[{"_1":2,"_110":-5,"_111":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,74,86,98],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":56,"_68":69,"_70":56,"_71":72,"_73":72},"mediaId",6256277,"mediaKeyId","3156923-8469a94087803928ccdb6aaa7a18c257","parentId",3156923,"title","Neighbors complain of persistent noise from Frederick Welding; Board of Adjustment says it lacks authority to revoke special exception","audioSeconds",2408,"startMs",2719310,"endMs",5128280,"viewUrl","/Search/View?dp=1&key=3156923-8469a94087803928ccdb6aaa7a18c257&start=2719&end=5128","thumbnailUrl","https://assets.pipeline.soar.com/3156923-8469a94087803928ccdb6aaa7a18c257/thumbnail_2719310.jpg","articleUrl","/articles/6256277/Jackson-County/Iowa/Neighbors-complain-of-persistent-noise-from-Frederick-Welding-Board-of-Adjustment-says-it-lacks-authority-to-revoke-special-exception","mediaUrl","https://secure.pipeline.soar.com/6256277-6b680b2751493dc271d083043bcd930b/orig.mp4?Expires=1774928198&Signature=n8T7S4xmewxSrHluNRgDDLtg5poo2v4MckI1V3Waqbgdkc~y2EAWjAQRh7Y-55STO9UgwtiL5BmP3GMRTsgOd~JGIpDXBHy0VtSGQeNkSjflCGREdP2rjtYuXdW8onfIM4yknf75ZlqCU1GI-JlpM~GUv90Z9sEPUhryT2ptoiF~NqLa4ELTElA1d0h0dNwovxuJUd0tpuozoyu7r-nNhkllwD1gOnmp3oVqcb3VdURisgcSu-hsKBhnKa4MdDjgv1oBuDRklfDi8Rf9jmHpG5lC04YRDf3wqbhA6CruuFCTc8mbM-OG~aK3PufFyD34l9zJY8XgjWjS67Q88v7FjQ__&Key-Pair-Id=KUT5TJCACFTXG","author","Jackson County, Iowa","date","2025-04-30T16:18:08.833Z","article","The Jackson County Board of Adjustment on April 28 heard sustained public testimony from neighbors who say excessive and sporadic noise from Frederick Welding and Repair has disrupted life on adjacent properties. After hearing testimony and reviewing recordings submitted by neighbors, the board concluded it lacked statutory authority to revoke the home‑industry special exception granted in 2007 and dismissed the complaint for lack of jurisdiction.

Neighbor Jennifer Fink, who lives across the road from the business, described repeated disturbances and said she and her husband, Chuck, have documented the problem. “The constant excessive noise caused by project welding and repair ... persists at all hours,” she told the board, adding that she had kept “over 200 audio files in the past month” to document noise during early mornings, evenings and weekends. Fink said the noise has forced changes in employment and family life, including switching jobs and canceling family gatherings.

Tom Frederick, owner of the business, told the board he performs farm-equipment repair and fabrication work that can be noisy and that some machinery simply cannot be moved inside the building; he said he had been told during the original approval that certain activities and a small number of employees were permitted. “I ain't saying I don't make no noise. I'm not sitting back,” Frederick said, noting that he has worked at the site for many years and that many of his repairs are agricultural in nature.

Legal and procedural context: County staff advised the board that state law and county precedent limit the board’s authority to revoke an already‑granted special exception. Staff reported consultation with the county attorney and told the board that revocation of the special exception is not a legal remedy available to the board in this instance; the county attorney advised that enforcement options are narrow and that nuisance complaints of this type may be resolved in courts with jurisdiction over civil nuisance or through county infraction procedures where appropriate.

