County, Iowa.
a. A simple division is any plat of survey in which no new streets, or other rights of way, public or private, are proposed, which does not require the construction of any public improvements, and which contains no more than a total of two (2) lots in the aliquot part-in which the tract or parcel is located in whole or in part.
Page 2 of 3
Staff Comment: Kennicker Subdivision qualifies as a minor subdivision because previous plats of survey created the parcels to be subdivided on the proposed Final Plat.
Chapter 2, Section 37.1 Preliminary Plat Submission (f) "A simple division or minor subdivision without improvements may be submitted without a preliminary plat. However, the Zoning Commission may, in special circumstances where the Commission feels that the final plat does not convey enough information to adequately review the subdivision, move to require additional information or a complete preliminary plat."
Staff Comment: Kennicker Subdivision is a minor subdivision in the R-1, Rural Residential District. The new proposed lot to accommodate a single-family dwelling will use Lovers Lane and easement to provide access. Additionally, a farmhouse on the larger Lot 1-1 has been demolished, so the amount of dwellings using the same driveway is not proposed to increase. Staff recommends moving forward with consideration and recommendation on the Final Plat without first reviewing a preliminary plat.
Chapter 2, Section 51.2 “The Planning Commission shall examine the plat and the report of the Zoning Administrator, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the County, and conforms to the Comprehensive Plan and other duly adopted plans of the County. The Planning Commission shall, within forty-five (45) days of the filing of the plat with the Zoning Administrator, forward a report and recommendation regarding the plat to the Board. If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.”
Staff Comment: Kennicker Subdivision conforms with the Subdivision and Platting Ordinance, as addressed previously.
With respect to the Dubuque County Zoning Ordinance, both lots are zoned R-1 Rural Residential, and both lots meet the minimum area requirements. However, Zoning staff has concerns with Lot 2-1 being developable.
Lot 2-1 does not meet the minimum frontage width requirement of 150'. As depicted on the plat, line L42 is 149.85' long. Being approximately 2" short of the required minimum frontage width may not seem like a significant issue; however, with 118 acres remaining on Lot 1-1, it seems easy enough to meet the required minimum width for Lot 2-1.
There will be an 80' setback from the east property line (L42 on the plat) and a 50' setback from the north, west, and south property lines (L39 at 304.47', L40 at 205.72', and L41 at 222.41' respectively). Establishing the true building envelope for a single family dwelling on Lot 2-1 is important. The lines of the building envelope run parallel to the proposed lot lines of Lot 2-1. This establishes a building envelope with the following dimensions: 49.85' on the east, 174.47' on the north, 105.72' on the west, and 92.41' on the south. In theory this is a buildable area. The topography does not present a challenge to development. However, there is not a lot of flexibility for the location of the structure.
It is possible the Board of Adjustment will be considering variance requests for this property to modify required setbacks. Zoning staff holds the opinion that a home can be placed on the property in conformance with the R-1 district setback requirements: 80' from front, 50' from sides and rear.
With respect to the Dubuque County Regional Comprehensive Plan, there is no rezoning connected to this Minor Subdivision as it is already zoned R-1 Rural Residential. The proposed development on Lot 2-1 would need to be in conformance with the Zoning Ordinance, and this lot meets the minimum area requirements for the R-1 district. Creating an additional lot here does conform with objectives in Chapter
Page 3 of 3
03/17/26
8 “Housing” and is served by existing infrastructure close to an incorporated area. The specific purpose of Lot 2-1 is for the applicant’s daughter to construct a new home.
Finally, consider the Low Volume Local Roads Ordinance, which is triggered whenever more than two homes are proposed to use a shared access. In this case, the applicants have demolished or removed an old farmhouse from the property, leaving one home currently served by the driveway and easement from Lovers Lane. Therefore, the proposed home to be constructed on Lot 2-1 of Kennicker Subdivision will not require the driveway and easement to be widened. There has been some dispute about whether Lovers Lane is a public road or private road. Other property owners in the area have submitted a petition for declaratory judgment and requested that the Iowa District Court for Dubuque County step in and prevent any new development from using Lovers Lane for access, naming Dubuque County as defendants. As of March 11th, zoning staff does not know where this process is at currently, our Department has not been contacted by the Clerk of Court or County Attorney's office to appear in court or provide documentation supporting our position, and County Roads staff has done additional legwork to review County records pertaining to the establishment of Lovers Lane as a county road dedicated to the public. Until the Court intervenes, the applicants have the right to due process and have their plat of survey reviewed by the Zoning Commission and Board of Supervisors via normal procedures in a timely fashion.
SUMMARY AND ACTION REQUESTED
Dubuque County Planning and Zoning Department has provided input regarding this minor subdivision plat, and other than the lot frontage falling short of the 150' minimum width by 2", the plat conforms to the relevant County Ordinances and Comprehensive Plan. Applicants request motion to approve the Final Plat of Kennicker Subdivision. Zoning Department staff recommends approval.
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
54. 2. 2. 2. 2.
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Recorder's Index
Recorder's Index
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Dubuque County Zoning Plat Memorandum
TO: Dubuque County Planning and Zoning Commission
FROM: Ben Kober, Zoning Administrator, Ben.Kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17th, 2026
RE: Plat of Survey of Biehl's Subdivision Plat 4 – Final Plat
BACKGROUND
Plat of Survey of Lot 1, Lot 2 & Lot 3 of Biehl's Subdivision Plat 4 comprised of Lot 2 of Lot 1, Section 4, T88N, R1E, Vernon Township, and Lot 3 & Lot 4, Section 33, T89N, R1E, Center Township, all in Biehl's Subdivision, Dubuque County, Iowa.
The property is owned by the William Lawler Farm Trust and William & Janet Siegert and is adjacent to the City of Centralia and the City of Peosta along Old Highway Road and Sundown Road with a total of 136.926 acres surveyed. The property is zoned A-1, Agricultural. The purpose of the plat is to correct the lot lines.
