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# Notice of Meeting Dubuque County Zoning Board of Adjustment Agenda
Date: Wednesday, November 5, 2025
Time: 7:00 p.m.
Place: Dubuque County West Campus
1225 Seippel Road, Dubuque, IA 52002 and Via Zoom Meeting
Join Zoom Meeting
https://zoom.us/j/93037831429
Meeting ID: 930 3783 1429
888 788 0099 US Toll-free
877 853 5247 US Toll-free
### A. ROLL CALL:
B. APPROVAL OF MINUTES: Approval of the minutes from the October 7, 2025 meeting.
### C. PUBLIC HEARINGS:
1. BA#11-41-25 Kim Jr. & Sara Koopman – Variance
2. BA#11-42-25 Martin & Linda Burbridge - Variance
### D. PUBLIC COMMENTS:
At this time, anyone in attendance may address the Board of Adjustment on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments: however, no formal action may be taken regarding your comments due to notice requirements of the Iowa Open Meetings Law.
### E. OLD BUSINESS:
#### F. NEW BUSINESS: G. ADJOURNMENT:
PLEASE NOTE: The meeting is called to order at 7:00 p.m. So that you may gauge your arrival time, each case normally takes approximately 5 to 10 minutes.
cc: Board of Supervisors, KDTH/KATF, WDBQ/KLYV, Telegraph Herald, Mediacom Cable, Cascade Pioneer, Dyersville Commercial, Buesing & Associates, IIW, Schneider Land Surveying and Planning, Weber Surveying LLC, Tom Berger and ECIA
**If the applicant is not the property owner, both applicant and property owner must be present at the meeting**
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# Dubuque County Board of Adjustment Board of Adjustment Meeting Minutes October 7, 2025
Chairperson Ben Schroeder called the meeting to order at 7 p.m.
Chairperson Ben Schroeder, Vice-Chairperson Loras Link, Dave Klein, DeVon Welty,
Penny Wulfekuhle
The Board of Adjustment met at the Dubuque County West Campus, 1225 Seippel Rd, Dubuque, IA, 52002. You have the option to attend Board of Adjustment meetings. The County offers Zoom with both audio and video available. Every agenda will include information on how to login 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: Ben Schroeder, DeVon Welty, Loras Link, Dave Klein, and Penny Wulfkuhle. Staff Present: Ed Raber, Ben Kober, Amy Schmerbach and Bill Doyle.
APPROVAL OF MINUTES – A motion was made by Ms. Wulfekuhle, seconded by Mr. Link, and passed unanimously to approve the minutes of the September 2, 2025 meeting. Vote: 5-0.
## PUBLIC HEARINGS:
BA#10-38-25 Ronald (deceased) and Doris McAuliffe - Variances – Speaking to the board was Doris McAuliffe and John McAuliffe. A motion was made by Mr. Link, seconded by Mr. Schroeder, to approve the Variances. The motion passed unanimously. Vote: 5-0.
BA#10-39-25 Marty & Dawn Wagner – Variances - Speaking to the board was Marty & Dawn Wagner. A motion was made by Mr. Klein, seconded by Mr. Link, to approve the Variances with the condition that they must have gutters and downspouts on the addition. The motion passed unanimously. Vote: 5-0.
BA#10-40-25 James & Jeanette Garlow and Michael & Shirley Morris – Special Use Permit. Speaking to the board was James Garlow. A motion was made by Mr. Link, seconded by Ms. Wulfekuhle, to approve the Special Use Permit. The motion passed unanimously. Vote: 5-0.
## OLD BUSINESS:
BA#07-28-23 Scott Pusateri- Request for Extension Variance – Speaking to the board was James Garlow. A motion was made by Ms. Wulfekuhle seconded by Mr. Schroeder, to approve the extension and to allow Scott to apply for a new permit that would be good for one year. The motion passed unanimously. Vote: 5-0.
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Board of Adjustment Meeting Minutes-October 7, 2025
## NEW BUSINESS:
Ben Kober, the new Zoning Administrator, introduced himself to the Zoning Commission Board. Bill Doyle, the new Planning Technician, introduced himself to the Zoning Commission Board. They each talked about their experience and what they did before coming to the County.
