Variance request denied

Copyright 2017, The Commercial Review

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The first request for an exception to new confined feeding rules that were put in place last year has been denied.

Jay County Board of Zoning Appeals on Thursday denied a request from Zach Bergman to allow him to build a confined feeding hog building 100 feet from a waterway at his property at 7173 E. 400 North. By county ordinance, all confined feeding operations must be at least 300 feet from any waterway.

Bergman made the request, saying that locating the new hog building closer to the waterway would be more convenient for trucks entering and leaving the facility, create a better layout for farming and keep it further away from the nearest neighbor. He also said it would allow for a second building to be constructed in the future whereas the 300-foot setback would not.

In order to help mitigate concerns, plans called for using a berm to direct water south and then east before going back west toward the waterway, thus creating 300 feet of flow.

“My family will be very good stewards of the water and of the land,” said Bergman. “My family has been in the hog business for over 30 years and has always been good stewards of the land.”

His brother, Brad, who plans to join the business in the future, father and Dennis Chenoweth all spoke in favor of the variance as well.

Two owners of neighboring properties and two other local residents asked that the variance be denied.

Eric Post, who lives to the east of the Bergman property, raised a variety of concerns involving increased runoff, flooding, tile removal and erosion. He also asked whether there was a possibility that during heavy rains water could get into pits and result in manure flowing out.

Eileen Boeckman, who lives west of the proposed facility, asked simply that the board abide by the rules.

As a member of the study committee that reviewed confined feeding rules and made recommendations to Jay County Plan Commission that eventually led to ordinance changes in October, Joe Johnston asked that the new ordinance be followed.

“After all that time and effort, hearing all the arguments, going through that process, we think it’s important that we stick with those (rules),” he said. “Water quality is a huge issue in this county and it’s going to continue to be a huge issue.”

Board members Carl Walker, Steve Fennig, Dennis Rodgers and Steve Ford, with Scott Hilfiker absent, asked several questions about the proposed facility, but eventually voted unanimously against the request. They noted that there is no unique characteristic to the property that would compel such a variance and that there is room for Bergman to construct a confined feeding barn on the property while abiding by the zoning ordinance.

The board also elected new officers for 2017 with Hilfiker as chairman, Walker as vice chairman and Steve Fennig as secretary. The board voted to retain Pati McLaughlin as its recording secretary and Bill Hinkle as its legal counsel.