Deardorf v. Board of Adjustment of Planning & Zoning Commission

— -The appeal involves the legality of a variance from the zoning ordinance of the City of Fort Dodge granted by defendant Board of Adjustment to permit erection of an apartment building in an R3 “multi-family” district. The proposed building exceeds the maximum height the ordinance allows and violates its provisions as to yard width and lot area.

Plaintiffs own and occupy the residence -across the street west of the proposed site. They brought certiorari to challenge legality of the board’s grant of the variance. Following trial the district court annulled the writ. Plaintiffs have appealed.

In…