Board action and rationale: After receiving public comment and hearing from staff, a board member moved to acknowledge the complaint and dismiss it for lack of jurisdiction to resolve the matter administratively. The motion carried by voice vote. Several board members and staff urged neighbors and the business owner to work toward a local agreement, noting that feasible remedies could include voluntary operational changes (for example, keeping the door facing the neighbor closed during noisy work) or pursuing civil remedies where legal standards for nuisance can be applied.

Evidence and requests from neighbors: Jennifer Fink and her husband outlined long-standing efforts to address the problem, including multiple calls to law enforcement, conversations with county staff, and direct requests to the business owner. They asked the board to enforce the original conditions of the 2007 approval, to require doors remain closed during noisy operations, to restrict outdoor industrial work, and to prohibit the use of non-applicants as employees under the special exception. Frederick and his supporters said some work must be performed outside the building because equipment does not always fit inside and because ventilation and heat concerns sometimes require doors to be open.

Board discussion of remedies and policy follow-up: Members used the hearing to discuss possible ordinance changes and administrative tools the county could adopt in the future, including clearer conditions in special-exception decisions (for example, limiting permitted structures, restricting transfers of the special exception to new owners, or imposing periodic reviews). Staff and the board also discussed proposed revisions to board rules and county zoning chapters to add clearer procedures for administrative waivers, conditional use permits, and review timelines; staff said a broader ordinance update was in progress and will be returned to the board for more detailed review at a future meeting.

Speakers

- Jennifer Fink — neighbor and complainant (citizen)
- Chuck Fink — neighbor and complainant (citizen)
- Tom Frederick — owner/operator, Frederick Welding and Repair (business)
- Mike Nicholson — Board of Adjustment member (government)
- Laurie/Laura (county staff) — county planning/zoning staff (government)

Authorities

- Jackson County Zoning Ordinance — definition and regulation of “home industry” (General Provisions, Chapter 3, as referenced in staff report)
- Iowa Code 335.15 — statutory authority for board of adjustment and limits discussed in staff legal advice
- House File 652 (state law change referenced in staff discussion; effective April 15) — changes to variance/board powers discussed by staff

Actions

- Motion: Acknowledge the complaint regarding Frederick Welding and Repair and dismiss for lack of jurisdiction to administratively revoke the 2007 home‑industry special exception.
- Outcome: Motion passed (voice vote); board dismissed the complaint for lack of jurisdiction. The board did not revoke the special exception.

Clarifying details

- Neighbors reported more than 200 audio files documenting noise across roughly one month; they said noise occurs at varied hours including early morning and evenings and on weekends.
- Neighbors described hours of operation reported during testimony as sometimes starting as early as 6 a.m. and continuing after 8:30 p.m.; the board record shows neighbors alleging extended hours and sporadic weekend activity.
- The 2007 special-exception decision included conditions such as limiting the business to farm‑equipment repair by the applicants and limiting exterior parking or storage; staff reviewed the 2007 decision and said most conditions remain on the record.

Proper names

- Frederick Welding and Repair (business)
- Jennifer and Chuck Fink (neighbors/complainants)
- Jackson County

Provenance

- Topic intro excerpt: \"Back at 0Dash06, brought by ... this is a review of a special exception case for a home industry that was granted by the board of adjustment in February...\" (transcript block at ~2719–2770)
- Topic finish excerpt: \"All in favor, say aye. Aye. All opposed same sign. Okay. Thank you, everyone.\" (transcript block at ~5088–5099 when the dismissal motion was approved)

