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The new modular home located at 204 Dunning Ave in Mount Ayr has been moved to comply with Mount Ayr City zoning ordinances.
The Mount Ayr zoning code requires a front yard setback of either 30 feet or a 25% reduction from the smallest front yard depth of an existing building in the same block, located within two hundred feet of either side lot line and fronting on the same street, whichever is greater.
However, on July 26, 2022 city superintendent Brent Wise discovered the house had only been placed 26 feet from the front lot line.
The original building permit, approved by Brent Wise on March 17, 2022, showed a front yard set back of approximately 60 feet.
Prior to the placement of the house, city superintendent Brent Wise had a verbal discussion with a representative of the contractor about the the distance the home could be placed to allow for the largest possible back yard.
The dwelling needed to be placed at least 37.5 feet back from the front lot line, in accordance with the 25% reduction, to comply with city zoning ordinances.
The house had been placed measuring the distance from the back of the Dunning Avenue curb, rather than from the lot line.
The owners of the house requested a variance from the Board of Adjustments in October of 2022, expressing the move would be costly and stressful. The estimated cost was expected to be roughly $50,000.
The Mount Ayr Board of Adjustments voted to allow a variance on November, 14, 2022 so the owners would not have to move the house.
The City of Mount Ayr then appealed the Mount Ayr Board of Adjustment’s decision.
Last month, the Iowa District Court for Ringgold County found at least three of the four factors required for approval of a variance had not been met.
The court ordered a reversal of the variance initially granted to Hill Family Trust, finding the Mount Ayr Board of Adjustment acted illegally and arbitrarily in its November 14, 2022 approval of the variance.
Creston Mobile Homes applied for a new building permit on behalf of Hill Family Trust on May 16, 2023. The modular home now sits 54 feet back from the lot line, resting almost even with other homes along the street.
Neither the City of Mount Ayr or Creston Mobile Homes have disclosed who paid to move the home.