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Jackson County board approves 14‑foot front‑setback variance for Perry Township home

Jackson County Board of Adjustment · April 28, 2026

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Summary

The Jackson County Board of Adjustment on April 27 approved a 14‑foot reduction to the front setback for a residence at 2299 180th Street in Perry Township, imposing a one‑year deadline for completion after hearing the applicant apologize for starting construction without a permit and neighborhood support.

The Jackson County Board of Adjustment voted to approve a requested 14‑foot front‑setback variance for a home at 2299 180th Street in Perry Township at its April 27 meeting, imposing a one‑year deadline for the work to be finished.

The variance would reduce the county’s 40‑foot front setback to roughly 26–27 feet as measured by staff; the request was submitted after the owner had already begun construction and received a county notice. At the hearing the applicant apologized, saying, "it was my mistake to start building without a permit," and described moving from Wyoming where permitting practices differed.

Board members and staff described site constraints that factored into the decision: a walkout basement at the rear, existing HVAC and utility locations, a concrete retaining wall and steep grade in portions of the lot. Staff told the board that the county’s right‑of‑way verification and measurement (overhang versus building face) produced the 26–27 foot setback figure used in the review.

Several neighbors spoke in favor of the applicant, saying they had no safety concerns and vouched for the owner’s character. John Paul, identified in the record as a nearby resident, said he supported the applicant’s presence in the neighborhood. Peter Hoff, who identified himself at the hearing, and another neighbor echoed that support. Steve Kurtz of Mississippi Valley Metals also spoke in favor and asked county staff to develop a short, contractor‑facing synopsis of common permitting rules.

Board discussion focused on how to apply new statutory language passed in 2025 that requires the property owner to show practical difficulties are unique to the property and not self‑created. One member warned that applying the statute narrowly could undercut how zoning is enforced; another member said the existing site features could constitute a property‑tied practical difficulty. The board debated whether an administrative waiver route was available but agreed that this request required board action.

A motion to approve the requested dimensional variance passed with a single dissenting vote. The board attached a one‑year time limit for completion of the work. The chair announced the motion carried and closed the hearing.

Staff said they would also follow up on a county engineer’s right‑of‑way measurement and offered to prepare guidance on setback rules and common questions contractors raise.