The plat creates 3 lots. Lot 1 has a total of 22.788 acres surveyed and will remain in current ownership and agricultural use. Lot 2 has a total of 87.837 acres surveyed with a home, grain bins and several agricultural buildings and will remain in current ownership and agricultural use. Lot 3 has a total of 26.301 acres surveyed and will remain in current ownership and agricultural use.
Lot 1 will use existing entrances across the balance of Lot 2 Biehl's Subdivision Plat 3, part of Lot 1 Biehl's Subdivision Plat 3, Lot 1 of the NE of the NE, all in Section 4, and Lot 2 of the NW, Section 3, all in T88N, R1E, Vernon Township, Dubuque County, Iowa, and off Old Highway Road. Lot 2 will use an existing residential entrance and an existing field entrance off Old Highway Road. Lot 3 will use an existing field entrance off Old Highway Road and an existing field entrance off Sundown Road.
MINOR SUBDIVISION REVIEW
2-31 Classification of Subdivisions
2-31.2 Simple Division. A simple division is a plat of survey that meets the requirements below in paragraph a, b, or c. Any further division or subdivision of property will require a minor or major subdivision plat. A minor and/or major subdivision plat will not be allowed in the C-1, Conservancy or A-1, Agricultural districts without the lots first being rezoned to a conforming zoning district or a Special Permit Use being approved by the Board of Adjustment or a Farm Exemption approved as per Section 1-6 of the Zoning Ordinance of Dubuque County, Iowa.
Page 2 of 2
a. A simple division is any plat of survey in which no new streets, or other rights of way, public or private, are proposed, which does not require the construction of any public improvements, and which contains no more than a total of two (2) lots in the aliquot part in which the tract or parcel is located in whole or in part.
Staff Comment: Biehl's Subdivision Plat 4 qualifies as a minor subdivision because previous plats of survey created the parcels to be subdivided on the proposed Final Plat. Additionally, even though the parcels are zoned A-1 Agricultural, this plat can be done as a Minor Subdivision without a rezoning because the property owner qualifies as Farm Exempt per Section 1-6 of the Zoning Ordinance.
Chapter 2, Section 37.1 Preliminary Plat Submission (f) "A simple division or minor subdivision without improvements may be submitted without a preliminary plat. However, the Zoning Commission may, in special circumstances where the Commission feels that the final plat does not convey enough information to adequately review the subdivision, move to require additional information or a complete preliminary plat."
Staff Comment: Biehl's Subdivision Plat 4 is a minor subdivision in the A-1 district. The new lots have access to Dubuque County roads. Staff recommends moving forward with consideration and recommendation on the Final Plat without first reviewing a preliminary plat.
Chapter 2, Section 51.2 “The Planning Commission shall examine the plat and the report of the Zoning Administrator, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the County, and conforms to the Comprehensive Plan and other duly adopted plans of the County. The Planning Commission shall, within forty-five (45) days of the filing of the plat with the Zoning Administrator, forward a report and recommendation regarding the plat to the Board. If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.”
Staff Comment: Biehl's Subdivision Plat 4 conforms with the Subdivision and Platting Ordinance, as addressed previously. With respect to the Dubuque County Zoning Ordinance, the new lots all conform to the minimum lot areas for their respective zoning districts.
With respect to the Dubuque County Regional Comprehensive Plan, there is no rezoning connected to this Minor Subdivision. The three proposed lots are used for agricultural purposes and are Farm Exempt, which meets the oft-mentioned need to preserve agricultural resources in Dubuque County.
SUMMARY AND ACTION REQUESTED
Dubuque County Planning and Zoning Department has provided input regarding this minor subdivision plat, and the plat conforms to the relevant County Ordinances and Comprehensive Plan. Applicants request motion to approve the Final Plat of Biehl's Subdivision Plat 4. Zoning Department staff recommends approval.
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
| RECORDER'S INDEX | |
| LOCATION: | LOT 2 OF LOT 1, LOT 3 AND LOT 4 IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA |
|---|---|
| REQUESTOR: | BILL LAWLER |
| PROPRIETOR: | WILLIAM LAWLER FARM TRUST DATED AUGUST 19, 2025 AND WILLIAM SIEGERT AND JANET SIEGERT |
| SURVEYOR: | DAVID P. SCHNEIDER |
| SURVEYOR COMPANY: | SCHNEIDER LAND SURVEYING AND PLANNING, INC. |
| RETURN TO: | DAVID P. SCHNEIDER P.O.BOX 128 FARLEY, IOWA Ph#563-744-3631 daves@yousq.net |
FINAL PLAT BIEHL'S SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA OT 2 OF LOT 1, LOT 3 AND LOT 4, ALL IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA
TOTAL AREA 136.926 ACRES TOTAL -2.704 ACRES ROAD 134.222 ACRES NET
SURVEY DESCRIPTION – S SUBDIVISION PLAT 4. DBUQUE
BIEHL'S SUBDIVISION PLAT 4, DUBUQUE COUNTY, IOWA LOT 2 OF LOT 1, LOT 3 AND LOT 4, ALL IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE N89°54'22"W, 335.38 FEET TO THE NORTHEAST CORNER OF LOT 2 OF LOT 1 IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA; THENCE S01°34'39"W, 2236.37 FEET ALONG THE EAST LINE OF SAID LOT 2 OF LOT 1 TO THE CENTERLINE CURVE OF OLD HIGHWAY ROAD; THENCE WESTERLY, 42.95 FEET ALONG SAID CENTERLINE CURVE HAVING A RADIUS OF 1527.89 FEET, CONCAVE TO THE NORTH, A CENTRAL ANGLE OF 1°36'38" AND A CHORD WHICH BEARS S81°10'27"W, 42.95 FEET TO THE CENTERLINE OF SUNDOWN ROAD; THENCE S01°34'40"W, 881.45 FEET ALONG THE CENTERLINE OF SUNDOWN ROAD TO THE SOUTHEAST CORNER OF SAID LOT 2 OF LOT 1; THENCE N88°50'30"W, 1319.94 FEET ALONG THE SOUTH LINE OF SAID LOT 2 OF LOT 1 TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 88 NORTH, RANGE 1 EAST OF THE 5th P.M., DUBUQUE COUNTY, IOWA; THENCE NO1°32'19"E, 3099.90 FEET ALONG THE WEST LINE OF SAID LOT 2 OF LOT 1 TO THE NORTHWEST CORNER OF THE NORTHWEST FRACTIONAL QUARTER OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 4; THENCE S89°54'22"E, 375.48 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 33 AND THE SOUTHWEST CORNER OF LOT 3 IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA; THENCE NO0°15'13"W, 1337.48 FEET TO THE NORTHWEST CORNER OF LOT 3 IN SAID BIEHL'S SUBDIVISION; THENCE S88°46'12"E, 1332.00 FEET TO THE NORTHWEST CORNER OF LOT 4 IN SAID BIEHL'S SUBDIVISION; THENCE S00°03'05"W, 1311.04 FEET ALONG THE EAST LINE OF SAID LOT 4 TO THE POINT OF BEGINNING, CONTAINING 136.926 ACRES, WHICH INCLUDES 2.704 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