PUBLIC COMMENTS: None
ADJOURNMENT: A motion was made by Mr. Link, seconded by Mr. Schroeder to adjourn the meeting. The motion passed unanimously. Vote: 5-0. The meeting ended at 7:46 p.m.
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# Dubuque County Board of Adjustment Memorandum
TO: Dubuque County Board of Adjustment
FROM: Ben Kober, Zoning Administrator, ben.kober@dubuquecountyiowa.gov, 563-589-7827
DATE: November 5^{th}, 2025
RE: BA#11-41-25
Kim Jr. and Sara Koopman Variance
## BACKGROUND
The applicants are requesting to build a 30' x 60' cold storage building in an R-1, Rural Residential zoning district. They are requesting to build 30' from the front lot line, they will need a 50' variance to the 80' required. The property is located along Boy Scout Road approximately 1.34 miles southeast of the City of Rickardsville, and is legally described as Lot 1 Clifford's Addition, Section 4, T89N, R1E, Center Township, Dubuque County, Iowa.
## COMMUNICATIONS/COMMENTS
Four (4) letters were sent. As of October 30th, the Zoning Department has not received comments on this case.
## DISCUSSION AND RELEVANT LANGUAGE OF ORDINANCE AND STATE CODE
The property is a 2.78 acre lot zoned R-1 Rural Residential. The lot slopes downward from south to north. The septic tank is located to the north of the existing dwelling, and the site plan as submitted indicates that the leach field is located to the west of the dwelling. According to the applicant, the slope of the property overall and the location of the septic system to the west of the home restricts the buildable area of the property to an area southwest of the home and closer to the right-of-way of Boy Scout Road.
## 1 -105 POWERS OF THE BOARD
1-105.2 To hear and decide the following special exemptions to the terms of this Ordinance:
To hear and decide the following special exemptions to the terms of the A. Those special exceptions of Use, Height and Area Regulations which are enumerated in this Ordinance.
B. Yard variances for lots of record as enumerated in this Ordinance.
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 This case information report may be subject to change at any time before the actual Board of Adjustment meeting to allow for any omitted or supplemental information subsequently submitted in regard to the following special use permits or variances cases.
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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.
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.
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.
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.
## SUMMARY AND STAFF RECOMMENDATION
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.
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.
Respectfully submitted October 30th, 2025
Ben Kober, Dubuque County Zoning Administrator
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Document Separator
DS000
Document ID Number
10610
18387 Boy Scout Rd
0904201004
Durango
52039
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# TYPE/SIZING OF SYSTEM Kim Koopman
A. Required septic tank capacity 1.250 gallons. Existing tank? X YES □ NO Existing Tank Condition TO BE ABANDONED PER CODE ___
B. Absorption Trenches:
Gravel_Bedding depth: 12" Pipe Diameter_4 inches(minimum)
Total Linear Footage 3' Width_500'
C. Aerobic Treatment Plant: MNFR. ___
Additional Treatment ___
D. Other System/Lift Station (Describe)
SYSTEM INSTALLATION TO MEET REQUIREMENTS OF IAC 567-69
## SITE PLAN
Show North Here:
NOT TO SCALE
SEPARATION
DISTANCES:
Private Well
Private Well
Closed Portion-50'
Open Portion-100'
Public Well
Closed Portion-200'
Open Portion-200'
GW Heat Pump
Closed Portion-50'
Open Portion-100'
Edge of Drainage Ditch
Closed Portion-10'
Open Portion-10'
Dwelling or Structure
Closed Portion-10'
Open Portion-10'
Property Lines
Closed Portion-10'
Open Portion-10'
50' min to TANK
100' min to TREACHES
Pressure Water Line Closed Portion-10' Open Portion-10'
Foundation Drain or
Subsurface Tile
Closed Portion-10'
Open Portion-10'
Absorption Trench
6' plus 2' per each 5% of slope
DANNY J. WALL 7974
I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the State of Iowa.
Dany Wall Date: 7/19/10
Name: Danny J. Wall, P.E.
License Number: 7974
My renewal date is: December 31, 2011
Pages or sheets covered by this seat.
