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DEARDORF v. BOARD OF ADJUSTMENT OF PLAN. & ZON. COM'N

No. 50692.

118 N.W.2d 78 (1962)

John C. DEARDORF and Catherine V. Deardorf, Appellants, v. The BOARD OF ADJUSTMENT OF the PLANNING AND ZONING COMMISSION OF the CITY OF FORT DODGE, Appellee, Summit, Inc., Intervenor.

Supreme Court of Iowa.

November 13, 1962.

Attorney(s) appearing for the Case

Rider, Bastian & Beisser, Fort Dodge, for appellants.

Donald J. Mitchell, Fort Dodge, for appellee.

Burnquist, Burnquist & Kersten, Fort Dodge, for intervenor-appellee.

GARFIELD, Chief Justice.

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 "multifamily" 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...

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