A hockey goal post, a typical 7-year-old, a standard dresser: these are all thing measuring about four feet tall.

While it may not seem like a long distance, 48 inches of required setback have kept a local family of five and their two dogs in a cramped apartment rather than in a recently-completed new house in the 6400 block of H Road west of Waterloo.

A setback variance request for the property was a topic of conversation during the July 1 meeting of the Monroe County Zoning Board of Appeals.

Property owners Caley and John Homrighausen filed the variance request in May when it was discovered the foundation of the house was only 16 feet from the property line of an adjacent lot rather than the required 20 feet.

Due to the violation, a final inspection and occupancy permit have not been issued, and the Homrighausens have been living in an apartment awaiting resolution of the matter.

Caley Homrighausen began her statement at the meeting by saying county officials had been to the property several times for inspections, but the setback was never discussed. 

When the error was realized in April, Caley said a stop construction order was never issued.

Monroe County Zoning Administrator Chris Voelker pointed out that the county does not do surveying work as part of its inspection process, adding it is incumbent upon the property owners and the construction contractor to ensure the building is properly situated.

Voelker did show a site plan submitted to the county which indicated a plan to create a 20-foot setback for the house.

The project was completed by KB Contracting, owned by Michael Thomas, although Thomas and his company were never named specifically during the July 1 hearing, and a board member advised speakers not to mention them by name.

Caley told the board she and her husband advised Thomas they wanted the house as close to the setback line as possible due to the property sloping to the east.

She added that Thomas told them the house would be constructed “about 25 to 30 feet” from the setback line.

When the Homrighausens notified Thomas of the error, Caley said Thomas told them a variance or a land swap would be the easiest way to rectify the situation.

When the couple originally applied for the variance, adjacent property owner Josh Biffar did not object. 

However, when the Homrighausens later learned of an objection by Biffar to the variance request, Caley said they stopped communication with Thomas to avoid any possible legal issues.

Caley said they had been referred to Thomas and had trust in his capabilities as a contractor, and only learned of “financial issues” and other problems during the construction phase. 

Thomas and his company are currently named as defendants in multiple foreclosure cases and at least two other lawsuits pending in Monroe County Circuit Court.

Thomas had also been cited last year for ordinance violations by both Monroe County and the City of Waterloo for failure to obtain occupancy permits and certificates of zoning compliance. 

Biffar then spoke during the meeting, saying his main concern with the setback as a farmer was potential liability for overspray of chemicals affecting the house’s siding, adding there is “zero tolerance” for farming-related damage to property.

He also said the setback variance could be an issue in the future if he chose to build on his property or if he sold the property.

Biffar said a land swap would not interest him as he currently has a straight property line, but added he would be open to entering into a liability waiver agreement or property purchase, although he had not been contacted by the property owners since he objected to the variance.

Caley said she would also be open to working with Biffar, but that based on prior conversations she was not confident he would agree to a waiver or other means of resolution, and that she did not want to spend money on something that would be rejected.

Caley also added she had given birth to her third child on June 5, which was another reason for delaying communication.

“I can’t believe the builder is not represented here,” said board member Brian Coats after Caley and Biffar had spoken, referring to the fact Thomas or a representative of KB Contracting were not available for input during the hearing.   

Alan Biffar and Rita Biffar then spoke against granting the variance.

“Word is out there, those variances are a dime a dozen… and that’s the consensus of this builder: ‘I can do whatever I want, they’ll get a variance, and it’s not a big deal.’ That’s why I’m against (the variance) because this is a big mess,” Rita said.

During discussion among board members, Mike Kovarik said “granting variance in this case is tough because of precedent” in future cases, but added he didn’t feel all necessary options have been explored.

The board then voted unanimously to deny recommending approval of the variance request, with board member Russel Gregson urging the Homrighausens to communicate with Josh Biffar to find a resolution which will work for both of them.

In other action on July 1, the board approved an area/bulk variance for the site of the new Sydenstricker Nobbe Partners building at 6627 State Route 3 south of Waterloo.

Representative Tom Nobbe said the blacktop required due to the size of the building was not necessary as the structure is not a true “office space” and does not need as many parking spots as county code requires.

Nobbe also said the required blacktop would not hold up due to the weight of varying displays of heavy equipment which would be in that spot and would need to be replaced frequently.

Nobbe also said he would agree to apply a less expensive “A3” pavement surface in some of the areas in question.

Monroe County State’s Attorney Ryan Webb advised the board the variance would be void if the building were to be substantially remodeled in the future.

The board approved the request with the added A3 surfacing as discussed.

Board member George Obernagel abstained from the vote due to his involvement with Sydenstricker Nobbe Partners.