Pages 2 and 3 of 3
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# O.A. Technical Services 4744 - 202^{nd} Street Cascade, Iowa 52033 (563) 852-5105
## APPLICATION FOR PERMIT TO INSTALL, OR REPAIR, A PRIVATE WASTE TREATMENT SYSTEM
NEW SYSTEM □RENOVATION □REPAIR ✗NEW CONSTRUCTION
Date 7/5/2010
Name of Owner Kim Koopman Home Phone --- Site Address 18387 Boy Scout Rd Durango, Iowa 52039 Cell Phone 563-564-0017
Mailing Address 18387 Boy Scout Rd Durango, Iowa 52039
Legal Description: Township Center T89N Range RIE Section 4 CLIFFORDS ADD - LOT 1
BUILDING INFORMATION
Residential Dwelling: # of Bedrooms ___3___ # of Bathrooms ___2___
Garbage Disposal? ☐ Yes ☒ No Whirlpool? ☐ Yes ☒ No Water Softener? ☒ Yes ☐ No
Walkout Basement? ☒ Yes ☐ No
Basement Fixtures? ☒ Yes ☐ No If yes, drainage by ☒ gravity? OR ☐ pump?
Existing Septic Tank? X Yes ☐ No If yes, tank size? TO BE ABANDONED PER CODE
If yes, has existing tank been serviced and in good condition?
□Yes □No ___
Commercial Building: Type ___
# of Employees: ___ Design flow: ___ gallons per day.
Fixtures in building: ___
MATED CUDDY V
WATER SUPPLY
Water Supply:
X Private Well
New Well
X Existing Well
□ Public
□ Community Well (# of homes _____)
I certify the above information to be complete and correct.
Kin Kodran 7/5/10
51. 2022. 2016. 2017. 2018. 2019. 2020. 2021. 2022. 2023.
7/5/10
Signature Of Owner / Date
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CONSTRUCTION PERMIT
APPICATION
PRIVATE SEWAGE DISPOSAL
### 2012-049 Permit No. Project No
Applicant Name: Kim Koopman Property Owner Name: Same
18387 Boy Scout Durango 52239
(street) (city) (state) (zip) (street) (city) (size) (zip)
Legal Description: Lot 1 Clifford Add Section 4 Tornship Center Subdivision
Lot ___ Block ___ Subdivision
Class of work New Repair Extension Modify Replacement
Occupancy Residential Commercial Industrial Recreational Multi-Residential
Building or Structure Residential Dwelling Mobile Home Commercial/Office Bldg.
Type of Water Supply Private Well Shared Well Municipal Water Common Well
Lot Size 2.5 sq.ft __ areas Facility used Year/month Seasonality
No. of units to be connected / Estimated sewage flow 450 gpd
No. of units to be connected 1 Estimated sewage flow 450 gpd
No. of Bedrooms 3 No. of occupants 1 Building dimensions
Septic tank capacity 1250 gallons Material type Precast Manufacturer
Distribution box Yes ☐ No Material Type Plastic Drop Boxes Yes ☐ No
Gravity dosing ☐ Yes ☐ No Pressure dosing Yes ☐ No Dosing chamber size gals.
Description of construction: Gravel Dedding deep 4 pipe diameter
Total Linear Footage 0.32 width 500 ft
SPECIAL CONDITIONS Permit Fee Est. Construction Cost
Water Boilmer yes
Garbage Disposal no
Jacuzzi whirlpool tub
N.O.L
Special Approvals Reg'd Reg'd Not Reg'd
Zoning
Engineer
IDNR
DOT
Poro Test
Soil Boiling
Plan/Design
ENGINEER/CONSULTANT O.A Technician PROPOSED CONTRACTOR Schueller Concrete
I hereby certify that the above information is correct and that all proposed work will be completed in accordance with the Druque County Rules and Regulations regarding Private Sewage Disposal. I also agree to construct the system in accordance to the condition listed herein.