<table><tr><td>I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa.</td></tr><tr><td>Date: 2/23/2026</td></tr></table>
David P. Schneider P.L.S. P14417 Date: My license renewal date is December 31, 2027. Pages or sheets covered by this seal: SHEETS 1, 2, & 3
SCHNEIDER Land Surveying &
Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Ph# 563-744-3631 daves@yousq.net
Project: 2353DBQDAV Survey Date: 2/17/2026 Sheet: 1 of 10
LOT 2 OF 1, LOT 3 AND LOT 4, ALL IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA Survey Date: 2/17/2026
LOT 2 OF LOT 1, LOT 3 AND LOT 4, ALL IN BIEHL'S SUBDIVISION, DUBUQUE COUNTY, IOWA Survey Date: 2/17/2026
Sheet: 3 of 10
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Zoning Map Biehl's Subdivision Plat 4 Owners - William Lawler Farm Trust and William & Janet Siegert Parcel Numbers - 14-04-100-003, 09-33-300-004 and 09-33-300-005 Sections 4 & 33 Vernon & Center Townships Dubuque County Zoning Commission Hearing Held on March 17, 2026 Page 19
1225 Seippel Road, Dubuque, Iowa 52002
REZONING MEMORANDUM
x1 = 1/2
TO: Dubuque County Zoning Commission
FROM: Ben Kober, Zoning Administrator, ben.kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17th, 2026
RE: ZC#02-05-26: Steve & Dawn Wilwert A-1, Agricultural to A-2, Agricultural Residential
BACKGROUND
The applicants are requesting to rezone 2.551 acres from A-1, Agricultural to A-2, Agricultural Residential. The purpose of the rezoning is to allow the applicants to sell the existing farm home and farm buildings.
The property is owned by Steve and Dawn Wilwert. Surrounding land uses are predominately agricultural with some single-family residential and institutional uses in the unincorporated hamlet of Placid. Zoning in the area is A-1, Agricultural and some R-3 Single-Family Residential.
The property is located 2.5 miles south of Epworth along Placid Road and its intersection with Pleasant Grove Road East and is legally described as Lot 1 of Wilwert Farm Subdivision, Section 35, Taylor Township, Dubuque County, Iowa.
There are no previous zoning cases or special use permits attached to this property.
REZONING PUBLIC HEARING- CONFORMANCE WITH DUBUQUE COUNTY ORDINANCES
1-15.2 “A-1” Agricultural District “The A-1 Agricultural District is intended to conserve farmland for agricultural use well into the future and to serve as a “holding” zone to prevent premature development of land, which could impact the orderly and efficient development of the cities and urbanized areas in Dubuque County. Farmland is one of the County’s most valuable resources. Conserving farmland can help conserve energy, prevent urban sprawl, control public investment in infrastructure, maintain open space and rural character, and reduce conflicts between farming and non-farming uses. The A-1 district allows primarily farming uses and could allow some additional uses that, under special circumstances, may be appropriate in the agricultural district through a Special Use Permit. A zoning change from A-1 to another district should be done in conformance with the comprehensive plan as needs justify the change and when the specific areas can be adequately served by roads, utilities and public infrastructure and facilities.”
Staff comment: The current A-1 designation of the land in question is appropriate. There are 158 contiguous acres owned by the Wilwerts, which make up the existing farm operation, and the majority is used for agriculture.
Page 2 of 3
1-15.3 “A-2” Agricultural Residential District “The A-2 Agricultural Residential District is a floating zone intended to allow very limited residential use in primarily agricultural areas of the County. It is intended to preserve as much farmland for agricultural use as possible, without creating a precedence for future residential subdivisions. It provides a means for splitting off an existing farm home with a minimal amount of land, to sell or to separate from the farmland for financing or other purposes, and also to allow a new home on a small lot, if it is needed to continue or promote farming operations in the area. The A-2 district should be minimized to include mainly the ground where the home, farm buildings, well, septic system, driveway and yard areas are on the parcel. The home may be platted off, but no additional homes will be allowed on either the home lot or the balance of the parcel(s) being surveyed unless rezoned for that use. The purpose of this district is to preserve valuable farmland, to preserve the value of existing housing stock in the rural areas, and to provide options for people to live in the rural areas of the County, but not to create subdivisions. That would require the property to be rezoned to an “R” Residential district. The A-2 district also allows summer cottages to be placed in non-farmed areas of the county.”
Staff comment: The proposed reclassification of 2.551 acres to A-2 Agricultural Residential can also be considered appropriate. The area to be rezoned will more than meet the minimum lot size requirements for a single-family dwelling. The proposed lot will encompass the existing farm buildings and house along Placid Road. There should be minimal to no impact to productive agricultural land, and the Wilwerts will continue to. This purpose statement fits with the purpose of the A-2 Agricultural Residential zoning district.
RELEVANT LANGUAGE OF DUBUQUE COUNTY REGIONAL COMPREHENSIVE PLAN
Chapter 8 – Housing, Goals and Objectives
12. To provide a variety of housing opportunities within the unincorporated areas in appropriate locations
12.7 Investigate establishment of simplified development regulations to allow the division of “old” farmsteads from current agricultural operations, which does not create non-conformities, based upon the potential number of such divisions.
