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Jackson County Board of Adjustment tables variance request for front-yard addition

Jackson County Board of Adjustment · April 8, 2026
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Summary

The Jackson County Board of Adjustment on March 23, 2026, voted to table a request by Amon Wengaard to reduce a front setback after members questioned whether the addition met the new Iowa Practical Difficulties Variance Act and because the applicants were not present to explain construction that had begun without clear permits.

The Jackson County Board of Adjustment voted to table a dimensional-variance request from applicant Amon Wengaard at its March 23 meeting after members raised legal and procedural concerns and the applicants were not present to explain the project.

At the public hearing, a county staff member said the proposed bedroom/bath and porch addition would reduce the required 40-foot front setback to roughly 27 feet from the public right-of-way — a variance of about 13 feet — and that secondary roads and environmental health reported no immediate roadway or interdepartmental issues. The staff member also said the applicant paused construction after county staff notified them that a zoning permit was required.

The board’s discussion focused on whether the variance met the standard in the Iowa Practical Difficulties Variance Act, which members said requires a physical condition unique to the property and forbids variances that are self-imposed. A committee member questioned whether the need for a variance was created by the applicant or prior owners, saying, “My understanding is that it's gotta be unique to the property conditions… and it can't be self imposed.” The committee member also noted concern about approving variances for work already under way.

Board members repeatedly emphasized that the applicants were not present. The Chair summarized options and said the board could table the matter to allow the applicants to appear and explain intent. The Chair moved to table BOA case 26‑02; the motion was seconded and the board voted to table the application pending applicant appearance and further verification of right-of-way and permit details. Staff was directed to contact the applicants and the board noted its next meeting date for potential follow-up.

The board did not make a final ruling on the variance. The next scheduled Board of Adjustment meeting noted by staff is April 27, at which the application may be reheard if the applicants appear or staff provides additional documentation.