Confusion over changing government ordinances nearly caused a costly setback for a developer building homes in Wright City. A mix up over the proposed fix caused several government advisors to temporarily argue against the solution.

At issue is a subdivision being developed by the Larry Terbrock Construction company off of Highway H. Attorney Brad Goss, representing Terbrock, addressed the Wright City Board of Aldermen June 24 to say that the developer was forced to stop building after city officials discovered a problem with the homes’ setbacks — the foundations being laid were too close to the property lines. Goss said the developer was not solely at fault for the mix up, alleging that city staff had signed off on the construction.

“He actually has foundations in the ground that were approved by the city. Plot plans were submitted, the city approved and issued permits,” Goss explained.

The cause of the confusion was a 2016 change to the city zoning code that only applied to half of the Auburn Meadows subdivision where Terbrock is building, Goss said. He explained that the city had reduced setback requirements in a part of the subdivision zoned for single-family homes, but not another area zoned for duplexes. Terbrock built homes in both areas using the reduced setback requirements, accidentally running afoul of city ordinance, Goss said.

The fix proposed by the developer was to reduce the setback requirements of duplexes from 10 feet to 7 feet. That reportedly elicited a rejection from Wright City’s advisory planning and zoning committee, as well as the Wright City Fire Protection District, who all said that was too little space between homes.

Goss said that objection, too, was due to confusion. The setback is from the property line, not from neighboring homes, he said. That means the distance between homes would be reduced from 20 feet to 14 feet, which is how the developer had been building.

“If the ordinance is not amended, then a vast majority of folks there are going to be living in homes with a ‘non-conforming use,’ meaning if their homes were to burn down, they couldn’t rebuild them. They’d have to rebuild them smaller,” Goss said. Plus, he said all new construction homes would have to be built smaller, something not appealing to the developer or to home buyers.

Wright City aldermen said they agreed that confusion had led their advisors to make a mistaken recommendation. Board of aldermen President Ramiz Hakim said he spoke with the heads of the zoning commission and the fire district to update their understanding, and get their blessing to approve the reduced setbacks.

“I’ve owned businesses my entire life. There’s nothing more annoying than when a government agency delays you or puts a blockade in your way,” Hakim said. “This is not a fire hazard or anything abnormal  to anything else in the city.” 

Aldermen voted 4-0 to change the city’s code in two-family housing districts to allow setbacks of 7 feet from the property line.