Dubuque County Board of Adjustment approves setback variances for three rural lots

The Dubuque County Board of Adjustment approved setback variances for three property owners at its meeting, granting exceptions that officials said will allow homes to be positioned to avoid tree removal and to reduce stormwater impacts.

Chair (acting) opened each case with a recitation of the board’s quasi‑judicial role and procedure, then members heard three separate applications. For Case BA03‑04‑26, applicants Seth and Allison Kelly asked to site a new single‑family house closer to the road on Lot 2 of Heritage Ridge Estates to preserve trees and reduce runoff. "We're just trying to keep the house a little closer to the road to keep that runoff to a minimum in the back and keep us from having to cut down the trees," said Seth Kelly, who was sworn and gave his Mount Horeb, Wisconsin address for the record.

Builder Joe Weber, who said he supports the design, told the board the proposed placement "will equal out the subdivision" and avoid removing trees. The board debated whether to match previously granted front setbacks on neighboring lots and explored compromises; after discussion a motion to set the required front setback near the nearest point at 55 feet (a compromise between requested and typical setbacks) was made, seconded and approved by the board.

In Case BA03‑05‑26, applicants listed as Jean and Laura Shelaghorn sought a 30‑foot front variance (from an 80‑foot requirement to 50 feet) and a 15‑foot side variance for a pie‑shaped lot. Applicants and their representative explained the lot narrows toward the tree line and that siting the house farther forward would reduce the need to clear timber and would preserve stormwater storage on the lot. The board approved both requested setbacks, with a condition discussed on gutters and downspouts to keep runoff on the property.

Earlier in the meeting the board briefly tabled Case BA03‑03‑26 when applicants were not present, then recessed and later reopened the public hearing after staff contacted the applicant. When Steve Wilworth (identified by staff and sworn) joined the reopened hearing and described access and septic plans, the board voted to approve that application as presented; staff told the applicant to return to the office to complete notarized signatures and recording paperwork.

Staff and board members flagged several clerical notice errors in filings and said Iowa courts typically treat minor noticing mistakes as non‑jurisdictional when affected neighbors were notified; staff reported that mail notices had been sent to properties within 200 feet as required in most cases. The board recorded motions and roll‑call responses on each action; staff will follow up with applicants to finalize decisions and any recording fees.