(X) Kim Hooh - 5/22/12
Applicant Agent Date
When properly validated below, this will serve as your permit to construct
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R2
KLEIN, DAVID
F & LORIA
09-04-201-001
09-04-201-003
R2
KLEIN, DAVID
F & LORIA
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ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
Case Number: BA# 11-41-25 Date of Hearing: Nov. 5, 2025
Fee: 150.00 Date Paid: 9/26/2025-cash
Property Owner
Name: Kim Jr + Sara Roopman
Address: 18387 Bou Scout Rd Duransia IA 52039
Phone: Email:
Applicant (If applicable)
Name: ___
Address: ___
Phone: Email:
Property
Address: 18387 Boy Scout Rd
Exact Legal Description: Lot 1 Cliffords Gdd
Section: 4 Township: 89N Range: 1E Township: Center
Parcel Number: 09-04-201-004
Present Zoning District: R-1, Rural Residential
Date Purchased: 9-2011 Lot Size: 121,097 # Acres: 2.78
Present Use: Residential Proposed Use: 30x60 Gold storage building
Date of previous application, if any:
NOTE: A Site Plan should be attached to this application, showing size of lot, dimensions and location of principal building(s) on the lot, dimensions and location of new structures to be built on the lot, location of well and septic systems and setbacks of any new structures from the lot lines and street lines to the closest part of the new structure. The street line is a dividing line between a lot, tract or parcel of land and an adjacent street right-of-way.
REQUEST: The above-named applicant requests a hearing before the Dubuque County Zoning Board of Adjustment for a determination on the following matter:
## VARIANCE
**PURPOSE & INTENT - DUBUQUE COUNTY COMPREHENSIVE PLAN/ZONING ORDINANCE:
1. To lessen congestion in the streets and highways. 2. To secure safety from fire, panic, flood and other dangers.
3. To protect health and the general welfare. 4. To provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population. 5. To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
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# VARIANCE APPLICATION
REQUEST FOR VARIANCE of Section ___ of the Zoning Ordinance, under which the Zoning Officer refused to issue a permit on ___.
Nature of Variance requested (describe):
1. 50 feet Variance requested to 80 feet required yard setback on: front rear right side left side (CIRCLE ONE) TO BUILD 30 feet from the lot line/street line.
2. _____ feet Variance requested to _____ feet required yard setback
on: front rear right side left side (CIRCLE ONE)
TO BUILD feet from the lot line/street line
3. ___ feet Variance requested to ___ feet required yard setback
on: front rear right side left side (CIRCLE ONE) TO BUILD feet from the lot line/street line
4. _____ feet Height Variance requested to the _____ required to build an accessory building _____ feet taller than the primary structure.
A. The applicant(s) believe that the Variance should be granted because the applicant(s) are unable to make reasonable use of their property for the following
reasons and the Hardship is:
✓ Not Financial in nature
CHECK ALL THAT APPLY
✓ Not self-created
The result of the application of the
Zoning Ordinance
✓ Not based upon ignorance
of restrictions prior to purchase
Due to unique circumstances to the property in question and not shared by other properties in the vicinity.
Suffered directly by the property in question
B. The proposed Variance will not alter the essential character of the neighborhood for the following reason (s):
C. The proposed Variance is in accord with the purposes and intent of the Zoning
Ordinance** See bottom of first page for the following reason (s):
NOTE: I HEREBY CERTIFY THAT ALL OF THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED IN ANY PAPERS OR PLANS SUBMITTED HEREWITH ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I ALSO GIVE MY CONSENT FOR THE ZONING DEPT. PERSONNEL TO GO ONTO THE PROPERTY TO TAKE PICTURES AND INSPECT THE SUBJECT PROPERTY AT ANYTIME TO VERIFY THAT ALL COUNTY REGULATIONS ARE BEING FOLLOWED.
Kia Kothua
9-26-25
Signature
Date
9-20-25
Sara Koopman 9-26-25 Sara Koopman 9-26-25
Signature Date
Signature Date Signature Date
===== PAGE 13 =====
## ZONING BOARD OF ADJUSTMENT BY-LAWS
### Sec. 4 - Granting of a Variance
TO GRANT A VARIANCE TO HEIGHT, SETBACK, ACREAGE OR PARKING REQUIREMENTS, THE BOARD MUST FIRST ESTABLISH THAT:
1. The property involved cannot reasonably be used for a permitted use.
2. The hardship suffered results from application of the Zoning Ordinance.
3. The hardship suffered is inherent in and unique to the property involved and is not shared by other properties in the vicinity.
4. The hardship suffered results from actions other than actions of the Owner.
5. The Variance sought is the minimum necessary to relieve the hardship.
6. Granting the Variance will not alter the essential character of the neighborhood.
### 1. Why is the Variance needed?
Big Slope Behind Building and leach Field.