Salience and context: The item drew considerable public comment and underscores a recurring land-use tension: how to balance small rural business activity and neighbor quiet enjoyment. The board’s legal limit on revocation shifted the dispute toward potential civil enforcement or ordinance revision paths.","mediaType","Video","parentTitle","Jackson County Iowa Board of Adjustment Meeting 4-28-2025","oneSentenceSummary","Neighbors told the Jackson County Board of Adjustment on April 28 that persistent, sporadic noise from Frederick Welding and Repair has disrupted daily life; after hearing testimony the board acknowledged the complaint but dismissed it for lack of jurisdiction to revoke the 2007 home‑industry special exception.","taxTitle","taxId",38127,"location","headline","","shortSummary",{"_33":75,"_35":36,"_37":38,"_39":76,"_41":77,"_43":78,"_45":79,"_47":80,"_49":81,"_51":82,"_53":83,"_55":56,"_57":58,"_59":84,"_61":62,"_63":64,"_65":85,"_67":56,"_68":69,"_70":56,"_71":72,"_73":72},6256282,"Board approves special exception for agricultural chemical sales, storage and drone service with parcel-limited condition",1440,1226430,2666500,"/Search/View?dp=1&key=3156923-8469a94087803928ccdb6aaa7a18c257&start=1226&end=2666","https://assets.pipeline.soar.com/3156923-8469a94087803928ccdb6aaa7a18c257/thumbnail_1226430.jpg","/articles/6256282/Jackson-County/Iowa/Board-approves-special-exception-for-agricultural-chemical-sales-storage-and-drone-service-with-parcel-limited-condition","https://secure.pipeline.soar.com/6256282-44d643aeff66ea77215c35854458fc9b/orig.mp4?Expires=1774928198&Signature=DPXXWnokEUqH3cv3V6LL8DuqqWwbHBTpOnk6VVEwhcON5fEkiSZaIlOOWb~MOsiSupZ7AfYTYmpWa0Q0995bYLr2W4U3xe94DPu190XYvLnekuvxcvMcFMQaDen492iFZfqAAjP8BwaygKztd4qJb6tOIeSyL8PBlMnO-f0kPj7W58eFxnNOLYCy-pKJzW0Alazr6fEM0DLFO4KGJ~cerfWxN-suzL-rCUD4jL3CHGIEgL0fX9H3DSNFcAx0Wr2dZxjb1hNxJBLZ-Qt16dH6sKyLZIoXPuZ7fY-5lUjp77RgQ-E3lCbtdwj95UlW-94gMUUeRZYIHDNJlMaO5WJPag__&Key-Pair-Id=KUT5TJCACFTXG","The Jackson County Board of Adjustment on April 28 granted special exception 25-04 to Gregory and Mary Thomas, allowing an agricultural chemical sales and storage operation on a farm parcel that will support their drone-based spraying and seeding business.

Gregory Thomas, applicant and operator, told the board the operation would store and stage agricultural chemicals, maintain containment for totes, and support drone aerial application of fungicides, insecticides and cover‑crop seeding. Thomas described the drones as carrying “about 10 and a half to 13 gallons” per load and said deliveries of bulk product would be limited in frequency (“twice a year, maybe 3 times”) and that most activity is seasonal in July and August. He also said septic is approved for the site and that the applicants plan a concrete‑foundations structure for chemical storage; the building dimensions discussed were described in the hearing as roughly 50 by 80 feet.

Staff presentation and public notice: County planning staff said the required 500‑foot notice area was used for the application and that no objections were received. Staff reviewed DNR/state licensing requirements referenced by the applicants and confirmed the special exception being considered was for the use (chemical sales, storage and agricultural service) rather than for building permits; separate building approvals remain required.

Board action and conditions: During deliberations a board member proposed and the board accepted an amendment to limit the special exception to the specific parcel and to the currently existing building plus the proposed new building; the board added a condition that any additional growth or additional buildings beyond the approved footprint would require returning to the Board of Adjustment. The motion to approve the special exception with that condition passed by voice vote.

Operational details recorded in the hearing: Applicants said containment would be provided for packaging/totes, that trucks typically depart early and return late during active season, and that current field‑wash practices occur at farmers’ fields rather than on site. Applicants said they hold required DNR and state licenses for chemical handling and aerial application. Staff and a board member discussed limiting the approval to the parcel to ensure anyone buying adjacent land would be notified of the use and that expansion would trigger a fresh review.

