County BZA denies CFO request
MARSHALL COUNTY — A request for a variance of developmental standard for two pullet barns was denied at the May 12 meeting of the Marshall County Board of Zoning Appeals. The reason for the request is due to the fact that it does not meet the distance standards of 1,320 feet with a Confined Animal Feeding Operation (CAFO).
Ty Adley, County Plan Director, informed the board that this request is actually a CFO due to the amount of birds that would be located in it. “Some of the standards that are set forth in the development standards are not applicable to this operation. But some of the standards are required which includes the setback of 1,320 which is why we’re here today,” stated Adley.
The 35 acre land where the request would have been located at is on 9B Road in Bourbon Township. The owner of the land, also the person that requested this variance, was on hand to field questions from the board.
Adley gave his presentation to the board and ended it with his office’s recommendation. “Based on the information provided, in the context in the law, the staff and TRC (Technical Review Committee) would recommend denial of their proposal due to the number of residences within the setback,” said Adley.
One of the board members asked Lemler why he chose that location for the CFO. Lemler responded that the location was the only property he owned that could fit the two pullet barns.
Another question posed to Lemler was if the proposed barns could be set further back from the road and from the neighboring residences.
“If it went back farther and as you’re getting to the hill, then the backside of the hill drops off much further. So, you’ve got much more elevation back there,” said Lemler.
When the public hearing portion was opened up, the public had a chance to input why they were for or against the request.
Four people spoke, in the meeting, against the request. Four letters of correspondence were read into record that were against the request. Reasons for being against it included smell, loss of property value, flies, too close to residences, increased traffic, eyesore, noise pollution, and fecal contamination.
There was one letter of correspondence that was read into record that was in favor of the request.
The public hearing was closed at that point.
Lemler was given a chance to respond to the issues raised by the public. As far as flies, he has a parasite system that he’s used in another chicken farm that has worked well and he has records to prove that. For the issue of smell, Lemler plans on planting arborvitaes around the pullet barns which would provide a visual screen and help to dampen the smell. Lemler also has plans to install chimney vents to have the smell go up and not sideways.
Trucks would be coming and going from the pullet barns two to three times in the year.
Because of the distance between the neighbors and the barns, and the other concerns from the residents, the board unanimously voted to deny the request.