BZA grants special exception amid protests

2009-02-04 / Front Page

By Debbie Lowe Staff writer Theresa Replogle Contributing writer

The Carroll County Board of Zoning Appeals (BZA) granted a special exception to permit a commercial hunting operation in an agriculturally-zoned district Tuesday night. However, it was not without controversy and objections.

The request for an exception was granted to Camp Kay Outfitters, owned by Mark Liebner. Liebner leased approximately 2,100 acres in three Carroll County townships, Deer Creek (23 parcels and roughly 1,010 acres), Rock Creek (15 parcels and 859 acres) and Adams (four parcels on 214 acres), from MKR Farms LP, Logansport. The tract of land is located roughly on the south and east banks of the Wabash River from the southern end of the Bondie Preserve north to include the Dix Weaver property (see map). Another 10,900 acres in White and Cass counties have been leased by the company.

Liebner told the BZA he charges $1,300 to take hunters into the woods for semi-guided hunting trips. He said after the customer takes a tour of the hunting grounds led by a guide, the customer is assigned a specific area in which to hunt and the guide leaves the area.

"I give them a point A to B. If they wander around, they get ejected," Liebner said. "If they kill anything, they have to go get the guide before they can retrieve the animal."

All hunters were required to abide by Indiana hunting laws. Hunters from out-of-state are required to adhere to the home state guidelines.

Liebner said his operation would benefit Carroll County because hunters buy auto fuel and groceries while in the area. He said out-of-state hunters pay six times the Indiana rate for a hunting license. Liebner said last year 70 hunters visited per week, however this season he plans for 25 each week. He said his business is exploring the possibility of building a hunting lodge.

"I guess I can see where this would have some advantage," BZA president Pat Baker said. "Laws are in order to protect properties from trespassing."

Several local residents protested the request vocally, in writing or both. Several were concerned about the potential for trespass. Zoning administrator Kathy Mylet read letters of protest. A petition against the measure by 36 residents was presented.

Adams Township Trustee Carmen Slavens and the Advisory Board hand-delivered a letter of opposition to area plan commission members, BZA members and county commissioners. The letter stated the township leaders could see "no economic gain for Carroll County and only foresee potential liabilities, hazards and additional expenses for residents of Adams Township should the special exception be approved."

Advisory board member Rick Roller disagreed, as a neighbor, the business would benefit the county.

"I see no upside to this whatsoever," he said.

Roller said his residence is within 200 feet of the lot line of the commercial venture which violated a county setback ordinance.

Local resident Kevin Kremer sent a letter requesting BZA consider that the business did not follow county procedures before establishing a business, that all fences had been removed making the property lines difficult to distinguish, and the lack of increased property taxes due to improvements on the land with the risk of increased county services being needed at the site. He further requested the business be required to adhere to the Indiana Department of Environmental Management regulations concerning removal of carcasses in order to not increase predator population for domestic cattle and hog producers.

Local resident Paul Brown said his property is roughly 600 feet from the leased property and has not experienced a problem. Brown suggested the business could create a demand for a hotel in Carroll County.

"From a (deer) population control perspective, I like what they're doing," he said. "I've talked about a trophymanaged business like this before."

Brown's wife echoed his positive report for the business.

"At least there are not people coming up and down the street at two in the morning," she said. "Business and growth are a good thing. I just wish that I had thought of it myself."

BZA members approved the request with stipulations that Liebner assure all property boundaries are clearly marked and visible from one site line to the next and that the exception is non-transferable.

Other business

Baker was elected BZA chairman and George Wallace vice chairman. Cynthia Harmon was retained as BZA attorney and Mylet as secretary.

Area Plan Commission

APC did not meet as scheduled due to lack of a quorum. Three members, Pete Wagoner, Nelson Smith and Bob McCain appeared for the meeting.

The next APC meeting will be Feb. 24 at 7 p.m. BZA will meet following the APC meeting, if necessary.

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