Morrison County board approves variance to allow second poultry barn 30 feet inside setback

The Morrison County Board of Adjustment on Oct. 28 approved a variance allowing applicant Haston Warneberg to construct a second poultry barn 170 feet from the south property line — 30 feet inside the 200-foot setback required by county ordinance.

Land services staff said the site consists of three parcels totaling about 75 acres and currently houses a tier 1 chicken feedlot. Amy, a land services staff member, told the board the ordinance section that applies is "12 o 9.1" and described the request as "a variance request to establish a tier 2 feedlot within setback to a property line." She also noted a correction in measurements in the staff report: an earlier 190-foot figure was corrected to 170 feet based on the site visit.

Board members took evidence at a public hearing, heard testimony from Warneberg and staff, and received no written or spoken public opposition. Warneberg said the location of an existing, high-yielding well on the barn site is a primary reason for the variance request: "Pilgrim's requires to have I believe it's a 15 gallon a minute minimum for a poultry barn," Warneberg said. He described the barn well as producing "25 plus gallons a minute" at about 35 feet, while a nearby house well at about 78 feet produced roughly 8 gallons a minute and "terrible water compared to the barn." Warneberg said drilling attempts to the north hit granite at about 77 feet and failed, which led the driller to test farther south where they found the productive well at 35 feet.

Board members and staff emphasized technical constraints tied to groundwater and bedrock. Board member Marv summarized the issue: "Pilgrim's ... wants a minimum of 15 gallons per minute of water, and ... it's rather difficult with the granite ledge to find adequate water there." Brent and Clint noted a continuous pine tree buffer along the southern property line that would help mitigate impacts from a closer barn. Clint said the existing spacing of agricultural buildings in the area and the tree line "helps mitigate" impacts and supported answering the ordinance's findings in the affirmative.

Amy told the board that if the variance is approved the applicant would pursue a conditional use permit, where manure management and other operational details would be addressed. The county sent 20 notices to residents within a half-mile of the site; Amy reported she received no written comments in response.

During the required findings of fact, the board unanimously answered all six statutory questions in the affirmative: that the request is in harmony with the Morrison County Land Use Ordinance and Comprehensive Plan; that the use is reasonable; that the variance would maintain the character of the area; that the practical difficulty is unique to the property (primarily the well/drilling constraints); that the need was created by factors other than the landowner (processor water requirements, Department of Health well setbacks); and that the difficulty involves more than economic considerations. No conditions were recommended by staff.

Marv moved to approve the variance; Clint seconded. A roll-call vote recorded Brent, George, Marv, Clint and John voting "aye." The chair announced the motion carries and directed Warneberg to work with Land Services on next steps, including pursuit of a conditional use permit.

The board then approved minutes and adjourned.