2. Is this a financial hardship? YES √ NO___
3. What caused the Hardship?
For metoPaTinFill,wouldcoast
a10TOF money
4. Is the Hardship suffered directly by the property in question and not shared by other properties in the vicinity? YES ☑ NO ___ Explain.
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Dubuque County Townships
300
Feet
## 0
Buffer Map
BA# 11-41-25
Notification Area: 200' Buffer Around Parcel Owners: Kim Jr and Sara Koopman
Section 4 of Center Township
Dubuque County Board of Adjustment
Hearing Wednesday, November, 05, 2025
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KOOPMAN, KIM JR & SARA A
Esri., Inc., Dubuque County,
Dubuque County Townships
N
0 1,000 Scale: 1:5,000 Feet
Topographic Map
BA# - 11-41-25
Owners - Kim Jr and Sara Koopman
Variance Request
Parcel Numbers - 06-23-302-006
Section 23 of Peru Township
Dubuque County Zoning Board of Adjustment
Wednesday, November, 05, 2025 AT 7:00 P.M.
Elevation
High : 888 Ft
High : 888 Ft
Low : 796 Ft
4ft Contour
===== PAGE 16 =====
Dubuque County Townships
0 1,000 Scale: 1:5,000
Zoning Map
BA# 11-41-25
Owners: Kim Jr and Sara Koopman
Section 4 of Center Township
Dubuque County Board of Adjustment
Wednesday, November, 05, 2025 AT 7:00
P.M.
===== PAGE 17 =====
Dubuque County Townships
BA# 11-41-25
Owners: Kim Jr and Sara Koopman
Section 4 of Center Township
Dubuque County Board of Adjustment
Wednesday, November, 05, 2025 AT 7:00 P.M.
===== PAGE 18 =====
# Dubuque County Board of Adjustment Memorandum
TO: Dubuque County Board of Adjustment
FROM: Ben Kober, Zoning Administrator, ben.kober@dubuquecountyiowa.gov, 563-589-7827
DATE: November 5th, 2025
RE: BA#11-42-25
Martin and Linda Burbridge Variance
## BACKGROUND
The applicants, Martin and Linda Burbridge, are requesting to build a 78' x 75x feet single-family home in the R-1 Rural Residential zoning district. They are requesting to build 50' from the front lot line, they will need a 30' variance to the 80' required. The property is located along San Sebastian Road approximately 1.63 miles northeast of the City of Sageville. The property is legally described as LOT 7 HERITAGE RIDGE ESTATES SUB REVISED; in Section 23, Peru Township, Dubuque County, Iowa.
## COMMUNICATIONS/COMMENTS
Seven (7) Letters were sent, and the City of Sageville was notified. As of October 30th, the Zoning department received notice only from the architectural review board for Heritage Ridge Estates that their plans have HOA approval.
## DISCUSSION AND RELEVANT LANGUAGE OF ORDINANCE AND STATE CODE
The property is a 1.43 Acre lot in a residential subdivision. The proposed single-family home has been approved by the Architectural Review Committee for the Homeowners Association of Heritage Ridge Estates. The lot in question is smaller in area than those others in the subdivision. The lot overlooks a steep bluff that drops down to the Mississippi River, and at the rear of the site is the beginning of a valley formation that drops significantly in elevation. According to the applicants, these characteristics of the lot essentially require a variance for the lot to be buildable. The grade at the rear of the site is also such that the septic tank must be located towards the flatter area closer to the front of the lot line. Neighboring property lines sit atop spurs in the terrain that are set back further from the road, and are on larger acreages.
## 1 -105 POWERS OF THE BOARD
105.2 To hear and decide the following special exemptions to the terms of this Ordinance:
A. Those special exceptions of Use, Height and Area Regulations which are enumerated in this Ordinance.
B. Yard variances for lots of record as enumerated in this Ordinance.
This case information report may be subject to change at any time before the actual Board of Adjustment meeting to allow for any omitted or supplemental information subsequently submitted in regard to the following special use permits or variances cases.
===== PAGE 19 =====
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.
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.
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.
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.
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.
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."
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
===== PAGE 20 =====
restrictive covenants. The Homeowners Association has determined that the proposed single-family dwelling will conform to their requirements.
