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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.
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