August 16, 2019 at 3:48 p.m.
A Bearcreek Township man will get to build a duck barn on his property. It just won’t be where he initially planned.
Jay County Zoning Board of Appeals granted a variance Thursday to Daniel F. Schwartz for the barn, on the condition that he build it to the southwest corner of his property.
Schwartz had requested a variance to construct a 3,300 head breeder duck confined feeding building just to the west of his home on his property at 2446 E. 800 North, rural Bryant. The proposed barn would have been located 445 feet from the residence of Menno C. and Rosie N. Girod to the northeast and 395 feed from Jay Creek Amish Parochial School to the north. The county’s zoning ordinance requires such facilities to have a minimum setback of 750 feet from homes and 1,250 feet from schools.
Several board members expressed concern about the variances, noting that they were especially large. The barn would have required a variance of 855 feet from the school and 305 feet from the Girod home.
That led to discussion about whether Schwartz would be willing to move the barn to the southwest corner of his property. That move still would not meet the required setbacks, but maximized the barn’s distance from the school (about 700 feet) and Girod home (about 740 feet).
While the Jay/Portland Building and Planning Department had received two letters opposing the variance for the barn, members of Jay Creek school board and Menno Girod — the effected property owners — said during the meeting they did not have any objection.
Board member Steve Ford initially made a motion to deny the variance, saying he didn’t believe the request met the requirements for an exception. That motion died for the lack of a second.
Board member Steve Fennig then made a motion to approve the variance, on the condition that Schwartz site the barn at the far southwest corner of his property as possible while maintaining the required setbacks of 100 feet from both the property line and right of way. The variance was approved 3-1 with Scott Hilfiker, Angie Paxson and Fennig in favor and Ford dissenting.
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