## SUMMARY AND STAFF RECOMMENDATION
While this case does not meet the definition of an unnecessary hardship imposed by the Dubuque County Zoning Ordinance, there are some practical difficulties present due to topography that would prove challenging (though not impossible) for an applicant to achieve beneficial use of the property.
Staff recommends granting the variance as requested, which would approve a 50' street setback instead of the required 80'.
Respectfully submitted October 30th, 2025
Ben Kober, Dubuque County Zoning Administrator
===== PAGE 21 =====
ZONING BOARD OF ADJUSTMENT
VARIANCE APPLICATION
Case Number: BA# 11-42-25 Date of Hearing: November 5, 2025
Fee: 1500 Date Paid: 10-13-2025 Check #12198
Property Owner
Name: Martin + Linda Burbridge
Address: 10869 Cedar Rd CT-Pea 52068
Phone: Email:
Property Owner
Name: Martin + Linda Burbridge
Address: 10869 Cedar Rd Q Ct - Peosta 52068
Phone: Email:
Applicant (If applicable)
Name:
Address:
Phone: Email:
Property
Address: San Sebastian Drive
Exact Legal Description: Lot 7 Heritage Ridge Estates Sub Revised
Section: 23 Township: 9ON Range: 2E Township: Peru
Parcel Number: Ole - 23 - 302 - 000
Present Zoning District: R-1 Rural Residential
Date Purchased: 7-2016 Lot Size: 62,291 # Acres: 1.43
Present Use: Vacant lot Proposed Use: Single family home
NOTE: A Site Plan should be attached to this application, showing size of lot, dimensions and location of principal building(s) on the lot, dimensions and location of new structures to be built on the lot, location of well and septic systems and setbacks of any new structures from the lot lines and street lines to the closest part of the new structure. The street line is a dividing line between a lot, tract or parcel of land and an adjacent street right-of-way.
REQUEST: The above-named applicant requests a hearing before the Dubuque County Zoning Board of Adjustment for a determination on the following matter:
## VARIANCE
**PURPOSE & INTENT - DUBUQUE COUNTY COMPREHENSIVE PLAN/ZONING ORDINANCE:**
1. To lessen congestion in the streets and highways. 2. To secure safety from fire, panic, flood and other dangers.
3. To protect health and the general welfare. 4. To provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population. 5. To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
===== PAGE 22 =====
# VARIANCE APPLICATION
REQUEST FOR VARIANCE of Section_____ of the Zoning Ordinance, under which the Zoning Officer refused to issue a permit on_____.
Nature of Variance requested (describe):
1. 50 feet Variance requested to 0U feet required yard setback on: front rear right side left side (CIRCLE ONE) TO BUILD 50 feet from the lot line/street line.
2. ___ feet Variance requested to ___ feet required yard setback
on: front rear right side left side (CIRCLE ONE)
TO BUILD feet from the lot line/street line
3. _____ feet Variance requested to _____ feet required yard setback on: front rear right side left side (CIRCLE ONE) TO BUILD
TO BUILD ___ feet from the lot line/street line.
4. _____ feet Height Variance requested to the _____ required to build an accessory building _____ feet taller than the primary structure.
A. The applicant(s) believe that the Variance should be granted because the applicant(s) are unable to make reasonable use of their property for the following
reasons and the Hardship is:
V Not Financial in nature
CHECK ALL THAT APPLY
✓ Not self-created
The result of the application of the Zoning Ordinance
√ Not based upon ignorance
of restrictions prior to purchase
√ Due to unique circumstances to the property in question and not shared by other properties in the vicinity.
Suffered directly by the property in question
B. The proposed Variance will not alter the essential character of the neighborhood for the following reason (s);
Building in a residential neighborhood with Strict Covenants
C. The proposed Variance is in accord with the purposes and intent of the Zoning Ordinance** See bottom of first page for the following reason (s):
NOTE: I HEREBY CERTIFY THAT ALL OF THE ABOVE STATEMENTS AND THE STATEMENTS CONTAINED IN ANY PAPERS OR PLANS SUBMITTED HEREWITH ARE TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. I ALSO GIVE MY CONSENT FOR THE ZONING DEPT. PERSONNEL TO GO ONTO THE PROPERTY TO TAKE PICTURES AND INSPECT THE SUBJECT PROPERTY AT ANYTIME TO VERIFY THAT ALL COUNTY REGULATIONS ARE BEING FOLLOWED.