Staff comment: This is the oft-cited Objective used to justify some of these A-2 splits, and this rezoning will accommodate the division of a farmstead.
Chapter 9 – Agriculture and Natural Resources, Goals and Objectives
3. To recognize agricultural land outside the urban fringe areas as an important natural resource of the region, and to preserve agricultural soils that have historically exhibited high crop yields and are considered most suitable for agricultural production.
○ 3.1. Discourage development of productive agricultural soils by nonfarm uses in the nonfringe areas.
○ 3.3. Agricultural land in Dubuque County is an important natural resource and it should always be our goal to protect and preserve as much of it as possible.
Staff comment: The reclassification to A-2 Agricultural Residential should not significantly affect agricultural production onsite. The existing dwelling is considered Farm Exempt per Iowa Code 335.2 and by our own process of recognizing the exempt status of anything 39 acres or more used for agricultural production.
(Continued on Page 3)
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SUMMARY, ACTION REQUESTED, AND STAFF RECOMMENDATION
Dubuque County Planning and Zoning Department has provided input regarding this proposed rezoning. The A-2 Agricultural Residential district is reserved for instances where the farm house and buildings are being split from the remaining agricultural land, or for someone who wants to live in the rural areas of Dubuque County and ensure that surrounding agricultural land uses continue. The applicants will continue to engage with the farm operation and ensure its continued operation well into the future.
Applicants request motion to approve ZC# 02-05-26, which rezones 2.551 acres from A-1 Agricultural to A-2 Agricultural Residential on behalf of Steve and Dawn Wilwert. Zoning Department staff recommends approval with the following conditions:
no additional development shall occur on the remainder of Lot 1 of Wilwert Farm Subdivision unless first rezoned to a residential district.
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
APPLICATION FOR REZONING or AMENDMENT TO: DUBUQUE COUNTY ZONING ORDINANCE (A complete Site Plan is required with this application or the application will be returned for more information.)
CASE #ZC 02-05-210 APPLICATION DATE: 11/28/2021 Property Owner(s) Steven+Dawn Wilbert Address: 245 Main Street City North Buena Vista State IA Zip 52066
Applicant Steve Wilwert Address: 245 Main St. City North Buena Vista ITA Zip 52064
The following change in the Zoning Ordinance is requested:
TO REZONE FROM: A-1 TO: A-2 Present Zoning Use Proposed Classification
The zoning change is proposed to permit the following proposed use: Sale of existing farm home buildings
Site Address: 6657 Placid Road Epworth Parcel # 1335176002
Total area to be rezoned: 2.551 Acre(s)/More or Less 111,121 SQ.FT.
Legal Description: (Attach a Site Plan of the proposed property to be rezoned.)
Part of Lot 1 of Wilwent Farm Subdivision, Dubugue County, IA
Layman's Description: Northwest corner of Placid Road and Pleasant Grove Road East
Date of Previous Application (if any): ___
NOTE: ALL PROPERTY OWNERS WITHIN 500 FEET OF ANY BOUNDARY OF THE ABOVE-DESCRIBED PROPERTY WILL BE NOTIFIED.
- CERTIFICATION: I/we, the undersigned, do hereby certify that:
- The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record.
- Fees are not refundable and payment does not guarantee approval.
- All additional required written and graphic materials are attached
Steve Applicant: ___ Date: 1-23-2026
Steve Property Owner: Date: 1-23-2026
Dawn Property Owner: Dawn Wilson Date: 1-23-2026
Return to. D'UBUQUE COUNTY ZONING, 1225 SEIPPEL, D'UBUQUE, IA 52002 HOURS: B:00 A.M. - 4:30 P.M. Include $250 Application Fee Payable to: Dubuque County Treasurer
FEE: 250.00 ***OFFICE USE ONLY** DATE PAID: 1/27/2026 PUBLICATION DATE: February 4, 2026 to March 4, 2026 SUPERVISOR'S MEETING DATE: March 16, 2026 DECISION: April 1, 20, 2026
Application for an existing farm home requested to be rezoned to A-2, Agricultural Residential zoning district.
1) Farm homes, currently in existence, on property for which there is a need to separate the residence from the farm property. An explanation of the need to plat off the existing farm home must be put in writing and included with the rezoning application.
the existing farm home and buildings to be put up for sale.
RECORDER'S INDEX LOCATION: PART OF LOT 1 OF WILWERT FARM SUBDIVISION, DUBUQUE COUNTY, IOWA REQUESTOR: STEVEN WILWERT PROPRIETOR: STEVEN R. WILWERT AND DAWN WILWERT SURVEYOR: DAVID P. SCHNEIDER SURVEYOR COMPANY: SCHNEIDER LAND SURVEYING AND PLANNING, INC. RETURN TO: DAVID P. SCHNEIDER P.O.BOX 128 FARLEY, IOWA Ph#563-744-3631 daves@yousq.net
REZONING SITE PLAN
PART OF LOT 1 OF WILWERT FARM SUBDIVISION, DUBUQUE COUNTY, IOWA
LOT 1, WILWERT FARM DIVISION SET 1/2" REBAR w/ YELLOW CAP #14417 (TYP.)
REZONING DESCRIPTION:
PART OF LOT 1 OF WILWERT FARM SUBDIVISION, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE NO4°33'01"E, 741.51 FEET TO THE POINT OF BEGINNING; N85°26'59"W 72.15 FEET TO THE WEST RIGHT OF WAY LINE OF PLACID ROAD; THENCE N32°58'30"W, 257.43 FEET; THENCE NO5°45'58"W, 76.58 FEET; THENCE NO0°36'42"E, 87.09 FEET; THENCE N30°05'08"E, 215.34 FEET; THENCE N87°02'03"E, 114.85 FEET TO THE WEST RIGHT OF WAY LINE OF PLACID ROAD; THENCE S81°11'32"E, 50.01 FEET TO THE CENTERLINE CURVE OF PLACID ROAD AND THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY 212.82 FEET ALONG THE CENTERLINE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2866.71 FEET, A CENTRAL ANGLE OF 4°15'13" AND A CHORD WHICH BEARS S06°40'52"W, 212.77 FEET; THENCE S04°33'01"W, 359.38 FEET TO THE POINT OF BEGINNING, CONTAINING 2.551 ACRES, WHICH INCLUDES 0.602 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY.
