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Board grants conditional use to country store with two conditions after neighbors raise safety and zoning concerns

5774387 · September 4, 2025
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Summary

The board approved a time-limited conditional use for a retail operation at 7336 West County Road 300 South, adding requirements for a new delivery access drive worked out with the county highway department and a shortened review period.

The Board of Zoning Appeals approved a conditional use allowing a retail operation at 7336 West County Road 300 South (the site known locally as Hillbilly Corner) with two explicit conditions: the owner must obtain a new or revised delivery access drive acceptable to the county highway department to keep large deliveries off the public road, and the conditional use will be reviewed on a shortened timeframe (two years) rather than the longer typical amortization period.

Applicant Matthew John said he intends to continue and expand the existing retail and deli operations, add more local farm products and operate a "farm stop" model that provides year-round market access for small producers. "The concept is called a farm stop," John said, describing similar operations he had seen in Bloomington and Michigan and saying he planned to live on site. He told the board he expected to keep much of the current operation while adding more locally sourced products and that he had experience in agricultural education and community outreach.

Several residents opposed the permanent expansion and urged denial or close limits. William Finley, a nearby resident, told the board he opposed converting the site into a permanent retail use, saying the neighborhood was zoned A-2 to protect a residential-agricultural character and that the prior approval had been an amortization-period conditional use. "I built my home with the clear understanding that it is a residential agricultural setting, not a retail portal," Finley said. He argued that a permanent rezoning would remove protections for neighbors and said heavy vehicle deliveries had created safety and sight-line concerns at the driveway and stop sign. Other residents echoed worries about trucks parking on the county road during deliveries and potential effects on property values.

Supporters and nearby business owners urged the board to approve the application, saying the store fills a local food-access need. Robin Carmer, who identified herself with Hillbilly Corner, described the business’s local fundraising and community work and urged the board to allow the new owner to continue services. "We have proven ourself as a business not to just be a business in Decatur County, but to be a business that's been part of Decatur County," Carmer said.

Board members and staff discussed technical points: the county planner explained that conditional uses are time-limited and can be tied to owners and review periods, unlike a permanent rezoning which would remain with the parcel. Commissioners asked about delivery frequency, parking and hours of operation; the petitioner said deliveries vary by product (for example, ice cream deliveries about twice a month and deli supplies weekly) and that most deliveries can be backed into the garage area but that some tractor-trailer maneuvers currently occur on the county road.

After deliberation the board approved BZA petition 2025-3 with two conditions: (1) petitioner must work with the county highway department to provide an access configuration that avoids prolonged parking of large delivery vehicles on the county road; and (2) the conditional use approval will be subject to a two-year review rather than a longer amortization period. The board noted they expect the petitioner to coordinate with county staff to finalize the driveway design and any necessary permits. The board did not adopt additional operating hour limits in the motion but discussed limiting evening hours and suggested daytime-focused hours may be appropriate; the petitioner indicated willingness to work with staff and neighbors on hours if concerns continue.

The board’s decision included an instruction that the petitioner remain in contact with county staff for permit, driveway and inspection steps. The motion to approve and the second were entered on the record and the measure passed, with the board scheduling the shortened review period to allow neighbors an earlier opportunity to raise concerns should they arise.

The petition’s approval preserves a path for the business to operate while creating a near-term review and requiring infrastructure changes intended to address neighbors’ safety concerns.