Speakers

- Gregory Thomas — applicant/operator (business)
- Mary Thomas — co-applicant (business)
- Mike Nicholson — Board of Adjustment member (government)
- Laurie (staff member) — county planning/zoning staff (government)

Authorities

- Special exception case 25-04
- References in hearing to state/DNR licensing and to applicable county ordinance language permitting agricultural service and chemical storage under special exception/conditional uses

Actions

- Motion: Approve special exception 25-04 to allow agricultural chemical sales, storage and drone agricultural service at the subject parcel; amendment adopted to limit the approval to the parcel and to the existing plus proposed building footprints, with any additional expansion to require return to the board.
- Outcome: approved (voice vote). No roll-call tally presented in transcript.

Clarifying details

- Building size discussed roughly: 50 by 80 feet (applicants and staff discussed this as the proposed storage building footprint).
- Drone load capacity: about 10.5–13 gallons per drone load.
- Chemical delivery frequency: typically twice a year; possibly up to three times per season.
- Containment: applicants stated a containment system will be provided for totes and storage.
- Septic: applicant said septic system is approved and at least 30 feet from the proposed building area.
- Public notice: 500-foot notification; staff reported no responses objecting.

Context and follow-up: Staff noted this approval covered the use only; building permits, inspections, DNR/state licensing obligations and any environmental or transportation permits remain separate steps. The board asked staff to record the parcel limitation in the decision so future buyers are aware of the approved use and understand expansion would require additional board review.

Provenance

- Topic intro excerpt: \"Next docket is docket number 25Dash04. Applicants are Gregory and Mary Thomas. ... The proposal is to allow applicants to operate an agricultural chemical sales and storage business.\" (transcript block at ~1226.42)
- Topic finish excerpt: \"All in favor, say aye. Aye. All opposed same sign. K. Thank you.\" (transcript block at ~2630.50 showing vote and conclusion)

Proper names

- Jackson County
- Westbury Meadows, Springbrook (location references used in applicant descriptions)

Salience: Approval affects agricultural operations and chemical storage practices locally; the most salient elements are environmental controls, state licensing compliance, and a board condition limiting the approval to the parcel and approved buildings.","The Jackson County Board of Adjustment on April 28 approved special exception 25-04 to let Gregory and Mary Thomas operate an agricultural chemical sales and storage business on their farm parcel to support drone spraying and seeding operations.",{"_33":87,"_35":36,"_37":38,"_39":88,"_41":89,"_43":90,"_45":91,"_47":92,"_49":93,"_51":94,"_53":95,"_55":56,"_57":58,"_59":96,"_61":62,"_63":64,"_65":97,"_67":56,"_68":69,"_70":56,"_71":72,"_73":72},6256287,"Board OKs reduced front setback for Johnsons' garage addition with timeline condition",760,483060,1243540,"/Search/View?dp=1&key=3156923-8469a94087803928ccdb6aaa7a18c257&start=483&end=1243","https://assets.pipeline.soar.com/3156923-8469a94087803928ccdb6aaa7a18c257/thumbnail_483060.jpg","/articles/6256287/Jackson-County/Iowa/Board-OKs-reduced-front-setback-for-Johnsons-garage-addition-with-timeline-condition","https://secure.pipeline.soar.com/6256287-c8fb719cd8eec0379237f49a0cbbc044/orig.mp4?Expires=1774928198&Signature=MurxCA6bbWentmz2eWoxTC9YwaOHxt5v9ujWM4uTupVfEhjK0moQ0~-C-Rbbl23nIi4rrKePhNSVNl~dpD9di~fI0bLmBZOfRracGaafaH6QNM1ix0r~YioA0nylLx75uP7~rFCpm-Aw~546cLNzBvXCM9jRsqEgqdppEpX8CqZw8ZN~3At2o91I~BzaL7d3RFFavBp2RAeB1xFqer1PG7-pGpwFKXFV4GSAKz1BX43sWGhL7sjDy~fs08xO1djZLzucT2xesHDNo7J~sGSyUmU4-W3v-rr~-uPIxV6Ugt~lsAiewye18AV2bYaYuan7yznONBiHwO7j~95WsHVrXA__&Key-Pair-Id=KUT5TJCACFTXG","The Jackson County Board of Adjustment on April 28 approved special exception 25-03 to allow David and Mary Kate Johnson to build an attached garage with a front setback no closer than 19 feet, where the R‑1 zoning requires a 30-foot front setback.