I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa
Pages or sheets covered by this seal: THIS SHEET ONLY
David P. Schneider P.L.S. P14417
My license renewal date is December 31, 2027.
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13-35-101-001
A1
WILWERT, STEVEN & DAWN
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一
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1
A1
WILWERT, STEVEN R & DAWN
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13-35-151-001 Site Plan - 2.551 Acres
WILWERT, STEVEN & DAWN
A1
13-35-176
Zoning Board Meeting Minutes- February 17, 2026
Plat of Survey of Bumpster Farm Subdivision Plat 2 – Final Plat - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Kathleen Scherrman, seconded by Steve Davis, to approve the plat. The motion passed unanimously. Vote 7-0.
REZONING CASES:
ZC#02-03-26 Daniel & Sharon Link, A-1, Agricultural to A-2, Agricultural Residential - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Jerry Sigwarth, seconded by Ron Breitbach, to approve the rezoning of 5.57 acres more or less be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural. 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 7-0.
ZC#02-04-26 Hartbecke Farms Inc and Corey & Heather Hartbecke, A-1 Agricultural & A-2, Agricultural Residential Speaking to the Board was Fred Hartbecke owner of Hartbecke Farms Inc. and Corey Hartbecke. A motion was made by Lisa Flanagan, seconded by Steve Davis, to approve the rezoning of 2 acres more or less be rezoned to A-2, Agricultural/Residential for one home only and the remainder will stay A-1, Agricultural. 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 7-0.
ZC#02-05-26 Steven & Dawn Wilwert A-1 Agricultural to A-2 Agricultural Residential Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Ron Breitbach, seconded by Samantha Boyes, to table the rezoning request. The motion passed unanimously. Vote 7-0.
Plat of Survey of Wilwert Farm Subdivision Plat 3 – Final Plat - Speaking to the board was Dave Schneider, Schneider Land Surveying. A motion was made by Ron Breitbach, seconded by Samantha Boye, to table the plat. The motion passed unanimously. Vote 7-0.
OLD BUSINESS:
Ben Kober said the Board of Supervisors approved ZC#01-01-26 Julie L Casey Revocable Trust and Luke Casey A-1, Agricultural to A-2, Agricultural Residential and ZC#01-02-26 Ronald Parker Jr R-1, Rural Residential to R-2, Single Family Residential. He said they also approved the final plat of Stockel Acres.
NEW BUSINESS: Mr. Raber said that we are anticipating much home building in the upcoming year. He said that Bill Doyle put together a map to show us where the development has been happening over the last few years. Bill Doyle said he would share this at the next meeting. Ed Raber said that he hopes to have more information about the Accessory Dwelling Units in the next quarter.
PUBLIC COMMENTS: None
ADJOURNMENT: A motion was made by Samantha Boyes, seconded by Jerry Sigwarth to adjourn the meeting. The motion passed unanimously. Vote: 7-0. The meeting ended at 7:33 p.m.
2
LEGEND
LEGEND ZC#02-05-26 Aerial Map Owners - Steven & Dawn Wilwert Parcel Number - 13-35-176-002 Section 35 Taylor Township Dubuque County Zoning Commission Hearing Held on February 17, 2026
LEGEND
ZC#02-05-26 Zoning Map Owners - Steven & Dawn Wilwert Parcel Number - 13-35-176-002 Section 35 Taylor Township Dubuque County Zoning Commission Hearing Held on February 17, 2026
LEGEND Notification List - 533' Buffer Around Parcel Case Number - ZC#02-05-26 Owners - Steven & Dawn Wilwert Rezone A-1 to A-2 Parcel Number - 13-35-176-002 Section 35 Taylor Township Dubuque County Zoning Commission Hearing Held on February 17, 2026
8π≈36.2
Dubuque County Zoning Plat Memorandum
TO: Dubuque County Planning and Zoning Commission
FROM: Ben Kober, Zoning Administrator, Ben.Kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17th, 2026
RE: Plat of Survey of Wilwert Farm Subdivision Plat 3 – Final Plat
BACKGROUND
Plat of Survey of Lots 1 and 2 of Wilwert Farm Subdivision Plat 3, comprised of Lot 1 of Wilwert Farm Subdivision, Section 35, Taylor Township, Dubuque County, Iowa.
The property is owned by Steve & Dawn Wilwert and is located 2.48 miles south of the City of Epworth along Placid Road & Pleasant Grove Road E with a total of 42.580 acres surveyed. The property is zoned A-1, Agricultural with a pending ZC#02-05-26 requesting to rezone 2.551 acres to A-2, Agricultural Residential to allow them to sell the existing home and buildings (Lot 2).
The plat creates 2 lots. Lot 1 has a total of 40,029 acres and will be sold to their son. Lot 2 has a total of 2,551 acres surveyed and will be sold.
Lot 1 will use a 40' wide access easement off Placid Road. Lot 2 will use three existing driveways off Placid Road.
MINOR SUBDIVISION REVIEW
2-31 Classification of Subdivisions
2-31.2 Simple Division. A simple division is a plat of survey that meets the requirements below in paragraph a, b, or c. Any further division or subdivision of property will require a minor or major subdivision plat. A minor and/or major subdivision plat will not be allowed in the C-1, Conservancy or A-1, Agricultural districts without the lots first being rezoned to a conforming zoning district or a Special Permit Use being approved by the Board of Adjustment or a Farm Exemption approved as per Section 1-6 of the Zoning Ordinance of Dubuque County, Iowa.
a. A simple division is any plat of survey in which no new streets, or other rights of way, public or private, are proposed, which does not require the construction of any public improvements, and which contains no more than a total of two (2) lots in the aliquot part in which the tract or parcel is located in whole or in part.