10/13/25
Signature
Date
Date
Signature
Signature
Date
Date
===== PAGE 23 =====
## ZONING BOARD OF ADJUSTMENT BY-LAWS
### Sec. 4 - Granting of a Variance
TO GRANT A VARIANCE TO HEIGHT, SETBACK, ACREAGE OR PARKING REQUIREMENTS, THE BOARD MUST FIRST ESTABLISH THAT:
1. The property involved cannot reasonably be used for a permitted use.
2. The hardship suffered results from application of the Zoning Ordinance.
3. The hardship suffered is inherent in and unique to the property involved and is not shared by other properties in the vicinity.
4. The hardship suffered results from actions other than actions of the Owner.
5. The Variance sought is the minimum necessary to relieve the hardship.
6. Granting the Variance will not alter the essential character of the neighborhood.
### 1. Why is the Variance needed?
To allow them to have a level septic system. To have an area behind the house to bury the propane times
2. Is this a financial hardship? YES___ NO V
3. What caused the Hardship?
Sharpoon of the lot and steep decline of the back yard.
4. Is the Hardship suffered directly by the property in question and not shared by other properties in the vicinity? YES X NO____ Explain.
NOTE: The property owner must attend the meeting OR send a letter to the Board stating who else may speak on their behalf. Someone must be present at the Public Hearing to answer questions or the case will be tabled by the Board.
===== PAGE 24 =====
Iowa DNR, Esri Canada, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA 860
Dubuque County Townships
Notification List - Site Map
Case Number - BA#11-42-25
Owners - Martin and Linda Burbridge
Applicant - Martin and Linda Burbridge
Variance
Parcel Number - 06-23-302-006
Section 23 Peru Township
Dubuque County Zoning Board of Adjustment
Hearing Held on November 05, 2025
N
===== PAGE 25 =====
Aerial Map
BA# - 11-42-25
Owners - Martin and Linda Burbridge
Parcel Numbers - 06-23-302-006
Section 23 of Peru Township
Dubuque County Zoning Commission
Hearing Date on November 05, 2025
V
1:4800
Dubuque County Townships
SCHUELLER, STEVEN A & AMANDA S 06-22-400-004
06-23-100-022
===== PAGE 26 =====
Dubuque County Townships
Zoning Map
Case Number - BA#11-42-25
Owners - Martin and Linda Burbridge
Applicant - Martin and Linda Burbridge
Variance Application
Parcel Number - 06-23-302-006
Section 23 of Peru Township
Dubuque County Zoning Commission
Hearing Held on October 21, 2025
===== PAGE 27 =====
===== PAGE 28 =====
06-23-301-003 06-23-302-003
STROHMEYER, CHRISTIAN R & NICOLE A TRUST
-302-003
GANSEN, RICHARD
W & TERESAA
06-23-301-004
06-23-302-004 RUNDE, RICHARD R & WANDA M
DONATO, NICHOLAS P & KATELIN R AKA DONATOP, NICHOLAS PATRICK & KATELIN REBECCA
JAEGER, ROBERT L & JACQUELINE R
06-23-301-005
06-23-302-005
VANDERHEYDEN,
ANDREW D &
JACQUELINE A
TESLOW, WADE
E & 06-23-326-00
JENNIFER J
GANTZ, CHARLES J TRUST
06-23-302-006
BURBRIDGE,
MARTIN S
& LINDAA
TESLOW, WADE & JENNIFER J
06-23-326-004
COWLES, DOYLE
L & LORI M
06-23-301-006
HILLARY,
DANIEL P & JENNY R
6-23-351-002
Iowa DNR, Esri Canada, Esri, HERE, Garmin, INCREMENT P. USGS, EPA, USDA 06-23-376-002 & LOIS V
Dubuque County Townships
## 0
300 Feet
Notification List - 233' Buffer Around Parcel Case Number - ZC#10-22-25
Owners - Martin and Linda Burbridge
Applicant - Same as owner
Variance
Parcel Number - 06-23-302-006
Section 23, Peru Township
Dubuque County Zoning Board of Adjustment
N