David Johnson, the applicant, told the board he plans an attached garage about 24 by 24 feet (he said the finished width might end up closer to 20 feet) and that the requested 19-foot measurement accounts for possible roof overhang. He said a large tree near the front of the house constrains placement and that he expects contractor availability to begin in late July or August with completion within two to three months; the board’s ultimately-adopted condition set a completion deadline nine months from the approval date.

The board confirmed the applicant located and reviewed property markers and a survey, and staff said notified neighbors within the county’s 500-foot radius standard; no objection letters were reported. Staff and the board discussed utilities, a gas line that could require temporary rerouting by the supplier, and septic and water, all of which the applicant said would not be impacted.

Outcome and conditions: The motion to grant special exception 25-03 passed; the board conditioned approval on construction starting within six months and completing within nine months from the date of approval. The board recorded the action by voice vote; no roll-call tally is in the meeting record.

Speakers

- Mike Nicholson — Board of Adjustment member (government)
- Daryl Devore — Board of Adjustment member (government)
- John Arns — Board of Adjustment member (government)
- Pete Fish — Board of Adjustment member (government)
- David Johnson — applicant/homeowner (citizen)
- Laurie (staff member) — county planning/zoning staff (government)

Authorities

- Jackson County zoning ordinance (front setback requirement: 30 feet)
- Special exception case 25-03

Actions

- Motion: Grant special exception 25-03 to allow a front setback of no closer than 19 feet for an attached garage; condition that work start within 6 months and be completed within 9 months from the approval date.
- Mover/Second: not specified in transcript; voice vote recorded.
- Outcome: approved.

Discussion and distinctions: The hearing record separates discussion (survey, utility relocation, neighbors contacted) from the final decision (conditioned approval). The applicant said the project would “probably be done within 2 to 3 months” if contractors start in late July or early August; the board’s condition provides a longer window to accommodate permitting and scheduling.

Clarifying details

- Requested front setback: no closer than 19 feet (applicant requested a cushion for overhang).
- Required front setback (R‑1 zoning): 30 feet.
- Conditions: start in 6 months; complete in 9 months.
- Utility note: applicant discussed temporary rerouting of a gas line by the supplier and said the temporary work would be limited to his property.

Proper names

- Jackson County
- Leisure Lake (referenced in notice procedure)

Provenance

- Topic intro excerpt: \"After the answer, David and Mary Kate Johnson. Okay. The proposal is, David and Mary Kate Johnson be granted special exception number 25Dash03, requesting a reduction in the required front setback.\" (transcript block at ~483.06)
- Topic finish excerpt: \"All opposed, same same. Right. Okay. Thank you. Thank you.\" (transcript block at ~1203.54 indicating the vote concluded)

