Appeal gets washed out (12/19/2008)

Despite the lack of specifics in the county's zoning ordinance, an appeal to allow a hog trailer washing barn was denied.

The Jay County Board of Zoning Appeals made a unanimous decision after nearly two hours of discussion to deny the appeal of Randy Brotherton, who wanted to build a barn in which he could wash out hog trailers that he's leasing on their way through the county. His plans were to install the 100-by-24 foot barn on 3.5 acres of property located at 1451 West 400 North, Portland.

The meeting was the second on the subject, after an hour-long discussion on Oct. 16 was continued.

The BZA cited setbacks for open-earth pits and designation as commercial business as two deciding points on the denial.

Attorney Phil Frantz, who represented Brotherton, opened the meeting with and argued throughout that since a hog-washing facility is not defined, the board could and should grant the request. Frantz said if the board wanted Brotherton to meet specific requirements, such as obtaining written approval from the Indiana Department of Environmental Management and the Jay County Drainage Board, that would be acceptable.

"It can be and should be allowed as a variance of exception," he said. "I haven't seen a good reason why he can't do it."

Although setback requirements and definitions of open-earth pits for animal waste or wastewater are listed under the section for confined feeding operations in the zoning ordinance, the board felt it would still apply to the retention pond Brotherton planned to install to hold the wastewater from the washes until he could pump it out and remove it.

"There is a lagoon and it has hog waste going into it," said attorney Bill Hinkle, who was representing the Jay/Portland Building and Planning department.

"You do not have a confined feeding operation," argued Frantz. "It does not apply."

"You have to go to the section that best applies," countered Hinkle.

"If it's not defined you can do it ... you can grant a variance," Frantz reminded the board.

"Even though this is not a confined feeding operation, I have a problem with a lagoon," said board member Dennis Rodgers. "(The property) is poorly suited for this operation.

"The property is not big enough, period," Rodgers said earlier.

"I have to agree with you," said board member Steve Ritchie.

The board was also not convinced the use of the barn would not be classified as commercial business, since Brotherton would profit from the washing on land that is zoned agriculture/residential.

"I'm not convinced it's not commercial," Rodgers said shortly before moving to deny the appeal.

The meeting lasted nearly two hours as the board questioned Brotherton about the structure itself, about how the waste is handled, and about drainage on the property. The board also heard objections from several neighbors who expressed concerns about odor, traffic, property values and flooding during hard rains.

Brotherton mentioned he had looked into building a commercial facility within the Bryant industrial park, but aside from not having the money to start an operation, said he was met with some resistance when he approached with the idea.[[In-content Ad]]