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Mills County board grants smaller-than-requested setback for Oak Township property
Summary
The Mills County Zoning Board of Adjustment approved a variance reducing a street-side setback to 38 feet at 55258 Fallow Road, less than the 25-foot setback the applicants sought, after hearing HOA opposition and staff explanation of county setback limits; vote was 4-0.
At 06:30 the Mills County Zoning Board of Adjustment opened a public hearing on a variance request for a property at 55258 Fallow Road in Oak Township and voted 4-0 to approve a reduced street-side setback of 38 feet, rather than the 25 feet the applicants asked for.
The applicants, Tanda Tanda Moore, said the house on the corner lot would be re-oriented and asked the board to reduce the setback from the existing 50 feet to 25 feet so they could place a manufactured home. "That's why we're here to adjust it to 25 feet," Moore said.
The request drew opposition from neighborhood representatives and homeowners association officials, who told the board their roads and easement permissions are privately controlled and that the HOA had not been notified. A speaker representing the HOA said the association manages the neighborhood roads and water system and asked the board to deny the variance so the HOA could review the proposal.
During the staff and board discussion, members clarified the county standard and the board's legal limits. The acting chair read the board's hearing procedures, and a board speaker explained that county setback rules set the street setback at 75 feet and that the board may grant at most a 50% reduction under local authority. "The board cannot approve the request as it is because it's greater than the 50% that's allowable for the board to make as a variance," the speaker said. The acting chair added, "The most we can allow is 38" feet.
Board members cited the property’s irregular lot configuration and the difference between an HOA easement and the county setback rule when considering a compromise. The applicants and neighbors also discussed on-site utilities: the applicants said a septic system exists but that the site’s suitability for new construction would require a Mills County Public Health inspection.
Following discussion, a motion "by Ted" and seconded by Jeff Evans to approve a variance allowing a 38-foot street-side setback passed on a 4-0 roll call. The board and speakers noted the approval does not remove other requirements: the applicants must still obtain any required HOA permissions, secure a building permit, and clear any public-health or septic issues with Mills County Public Health before construction.
The board closed the hearing, set tentative future meeting dates, and adjourned.
