The third time was not the charm for John and Caley Homrighausen in trying to get a variance request in order to legally occupy their home in rural Waterloo.

During Thursday night’s Monroe County Planning Commission meeting, the request failed to gain a recommendation of approval to the Monroe County Zoning Board of Appeals by a 7-5 vote. 

Monroe County officials did not issue a final inspection or occupancy permit last year after it was discovered that part of the Homrighausens’ nearly-completed home on H Road was too close to an adjoining property by four feet.

The Homrighausens then filed for a variance request to allow them to move into the home despite it not conforming to county setback requirements.

County ordinance requires a setback of at least 20 feet from an adjacent property. Part of the Homrighausens’ residence is 16 feet from the property line.

The board of appeals denied the request last July, and the Homrighausens agreed to work with adjoining property owner Josh Biffar to resolve the issue without official action by the county.

During that meeting, Biffar – who farms the property adjacent to the Homrighausens – stated his hesitation in agreeing to the variance  was a potential liability for overspray of chemicals affecting the house’s siding, adding there is “zero tolerance” for farming-related damage to property.

In the meantime, Caley was cited 14 times in 2024 for “knowingly residing in a building without final certificate of zoning compliance” at the property in question.

On May 27, Caley pleaded guilty to the original ordinance violation. As part of the plea, the 13 subsequent citations were dismissed, and Caley was fined $600.    

A few weeks later, another variance request was once again on the June planning commission agenda, although the request was rescinded prior to the meeting.

Seemingly not being able to reach a compromise with Biffar, the Homrighausens returned to the planning commission last week seeking relief – this time applying for a different kind of variance.

 The Homrighausens applied for a hardship variance, stating the denial of an occupancy permit has created an undue hardship on the family.

Hardship variances are generally applicable in cases which enforcement of an ordinance does not create a burden on the public or surrounding property owners, is specific to the property in question and is not “self-created.”

The house was built by KB Contracting, which is owned by Michael Thomas.

During the board of appeals meeting last July, Caley – while not mentioning Thomas or his company by name under advisement of a board member – said Thomas reported 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 land swap would be the easiest way to rectify the situation.

The issue is still not resolved, although the Homrighausens were able to add another chapter in their saga after Thomas filed a “complaint to foreclose” last month following a “mechanic’s lien” filed at the beginning of the year.

The suit, filed July 11, claims the Homrighausens still owe Thomas’s company $41,388.48 for “labor or services or equipment or materials” furnished during construction.

As part of the filing, Thomas is requesting that the property be sold “in default of the payment of the sum found due.”

The Homrighausens declined to comment on this pending litigation.

Thomas himself has been named in a number of legal actions in the last year, with several of his own properties being foreclosed, according to legal notices published in the Republic-Times beginning Nov. 6, 2024.

The foreclosure suit against the Homrighausen is currently under review in Monroe County Circuit Court with a hearing date to be set “if necessary.

As for the ongoing variance request, the board of appeals is expected to vote  Monday, Aug. 25, whether or not to recommend approval to the Monroe County Board of Commissioners, which has the final say in the matter.