Staff Comment: Wilwert Farm Subdivision Plat 3 qualifies as a minor subdivision because previous plats of survey created the parcels to be subdivided on the proposed Final Plat.
Page 2 of 2
Chapter 2, Section 37.1 Preliminary Plat Submission (f) "A simple division or minor subdivision without improvements may be submitted without a preliminary plat. However, the Zoning Commission may, in special circumstances where the Commission feels that the final plat does not convey enough information to adequately review the subdivision, move to require additional information or a complete preliminary plat."
Staff Comment: Wilwert Farm Subdivision Plat 3 is a minor subdivision in the A-1 district, and Lot 2 will be in the A-2 Agricultural Residential district assuming the associated rezoning is approved. The two new lots have access to Dubuque County roads. Staff recommends moving forward with consideration and recommendation on the Final Plat without first reviewing a preliminary plat.
Chapter 2, Section 51.2 “The Planning Commission shall examine the plat and the report of the Zoning Administrator, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the County, and conforms to the Comprehensive Plan and other duly adopted plans of the County. The Planning Commission shall, within forty-five (45) days of the filing of the plat with the Zoning Administrator, forward a report and recommendation regarding the plat to the Board. If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.”
Staff Comment: Wilwert Farm Subdivision Plat 3 conforms with the Subdivision and Platting Ordinance, as addressed previously. With respect to the Dubuque County Zoning Ordinance, the new lots all conform to the minimum lot areas for their respective zoning districts. Lot 2 has a pending rezoning case, ZC# 02-05-26. The creation of Lot 2 will allow the Wilwert's to sell the existing farm home and buildings, and the splitting of farmsteads is one of the purposes of the A-2 district.
With respect to the Dubuque County Regional Comprehensive Plan, Chapter 9 “Agricultural and Natural Resources” cites the preservation of productive agricultural ground as an objective of Future Land Use planning. By only splitting the farm house and buildings from the farm ground, the agricultural land is preserved.
SUMMARY AND ACTION REQUESTED
Dubuque County Planning and Zoning Department has provided input regarding this minor subdivision plat, and the plat conforms to the relevant County Ordinances and Comprehensive Plan. Applicants request motion to approve the Final Plat of Wilwert Farm Subdivision Plat 3. Assuming ZC# 02-05-26 is also approved, Zoning Department staff recommends approval of the subdivision plat.
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
| RECORDER'S INDEX | |
| LOCATION: | LOT 1 OF WILWERT FARM SUBDIVISION, DUBUQUE COUNTY, IOWA |
|---|---|
| REQUESTOR: | STEVEN WILWERT |
| PROPRIETOR: | STEVEN R. WILWERT AND DAWN WILWERT |
| SURVEYOR: | DAVID P. SCHNEIDER |
| SURVEYOR COMPANY: | SCHNEIDER LAND SURVEYING AND PLANNING, INC. |
| RETURN TO: | DAVID P. SCHNEIDER P.O.BOX 128 FARLEY, IOWA Ph#563-744-3631 daves@yousq.net |
FINAL PLAT
FINAL PLAT WILWERT FARM SUBDIVISION PLAT 3 DBUQUE COUNTY, IOWA LOT 1 OF WILWERT FARM SUBDIVISION, DBUQUE COUNTY, IOWA
TOTAL AREA 42.580 ACRES TOTAL -4.704 ACRES ROAD 37.876 ACRES NET
SURVEY DESCRIPTION- WILWERT FARM SUBDIVISION PLAT 3, DUBUQUE COUNTY, IOWA: LOT 1 OF WILWERT FARM SUBDIVISION, DUBUQUE COUNTY, IOWA
I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa.
David P. Schneider P.L.S. P14417 Date: My license renewal date is December 31, 2027. Pages or sheets covered by this seal: SHEETS 1 & 2
SCHNEIDER
Land Surveying &
Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Ph# 563-744-3631 daves@yousq.net
Project: 3061FP2 Survey Date: 2/23/2026 Sheet: 1 of 6
Page 35 of 45
NW CORNER, NFL 4, SEC 35, T8BN, R1W FOUND 1-1/4" PIPE
| LOT 3, HOGAN, 2 | LOT 2, HOGAN PLACE | NE CORNER, T1W WILWERT FARM SUBDIVISION 7025 |
|---|---|---|
| $89 '11'02"E' $21.07 | $89 '04'20"E' $497.59 | IN CORNER, T1W WILWERT FARM SUBDIVISION 7025 IN CONCENTRATION |
| $20'54'38" W. $4.52 | $23.51" $89'19'40"E' $54.52 $17'33'20" W. $75.35 | $23.51" $89'19'40"E' $54.52 |
| FOUND MAIS NAIL (TYP.) | N1/4 CORNER SEC. 35, T8BN FIRM - FOUND 1/2" REBAR W/YELLOW CAP #14417 $18'17'42" W. 545.69 $18'17'33" W. 857.86 FOUND 1/2" REBAR W. CAP 14417 (TYP.) | $23'51" $89'19'40"E' $54.52 |
| 24,690 ACRES TOTAL 22.616 ACRES NET | FOUND 1/2" REBOAR W/ 14417 (TYP.) | $23'51" $89'19'40"E' $54.52 |
| LOT 1 40,029 ACRES TOTAL 4.102 ACRES ROAD 35.927 ACRES NET | FOUND 3,414 WILWERT FARM SUBDIVISION 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. 31.30 $16'29'27" W. |
LEGEND Wilwert Farm Subdivision - Final Plat Zoning Map Owners - Steven & Dawn Wilwert Parcel Number - 13-35-176-002 Section 35 Taylor Township Dubuque County Zoning Commission Hearing Held on February 17, 2026
LEGEND Wilwert Farm Subdivision - Final Plat Zoning Map Owners - Steven & Dawn Wilwert Parcel Number - 13-35-176-002 Section 35 Taylor Township Dubuque County Zoning Commission Hearing Held on February 17, 2026
1225 Seippel Road, Dubuque, Iowa 52002
PLAT OF SURVEY MEMORANDUM
TO: Dubuque County Zoning Commission
FROM: Ben Kober, Zoning Administrator., Ben.Kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17^{th}, 2026
RE: Preliminary Plat of Mootz Subdivision
STAFF RECOMMENDATION
Staff recommends one or more of the following actions (with included justification):
- Deny the Preliminary Plat, or table action on the Preliminary Plat until the next meeting because the Plat Application process was not completed in time for our submittal deadlines posted on the Zoning Department's website.
