Wrangling the regulations

Carroll County's 30-year-old zoning regulations are thought by many to be more of a liability than a dependable guide for zoning issues.

"I think what we have is shaky at best," said Carroll County Area Plan Commission member Pete Wagoner. "I think we need to get something on the books as soon as we can."

Wagoner said Carroll County's ordinance was written for small confined feeding operations, or CFOs. The scope of animal production in the county has changed in the last 30 years he said.

Wagoner spoke in favor of "tweaking" current CFO requirements, which he described as regulations for operations of approximately 300 head, and then developing regulations for concentrated animal feeding operations (CAFOs), which he described as larger enterprises.

The proposed mega-dairy to be built near Cutler would be an example of a CAFO.

Wagoner said changes were needed to give county zoning administrator Dale Huffer "guidance about how to proceed." APC vice president and leader of

the April 25 evening meeting in the absence of president Bob McCain, Wayne Chapman concurred with Wagoner.

"If we had something in writing, it would make Dale's job easier."

Wagoner said to rely on the Indiana Department of Environmental Management for local regulations was not advisable.

"IDEM is not concerned with our infrastructure or development," he commented.

However Flora resident Dave Lambert disagreed with Wagoner. He said IDEM looks at all aspects of construction for production purposes before issuing permits.

"They aren't going to let you build something that will leak into the ground," he said. He also did not agree there should be a differentiation made between small and large operations.

Lambert said a reasonable setback is 750 feet. That number is 250 feet more than the current regulations demand.

"Hog production drives this county. Look at the taxes produced," he stated. He urged commission members to explore the consequences of their actions before changing the requirements.

Travis Flora of Bringhurst concurred with Lambert. He also said he thought IDEM did an adequate enforcement job.

"An operation my size would do more damage environmentally (than a larger one)," he said.

Terris Ayres of Bringhurst cautioned APC about developing regulations more stringent than the ones IDEM mandated.

Dale Pullen of Cutler spoke in favor of APC's reviewing and revamping current zoning ordinances.

"Thirty-year-old ordinances are ridiculous," he stated emphatically. "You boys will end up in court."

Dave Miller of Flora urged APC members to research environmental and historical facts before adopting changes.

Wagoner said the agriculture industry is "an important part of the local economy." However he recognized only five percent of the population of the county are agriculture producers. He said the other 95 percent of the population needed to be represented as well.

"Some way, we have to strike a balance here," he concluded.

"APC is not going to make a decision in a vacuum," APC attorney Patrick Manahan advised. "I recommend all of you submit your ideas in writing so they can be shared."

"Please take the time to write down your ideas and submit them to Dale (Huffer)," he went on.

Huffer distributed zoning ordinances from White, Clinton and Cass counties for review before the next APC meeting. The issue was tabled for further discussion at the May 23 meeting. Other action

Extensions were granted for three re-zoning requests involving properties in Sunset Park.

No recommendation was sent to the Board of Zoning Appeals about a special exception request to build a storage building in Sunset Park by Michael and Star Lugar. The request was met with questions and concerns from two neighbors who said they were not properly notified.

The Lugars provided letters in favor of the request and provided answers to questions posed by the neighbors.

A re-zoning request by Ed Rhine of Burlington was granted. Huffer noted there were no objections received from neighbors and the action was not indicative of spot zoning.

The next APC meeting will be May 23 at 7 p.m.

Board of Zoning Appeals

A variance was granted to Gordon and Thomas Lester from rear yard setback requirements for a property next to Pearson's Marina on Frazer Beach.

Lester plans to add onto the back of the cottage. The addition

will enable him to move the bathroom from the front to the rear of the structure to better accommodate installation of the pending Twin Lakes Regional Sewer District construction project. Lester noted the cottage is only used a few times each summer by family members.

After declaring Fairway Lane in Sunset Park as the front yard for a proposed storage building, a special exception was granted to Michael and Star Lugar. Stipulations to the action included that there should be no outside storage, the building will not be used as a retail establishment and the building entrance must be on Fairway Lane.

A 20-foot rear yard setback variance was then approved for the same project.

The next meeting will be May 23 following the APC meeting.