Game reserve request tabled

MARSHALL COUNTY — a request to for a variance of use to allow a game reserve was tabled at February’s meeting of the Marshall County Board of Zoning appeals (BZA).

Dan Falk requested the variance of use for his property located at 16641 2B Rd in Walkerton.

Plan Director Ty adley presented the findings of fact to the board. The first finding stated that the approval of the proposal may be injurious to the public health, safety, and general welfare. The second finding stated that the use and value of adjacent properties may be effected depending on the amount of use from the property. The third finding stated that the existing ordinance does not have development standards or similar uses for the proposal. The fourth finding stated that since the ordinance doesn’t specify information similar to the proposal, this would “be identified a hardship to require a variance.” The fifth finding stated that the comprehensive plan does not make reference to game reserves or similar uses.

Based on the information provided, the planning staff recommended tabling the proposal in order to have items addressed. Those items include an operational site plan, what animals would be available, what kinds of firearms would be used, how will the safety of the consumers and those that live around the property be addressed, and hours and dates of operation. The Technical Review Committee also recommended to table the request.

The amount of land that Falk is wanting to use for the game reserve is about 132 acres. When asked what types of animals that would be inside the reserve, he stated “anything permissible by the state” which could include white tail deer, sheep, and goats.

Falk was also asked if he had a site plan. He stated that he just had a fence currently. “I don’t know what I’ll do in the future,” said Falk adding that he would have to come back for additional permitting should he want to add a lodge or a cabin.

When he was asked about what type of firearms would be allowed, Falk replied anything legal by the State of Indiana.

When the public hearing was opened, the public weighed in on whether or not this request be approved.

Steven and Cheryl Linback objected to the request. They live adjacent to the proposed reserve. “We have small animals who are right there. We have grandchildren, three, four, five years old out here running in our yard all the time. Not to mention ourselves. I couldn’t handle all

those gunshots. I just couldn’t do it. And I could not handle my grandkids being out there and they’re with us all the time,” said Cheryl. She also asked how their property value would be effected.

“I would rather not have gunshots from September till April,” said Steven. He also questioned who would be coming out to the reserve.

Ellen Hummel couldn’t say whether she would be for or against the request because she saw nothing in reference to a game reserve in the County zoning ordiance. She has lived at her property, adjacent to the proposed reserve, for over 40 years. Her concern was that she has a couple of ponds on her property where mallard ducks and Canadian geese come. “I would never, never want to see any hunting allowed for birds because of the mallards and there’s wood ducks in the neighboring woods,” she said. She also wasn’t favorable to hearing gunshots during the year.

Cory Hawkins objected to the request. He wanted to see more of a site plan, especially when it came to shooting. “Where is down range going to be?” he asked. He also asked if there would be tree stands or hunting from ground blinds. Another issue he was concerned about was if Falk or the individual hunters would have to provide liability insurance.

Jim and Carolyn Monroe objected to the request. Their concerns came from safety, value of property.

“It is literally in our backyard and we have a section of woods that I enjoy walking in. Which if, from September through April, I can’t do that, then I have lost my property value and my freedom,” said Carolyn.

Jim Duff brought up the concern of how it might effect the gravel road and the fact that poachers are prevalent in the area.

There was one letter of correspondence objecting to the request due to the fact that the property should stay how it is zoned, and the number of neighboring homes, and the number of county drain tiles located on the property.

When the public hearing closed, Falk was asked by the board about who would be hunting in the proposed reserve.

“Initially, that was the intention to have people and clients and people I know that want to come up,” said Falk. He added that the Board of Animal Health has contacted him to see if Falk needed any assistance.

“Shooting into April doesn’t make any sense,” Falk said about one concern. “Deer hunters don’t hunt in April. They’re mostly trophy hunters and they’re going to be in there till, January they drop their antlers.”

As far as gunshots, Falk stated “there’s a lot of gunshots and poachers and stuff. In the short time I’ve owned it, I’ve caught several trespassers.”

He did say that an 8-foot fence was going to be installed. “I ordered forty-three hundred trees that are going to be delivered in the spring,” he said, adding that it would aid in the aesthetic of the property.

Falk addressed the concern about duck hunting. “If it’s a good spot to hunt ducks or geese then, I mean there’s going to be friends of mine that we get together and that’s kind of what we do.”

BZA President Jeff Gustafson said that there seemed to be a difference between Falk and his friends and Falk and paying customers.

“We’ll have to be discretionary about that, and safety is always a concern,” Falk said. “I don’t want to lose everything I’ve worked hard for either. And carrying insurance and that type of thing is part of what we have to do in due diligence if we do have people come and hunt.”

When asked who will be overseeing the hunters on his property, Falk replied that he would be along with some others. “Every hunter has a guide,” Falk said.

“I feel like there’s more information that could be provided to the board,” said Board Member Matt Miller.

The rest of the board shared the same concern about wanting to see an actual business and site plan. There were additional concerns about whether the hunters would be restricted to shooting into the property or out toward the neighboring properties.

The board voted unanimously to table the request until such a time that Falk can provide a site plan.