Two CAFO setback variance requests withdrawn at County BZA meeting

Two requests for Variances of Development Standards to allow Confined Animal Feeding Operations (CAFO), one near Bremen and the other near Culver were both withdrawn by their petitioners following the public hearings at Tuesday’s Marshall County Board of Zoning Appeals. 

Caleb Coffel was seeking a variance to grow his current broiler chicken operation at 3560 Grape Road.  Coffel, who lives on the property with his family has two barns that were approved in 2021 for a Confined Feeding Operation (CFO) with a reduced setback.  He wants to expand with the two new 40x60 barns and increase his flock to over 125,000, which would be a CAFO.  The chickens are free-range within the barns.

There are typically 6 to 7 flocks a year, with 6 weeks on and 2 weeks off.  Everything is kept inside, including the manure is dry. 

Coffel was extremely passionate as he described his current and proposed operations.  He was seeking a variance of Development Standard to allow a reduction in the residential setback from the required 1,320 feet to 493’ to the nearest neighbor. 

Two people and five letters were read in favor of the variance request while three neighbors spoke and four letters were read opposed to the reduction of the CAFO setback including one who was supportive of Coffel’s CFO setback reduction in 2021.

Caleb Coffel was warned that if the County BZA voted down the variance request he would have to wait a year to reapply.  At least one member of the BZA said he couldn’t support the variance to reduce the setback without the closest neighbor’s support.  Coffel withdrew his request and may try at a later date.

The second CAFO setback request came from Lavere Stump of 16424 Quince Road in Union Township.  He wants to build an 81x470 layer barn to house 50,000 laying chickens.

Once a farmer reaches 30,000 chickens they qualify as a CAFO and must meet the 1,320-foot setback from the nearest residence.  The closest neighbor for this CAFO is 662 feet.

Stump told the County Board of Zoning Appeals he could do his project with just under 30,000 chickens and not have to meet the larger setback requirement but with the initial cost he felt 50,000 chickens would be needed with the investment he has.   

During the public hearing, 9 neighbors spoke against the project and 3 of the neighbors who initially signed in supportive of the setback reduction changed their minds after hearing additional information about the layer barn project with letters. 

A letter was also read from the Marshall County Building Commissioner who said Stump had started building his home without a building permit so in May a stop work order was issued and in December the building commissioner found a garage being built without a permit and issued another stop work order. Stump ordered the building commissioner off his property.

Since the neighbors within 1,320 feet wouldn’t sign off the Marshall County BZA indicated they wouldn’t support the variance without the neighbor's support so Stump withdrew his request.