Salience and context: Local zoning decision with direct effect on the applicants and immediate neighbors. The board’s timeline conditions shift responsibility to the applicant to meet the approved schedule and to staff for permitting and inspection follow‑up.","David and Mary Kate Johnson received special exception 25-03 to build an attached garage no closer than 19 feet from the front property line where 30 feet is required; the board conditioned the approval on work beginning within six months and finishing within nine months.",{"_33":99,"_35":36,"_37":38,"_39":100,"_41":101,"_43":102,"_45":103,"_47":104,"_49":105,"_51":106,"_53":107,"_55":56,"_57":58,"_59":108,"_61":62,"_63":64,"_65":109,"_67":56,"_68":69,"_70":56,"_71":72,"_73":72},6256292,"Jackson County Board of Adjustment grants side-setback exception for garage addition",481,35250,516280,"/Search/View?dp=1&key=3156923-8469a94087803928ccdb6aaa7a18c257&start=35&end=516","https://assets.pipeline.soar.com/3156923-8469a94087803928ccdb6aaa7a18c257/thumbnail_35250.jpg","/articles/6256292/Jackson-County/Iowa/Jackson-County-Board-of-Adjustment-grants-side-setback-exception-for-garage-addition","https://secure.pipeline.soar.com/6256292-79bb07bd4a8193c0216fa8733c46224f/orig.mp4?Expires=1774928198&Signature=IPuxFCv79bgcGThdMhKkTgbJGtLMG1FeEKkNV7C6wGoJiWDjQJTgydlNITgOnQ9ZInMQNJ30MIqyvwN0Qwjr-QRAUKR0n2EPui9ve6hGJr6u1sissFUq5VxEf60tH27TLfHq3EnIHOssFkqZV-UrP~BqOfGEug8G-81erM-n3mm7zzXypSTUVTonRxHACSSFGbAyRNso69oBRDos6ha8Ha-0zGXIfQl0yWTLgG3Onpxtl-cMCZg1UyRZuNuky-d~RpoDXPrqeQ958~Hb7aAupDfDqoC9w1nqMXY-Ep8UsCTjLv-F2fO-K-P9WZfi6usJiAuffWvBfKLBdZi8~EygAw__&Key-Pair-Id=KUT5TJCACFTXG","The Jackson County Board of Adjustment on Monday granted special exception 25-02 to allow a homeowner to build a two-car garage addition with a 13-foot side setback, two feet closer than the 15-foot side setback normally required by county zoning rules.

Kevin (applicant) told the board the addition is “basically, I'm adding another 2 car garage” and that the new garage aligns with the existing structure; he said the building foundation is outside the setback and that the portion encroaching is an overhang and gutter. The board heard that neighbors Jerry and Dorothy Bullock had reviewed the survey and had “no issues.”

Jackson County planning staff confirmed the applicant provided a recent survey showing the property lines and said utilities and septic were not affected. The board closed the public hearing and approved the special exception with one condition: the project must be started within three months and completed within six months of the approval.

Discussion and context: Board members asked about property-line verification and the relationship of the new roofline to the setback; staff and the applicant described that the encroachment was limited to roof overhang and guttering and that the house orientation made the requested reduction necessary to align with the existing garage. Neighbors present reported no objection during the hearing.

Outcome and next steps: The motion to grant special exception 25-02 carried; the board recorded the approval and the chair instructed staff to notify the applicant of the conditions and next permitting steps. The applicant said he expected to begin construction within the next three months and hoped to finish by the following winter.

Speakers

- Mike Nicholson — Board of Adjustment member (government)
- Daryl Devore — Board of Adjustment member (government)
- John Arns — Board of Adjustment member (government)
- Pete Fish — Board of Adjustment member (government)
- David Kendall — Board of Adjustment member (government)
- Kevin (applicant) — homeowner and applicant (citizen)
- Laurie (staff member) — county planning/zoning staff (government)

Authorities

- {","The Jackson County Board of Adjustment on April 28 granted special exception 25-02 to allow an addition with a 13-foot side setback where 15 feet is required; the approval includes a condition that work begin within three months and finish within six months.","actionData","errors"]

Article not found

Neighbors complain of persistent noise from Frederick Welding; Board of Adjustment says it lacks authority to revoke special exception

Board approves special exception for agricultural chemical sales, storage and drone service with parcel-limited condition

Board OKs reduced front setback for Johnsons' garage addition with timeline condition

Jackson County Board of Adjustment grants side-setback exception for garage addition