- The Preliminary Plat of Mootz Subdivision was submitted late on Tuesday, February 24th, for review by the Zoning Commission. Due to the inclusion of infrastructure improvements on the plat, this qualifies as a major subdivision in Dubuque County. February 24th was technically the deadline for putting Plat Review on the Commission's agenda as an actionable item for the March 17th, 2026 regular meeting. However, the plat and application were submitted without the required fee of $390 ($200 for preliminary plat, plus $10 per lot, $390 for a preliminary plat showing 19 lots). The Zoning Department did not receive the required fee until Tuesday, March 17th.
- Chapter 2, Section 32 "Fees"
- “Fees may be required to be paid with the submission of a plat of a subdivision. The amount of each fee shall be established by a resolution of the Board of Supervisors in an official schedule of fees for zoning and development services. All fees shall be collected by the Plats Officer at the time the plat is submitted.”
- It is important to submit plat applications and review fees in a timely fashion. Plat review by Zoning Department staff takes time. When preparing materials for a public meeting, the Zoning Department staff must complete staff reports, produce digital maps, review previous zoning cases in the area, conduct site visits, assemble meeting packets, and otherwise finish relevant tasks for each individual zoning case. Other day-to-day Zoning Department tasks are put on hold if necessary. Plat review fees help to facilitate the person-hours that we need to commit to rezoning and subdivision plat applications so that time-sensitive meeting tasks are completed and staff can best serve the public.
(recommendations continued on Page 2)
Page 2 of 4
- 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.
- Per Chapter 2, Section 22 “Conformance to Dubuque County Zoning Ordinance,”:
- “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.”
- 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
- Phase 3 also has challenges with topography and vegetation
- Zoning Commission and eventually Board of Supervisors would be within their rights to deny the plat based on 2-22
- 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.
- 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.
- Per Chapter 2, Section 35 of the Subdivision and Platting Ordinance “Presentation to Planning Commission”:
- “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)
Page 3 of 4
BACKGROUND
The Preliminary Plat of Survey of Lot 1 through Lot 19 of Mootz Subdivision, part of Lot 1 in the SE 1/4 of the NW 1/4 of Section 26, Mosalem Township.
The property is owned by Madonna Klein Trust, Marie Boleyn Family Trust, and Margaret Mootz Trust, and is currently zoned R-1 Rural Residential. Mootz Subdivision is over 5 miles southeast of Dubuque. 39.05 acres have been surveyed. The survey creates 19 lots for residential development. The survey also has one outlot. The development lots range in area from one acre (several lots) to over six acres on the largest (Lot 13).
After approval of a Preliminary Plat, the Mootz Subdivision Final Plats will be done in phases. Phase 1 will comprise the proposed lots 1 through 3. Phase 2 will be comprised of lots 4 through 12. Phase 3 will be comprised of lots 13 through 19. Lots 1 through 3 and 13 through 19 will have access to St. Catherine Road via private subdivision roads. Lot 4 will have its own access off St. Catherine Road. Lots 5 through 12 will have access to St. Catherine Road via a private subdivision road.
The proposed lots will likely require sand filters and shared wells.
Surrounding zoning districts include R-1 Rural Residential on the south side of St. Catherine Road to the west, east, and south; R-2 Single-Family Residential on the north side of St. Catherine Road to the north, east, and west; and PC Planned Complex to the southwest.
MAJOR SUBDIVISION REVIEW- RELEVANT LANGUAGE OF DUBUQUE COUNTY ORDINANCES
PART 4- SUBDIVISION REQUIREMENTS FOR PLATS
2-33 PRE-APPLICATION CONFERENCE "Except in the case of an acquisition plat as defined in Section 2-31-1 and a simple division plat as defined in Section 2-31.2 whenever a subdivision plat located in the County is proposed, the owner or subdivider shall schedule a pre-application conference with the Plat Officer, Health Officer, County Engineer, and such other County or Utility representative as is deemed desirable. If any portion of the land to be subdivided lies within the city's area of review as described in the City's Ordinance adopted under Chapter 354 of the Code of Iowa, the Plat Officer shall notify the City Representatives to attend the pre-application conference. The purpose of such conference shall be to acquaint affected parties with the proposed subdivision, and to acquaint the subdivider with the requirements, procedures and special problems relating to the proposed subdivision."
Staff comment: On Friday, November 7th, a meeting occurred to discuss proposals for a major subdivision plat, attended by Origin Design (surveying and engineering for this subdivision and improvements), Clete Mootz (owner of the property), Zoning Department staff, and other County offices. Dubuque County Zoning feels that this November meeting qualifies as a pre-application conference. However, there would be additional value in holding more staff meetings with the developers. This is due to the following factors:
- 1. Dubuque County has a new County Engineer since that meeting occurred. The County Engineer, Todd Kinney, will need to work with Watershed Department on review of stormwater management improvements and calculations, especially considering that Phase
Page 4 of 4
3 of the proposed Mootz Subdivision will involve significant removal of vegetation during development.
- Providing entrances along St. Catherine Road has also become an issue. Numerous lots and houses have been granted individual entrances in the past.
- There are questions about what type of wastewater treatment each lot will require.
Chapter 2, Section 31.4 Major Subdivision “Any subdivision in which new streets or other rights-of-way, public or private, are proposed, and/or which requires the construction of any public improvements, and which contains two (2) or more lots, shall be classified as a major subdivision.”
Staff Comment: This qualifies as a major subdivision due to the need for infrastructure improvements.
