Zoning board denies request

A proposed confined feeding operation will need to come up with a new plan for its location.

Jay County Board of Zoning Appeals on Thursday voted 3-2 to deny Eric Albers’ request for a variance to allow him to construct a chicken pullet confined feeding barn on the east side of county road 700 East between county roads 100 North and 150 North.

Albers, a Fort Recovery resident, had requested a variance to allow him to build a barn of about 600 feet by 180 feet to house 640,000 cage-free chickens. The barn would have been closer to a county ditch to the east than is required by county ordinance.

The ordinance requires that such buildings be set back at least 300 feet from any county ditch. The proposed facility was to be within 96 feet of the ditch, thus requiring a variance to be allowed to move forward.

The new facility would have sat just north of the existing Arrowhead Poultry, 1037 N. 700 East. (The Arrowhead facility received its permit in 2015, prior to the ordinance being updated with longer setbacks in October 2016.)

A few residents spoke in opposition to the variance request. Taylor Jellison, who owns property at 1354 N. 700 East, expressed concern about the new barn limiting options for a home and septic system on his property. Dee Shidler, who lives about a half-mile away from the proposed facility, also asked that the variance be denied, noting existing issues in the area with flies and noise from fans. Both also mentioned concerns about water quality.

John Hemmelgarn, director of Jay/Portland Building and Planning Department, noted that one of the conditions for a variance being granted is that the there is a “hardship” for the property owner. He said he does not believe that is the case with this situation, as there is sufficient space elsewhere on Albers’ 40-acre property to meet the setbacks.

The zoning board had brief discussion about the variance request, with president Scott Hilfiker reviewing the requirements that are to be considered in such situations.

Ultimately, board member Steve Ford made a motion that the variance request be denied and Marla Lutes seconded that motion. Ford and Lutes voted in favor of the motion with Caleb Hemmelgarn and Angela Paxson against, leaving Hilfiker to break the tie as he cast the deciding vote to deny the variance request.

“It’s just too close for me,” Hilfiker said of the barn’s proximity to the county ditch.

The meeting was Hemmelgarn’s first on the board as he takes over for Denny Rodgers, who resigned from the position in February.