Marshall County BZA approves variance for IBM Construction site with drainage conditions

The Marshall County Board of Zoning Appeals voted to approve a variance of use for MBH Properties LLC that will allow IBM Construction to use about 1.57 acres at Elm Road and Fifth Road for a home-building business, two buildings and associated parking and driveway.

Staff presented the request as a variance of use to permit a 100-by-72-foot storage building, a 140-by-64-foot office building and related site work on a parcel that is currently farm field and contains no structures. Planning staff noted the proposed building site is on the southeast corner of the parcel and the closest neighboring residence sits about 1,000 feet away. The Technical Review Committee recommended approval provided the applicant submit detailed drainage plans and health-department septic approval.

The applicant, Ben Hershberger, said the buildings are intended to store vehicles and equipment for a construction company and reduce employees’ travel time. "Having our shop there would benefit me big time… it would just make us way more efficient in all aspects, honestly," said Danny Detwiler, general manager of IBM Construction, who spoke in support during the public hearing.

Neighbors and nearby landowners raised concerns about existing field drainage and an aging clay tile that runs across the site. "That 18-inch tile [is] half full of water all year long," said Steven Smith of 4280 Fifth Road, describing standing water in a low area and warning that additional runoff could worsen local conditions. Joseph Stollard, another nearby landowner, said the private tile is "very overloaded" and argued the county’s comprehensive plan favors agriculture and should resist nonfarm commercial intrusion into rural areas.

In response, the applicant said he had contacted engineers to produce a drainage plan and expected to include a retention pond with a slow-release outlet. The applicant’s representative confirmed contact with Ernie Feeney of Whiteman (letter on file) and said Bernie of Reitman had been engaged to design drainage and retention features. During the hearing the applicant offered to evaluate replacing a segment of the private clay tile that crosses the proposed building area if necessary.

BZA members approved the variance with conditions the board discussed: an approved drainage plan before permitting, health-department septic approval as required, impervious-surface/drainage measures to prevent increased off-site runoff, and replacement or repair of the tile where the building will be located if required by the drainage plan. The board opened the public hearing, received written and oral support letters from nearby residents and business owners, heard opposition focused on drainage and rural character, then closed the hearing and approved the application on a voice vote.

The board did not adopt a final engineering plan at the meeting; staff and the Technical Review Committee were assigned to confirm drainage details and septic approvals before building permits issue. The BZA’s approval permits the use under the conditions stated; additional permits (building, septic, driveway) remain subject to standard county review.

Sources: Marshall County BZA meeting transcript, public comments and correspondence filed with case 25BZA39 MBH Properties LLC.