Chapter 2, Section 51.2 “The Planning Commission shall examine the plat and the report of the Zoning Administrator, and such other information as it deems necessary or desirable, to ascertain whether the plat conforms to the ordinances of the County, and conforms to the Comprehensive Plan and other duly adopted plans of the County. The Planning Commission shall, within forty-five (45) days of the filing of the plat with the Zoning Administrator, forward a report and recommendation regarding the plat to the Board. If such recommendation is to disapprove or modify the plat, the reasons therefore shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.”
Staff Comment: See “STAFF RECOMMENDATIONS” for additional details regarding timely submittal of the application and fees.
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
1225 Seippel Road, Dubuque, Iowa 52002
PLAT OF SURVEY MEMORANDUM
TO: Dubuque County Zoning Commission
FROM: Ben Kober, Zoning Administrator., Ben.Kober@dubuquecountyiowa.gov, 563-589-7827
DATE: March 17th, 2025
RE: Preliminary Plat of Mootz Subdivision
BACKGROUND
The Preliminary Plat of Survey of Lot 1 through Lot 19 of Mootz Subdivision, part of Lot 1 in the SE 1/4 of the NW 1/4 of Section 26, Mosalem Township.
The property is owned by Madonna Klein Trust, Marie Boleyn Family Trust, and Margaret Mootz Trust, and is currently zoned R-1 Rural Residential and C-1. Mootz Subdivision is over 5 miles southeast of Dubuque. 39.05 acres have been surveyed. The survey creates 19 lots for residential development. The survey also has one outlot. The development lots range in area from one acre (several lots) to over six acres on the largest (Lot 13).
Mootz Subdivision Final Plats will be done in phases. Phase 1 will comprise the proposed lots 1 through 3. Phase 2 will be comprised of lots 4 through 12. Phase 3 will be comprised of lots 13 through 19. Lots 1 through 3 and 13 through 19 will have access to St. Catherine Road via a private subdivision road. Lot 4 will have its own access off St. Catherine Road. Lots 5 through 12 will have access to St. Catherine Road via a private subdivision road.
The proposed lots will likely require sand filters and shared wells.
STAFF NOTES
As of March 11^{th}, staff needs additional time to prepare staff reports for Mootz Subdivision. Thank you for your patience. We have included the proposed Preliminary Plat and plat application. More information to come. Thank you!
Submitted March 17th, 2026
Ben Kober, Dubuque County Zoning Administrator
Page 43 of 45
PRELIMINARY PLAT
Sheet Title
PRELIMINARY PLAT COUNTY SUBMITTAL 2/24/26 Rev Description Date Project Number 25126 Issued For Bidding: Project Manager CTA Issued For Construction: P:\25\126\DRAWINGS\CIVL\25126 ZZ-99 PRELIMINARY PLAT-OPT 2.DWG 3/12/2026 8:43 AM ANGIE MAREK
Revisions
Location / Description ST. CATHERINE RD. BELLEVUE, IA
Project Name MOOTZ SUBDIVISION
Client Name CLETE MOOTZ
」
KLEIN, MADONNA TRUST ETA
16-26-126-001 R2 MILLER, LORAS JOHN TRUST ETAL
SCHUMACHER R2 TYLER J & SAMANTHA R 16-26-126-002
16-26-51-005 MILLER, CHRISTIAN 16-26-151-006 16-26-151-007 JOHN MILLER, R2 R2 R2 CHRISTIAN JOHN
KLEIN, MADONNA TRUST ETA
KLEIN, MADONNA TRUST ETAL
MANDERS, ROGER M. 16-26-152-003 KNOWLES, REITER, MICHAEL G. NICHOLAS A. & MARILYN J. R1 HOLM, R1 DOUGLAS D. 16-26-152-006
R1 6 16-26-152-00 REIMER, KENNETH L & CINDY M
16-26-152-004
R1 NOEL, DARRELL R & LYNN L
NOEL, DARRELL R & LYNN L R1 16-26-152-008
KLEIN MADONNA TRUST ETA
R1 16-26-251-001
16-26-251-001
R2 R1 KLEIN, MADONNA TRUST ETA
16-26-400
KLEIN, R1 MADONNA TRUST ETA
PC SPRING VALLEY INVESTMENTS IN 16-26-301-002
16-26-101-001 R2 KLEIN, MADONNA TRUST ETAL
16-26-126-001 R2 MILLER, LORAS JOHN TRUST ET AL
16-26-126-003 R2 KLEIN, MADONNA TRUST ETAL
16-26-201-001 KLEIN, R2 MADONNA TRUST ETAL
SCHUMACHER, R2 TYLER J & SAMANTHA R 16-26-126-002
KLEIN, MADONNA TRUST ETA
16-26-151-005 MILLER, CHRISTIAN ST CATHERINE RD 16-26-176-001 TRUST ETAL
16-26-151-006 MILLER, R2 R1 R2 KLEIN, MADONNA
R2 CHRISTIAN JOHN R1 R2 TRUST ETAL
MANDERS, ROGER M R1
16-26-152-003 REITER, KNOWLES, MICHAEL G KLEIN, MADONNA R1 16-26-251-001
16-26-152-003 NICHOLAS A & MARILYN J TRUST ETAL R1 16-26-251-001
R1 HOLM, DOUGLAS D R1 R2 R1
16-26-152-005 16-26-152-006 KLEIN, MADONNA R1 16-26-251-001
R1 REITER, KENNETH L & CINDY M TRUST ETAL R1 R1
16-26-152-004 KLEIN, MADONNA R1 R2 R1
R1 NOEL, DARRELL 16-26-176-001 16-26-251-001 KLEIN, MADONNA
R & LYNN L NOEL, DARRELL 16-26-152-008 16-26-400-001 TRUST ETAL
R & LYNN L PC KLEIN, MADONNA R1 16-26-400-002
R & LYNN L PC KLEIN, MADONNA R1 R1
PC SPRING VALLEY INVESTMENTS INC TRUST ETAL R1 HUSEMAN, RUSSELL E & JILL M
PC SPRING VALLEY INVESTMENTS INC TRUST ETAL R1 R1
PC SPRING VALLEY INVESTMENTS INC TRUST ETAL R1 R1
PC SPRING VALLEY INVE