Marshall County BZA approves two variances, denies one and tables three items

The Marshall County Board of Zoning Appeals on March 11 approved two variance requests, denied one and postponed three other cases after a meeting held at the county courthouse.

The board approved a setback variance for Steven and Jane King (case 25BZA11) to add a 20-by-25-foot addition to an existing barn, and approved a separate variance for a poultry operation (case 25BZA14) that would expand bird numbers and convert manure handling from liquid to dry with covered storage. The board denied a use variance (case 25BZA16) seeking to allow a second residence on a single parcel. The board tabled three matters — a withdrawn tabled item from February (25BZA04), Carmen Farms (25BZA12) and a Raymer special-use matter (25BZA13) — to a future meeting.

Why it matters: the approvals carry conditions tied to health and drainage permits and the denials preserve existing density and septic rules in rural areas, affecting property owners seeking expanded structures or additional dwellings.

Kings barn addition — approved The board approved case 25BZA11, a request from Steven and Jane King to reduce the local front-yard setback from 50 feet to 30 feet to place a 20-by-25-foot addition on an existing barn. Planning staff recommended approval provided the county health department confirms the proposal will not interfere with required septic standards. Jane King, the applicant, told the board the addition "shouldn't bother anybody. We live on a dirt road" and said the addition would not block the house's view. A letter from Carrie Hahn of Walkerton stated support for the setback request: "I agree with the setback for them to add on to their barn, so it's a yes from us." The board voted to approve the variance based on the findings of fact provided by staff (approval would not injure public health, safety or welfare; use and value of adjacent property would not be substantially affected; strict application would cause practical difficulties). The approval is conditioned on any required health-department determinations tied to permitting and septic compliance.

Poultry operation (Burkholder) — approved with conditions In case 25BZA14, Jean and Brenda Burkholder, represented in part by Melissa Layman of Agronomix Solutions, requested a setback variance tied to an increase in bird numbers and construction of an additional 65-by-520-foot barn (described in packets as a "pullet/bullet barn"). Staff and the technical review committee recommended approval, subject to compliance with the property's February 2015 drainage plan and subsequent permitting steps. Layman described a conversion from liquid to dry manure handling, covered manure storage to reduce odor, and installation of an aviary-style cage-free system that would increase per-barn bird capacity; she said the existing two barns would hold about 90,000 pullets and the proposed third barn is sited to meet biosecurity spacing the integrator requires. The board approved the variance and noted that before any new third barn may be built the applicant must update drainage and sediment-control plans (including any Rule 5 or state permitting required for disturbance of more than one acre) and proceed through IDNR/IDEM or relevant state permitting for an item permit referenced in the staff report. The approval included explicit direction that drainage-plan compliance consistent with the property's 02/2015 plan be confirmed prior to final building permits.

Second residence request (Laba) — denied Case 25BZA16, Joseph and Rachel Laba, asked to convert an existing garage structure into a second dwelling on a single parcel. Staff and the technical review committee recommended denial. The staff analysis noted the county ordinance does not generally permit two residences on a single parcel in this rural area, the site would require a second septic system, and approving the variance would be inconsistent with the county comprehensive plan language discouraging higher-density residential development in rural areas. The board voted to deny the use variance. Opponents raised septic, well separation and property‑value concerns in letters submitted; at least one neighbor who lives nearby expressed support for the property owner but the board described the request as out of character for the neighborhood and not meeting hardship criteria.

Cases tabled or continued - 25BZA04 (Bridal): the item that had been tabled from the prior month was withdrawn by the applicant. - 25BZA12 (Carmen Farms LLC): the applicant was not present; the board tabled the case to the next meeting and asked the applicant to return with detailed drainage/runoff plans and other requested materials. - 25BZA13 (Raymer): the applicant’s special-use matter was continued to the next month.

Votes at a glance - 25BZA11 (King) — approved; condition: health department approval/determination on septic as needed. - 25BZA14 (Burkholder / poultry) — approved; conditions: compliance with property 02/2015 drainage plan and required state/local permits and updated Rule 5/drainage plan before any new third barn building permit. - 25BZA16 (Laba) — denied (use variance to allow second residence on single parcel). - 25BZA12 (Carmen Farms LLC) — tabled to next month (applicant not present; drainage/runoff details requested). - 25BZA13 (Raymer) — continued to next month for special-use consideration.

What comes next: applicants granted variances must obtain required building permits and confirm health/drainage-plan compliance before construction. Items tabled will return to the board agenda with supplemental materials or applicant representation.

Sources: Marshall County Board of Zoning Appeals public meeting transcript, March 11, 2025; staff reports and Technical Review Committee recommendations presented at the meeting.