Marshall County Board of Zoning Appeals approves four variances, conditions drainage and permits for new retail building

The Marshall County Board of Zoning Appeals on Oct. 14 approved four variance requests, including a storage shed on a lake lot, a pool-related pole building, and two approvals for a new retail and warehouse building for Tagout Technique LLC, with conditions requiring drainage approvals and other permits.

Why it matters: The board’s approvals allow accessory and commercial development that the county’s zoning ordinance otherwise would limit, but the board attached conditions — notably required drainage-plan approval and a construction design release — to address stormwater and permit review under the Marshall County storm drainage and sediment control ordinance.

The board opened the meeting with the swearing-in of Tim Fletcher as a member of the board, then moved to four contested items.

Case 25BZA47 — Menser/Mentzer shed: The board approved a variance to permit a 16-by-32-foot prefabricated storage shed to be placed on a vacant lot across the street from the applicant’s residence. Staff reported nearby lakefront lots commonly contain secondary structures used for storage and that permitting a secondary structure would not preclude future primary development; staff estimated the shed’s cost at about $15,657 and recommended approval. The public hearing produced no speakers in opposition. The board approved the variance by roll-call vote (all present voting yes). The finding of practical difficulty and that the variance would not injure public health, safety or adjacent property values were recorded.

Case 25BZA48 — Isom pole building: The board approved a variance to reduce the required 20-foot rear-yard setback to 5 feet to allow construction of a 24-by-56-foot pole building near an existing pool on the property at 17370 Tomahawk Trail. Staff recommended approval conditioned on the applicant obtaining a survey to establish the rear property line. The applicant said existing surveyor stakes remain on the property. No correspondence or speakers opposed the request. The board approved the variance by roll-call vote (all present voting yes), and the approval was conditioned on a verified rear-line survey.

Case 25BZA49 (Tagout Technique LLC) — retail/warehouse building (reported as 70-by-100 on some documents, applicant and some staff said the correct building size is 70-by-110 or 110-by-70): Applicants requested approval to construct a large retail and warehouse building to support Tagout Technique LLC, a business selling deer-hunting and land-management products. Staff and the technical review committee recommended approval but required a detailed drainage plan because the proposed building exceeds 4,000 square feet. The board recorded related conditions in the approval: an approved drainage plan demonstrating no negative stormwater impacts on neighboring properties, a construction design release (state-level construction-design review), hours of operation limited to Monday–Thursday 8 a.m.–5 p.m., Friday 8 a.m.–4 p.m., and Saturday 8 a.m.–1 p.m., and an approval or separate variance if signage beyond a small on-building sign is later requested. The motion to approve included those conditions and passed by roll call (all present voting yes).

Case 25BZA50 (same site) — lot coverage variance: On a separate application for the same Tagout Technique site the board approved an increase in lot coverage from the 30% maximum to a higher percentage to accommodate the proposed building and associated gravel areas. Staff noted a required drainage plan and discussion with county engineering about routing runoff into an existing county tile or enlarging on-site retention if necessary. Because gravel is considered nonpervious for stormwater calculations, staff and board discussed the counted coverage percentage and directed that the surveyor and county staff confirm the final gravel area measurement and runoff handling before issuance of permits. The approval was conditioned on an approved drainage plan and a post-survey confirmation of the amount of gravel/hard surface by county staff/surveyor; the motion passed by roll call (all present voting yes).

Votes at a glance: - Case 25BZA47 (Menser/Mentzer) — Approve variance to place a 16×32 shed on a vacant lot across the street from the applicant’s residence; condition: none beyond standard permitting; outcome: approved (unanimous roll call yes). - Case 25BZA48 (Isom) — Approve variance to reduce rear-yard setback from 20 ft to 5 ft for a 24×56 pole building; condition: verified rear property-line survey; outcome: approved (unanimous roll call yes). - Case 25BZA49 (Tagout Technique LLC) — Approve retail/warehouse building (applicant documents list 110×70; some agenda items listed 100×70); conditions: approved drainage plan demonstrating no adverse runoff impacts, construction design release, listed hours of operation, and signage limited to on-building sign unless further variance obtained; outcome: approved (unanimous roll call yes). - Case 25BZA50 (Tagout Technique LLC coverage variance) — Approve lot coverage increase (from 30% to a higher percent to accommodate building and gravel); conditions: approved drainage plan, survey confirmation of gravel/hard-surface area (to be approved by county staff/surveyor), and ability to enlarge retention or alter outlet if required; outcome: approved (unanimous roll call yes).

Discussion and conditions: For the Tagout applications the board repeatedly emphasized that the approvals rely on a county-reviewed drainage plan under the Marshall County storm drainage and sediment control ordinance and on a construction design release (state review) before building permits can be issued. County staff and the technical review committee flagged the drainage plan and recommended detailed drainage calculations and an identified outlet (applicants cited an existing county tile and a neighborhood main as potential outlets). For the coverage variance staff and a board member asked that the surveyor and county staff confirm the final hard-surface percentage because some measurements in staff materials appeared to include part of the adjacent road in the lot calculation.

The board set the next meeting for Nov. 18.