The Marshall County Board of Zoning Appeals awarded a variance of use for a home-based roofing business on Sage Road in their regular meeting on Tuesday.
Dennis and Becky Stutzman came before the BZA seeking the variance a month ago but the matter was tabled since several members of the board were not present and due to the controversy of the matter. President Jeff Gustafson felt that it was important to get the input of all the members of the board before voting.
The Stutzmans have run Energy Efficient Roofing for seven years at their current home and before that had operated out of their previous residence in Bremen. The business employs four other people, three of them the Stutzman’s sons. Dennis Stutzman told the board that there were occasional material deliveries at the home — three to six times a year — but that almost all deliveries were at the various job sites. The company’s work trucks were the only regular traffic at the property.
Stutzman had previously told the board that he was unaware that he needed a variance of use for the business and had come before the board to rectify that.
A large number of neighbors had come before the BZA during last month’s hearing on the matter to voice their opposition along with several letters and a petition in opposition that were read into the minutes for June’s meeting.
A large number of Stutzman’s neighbors were in attendance again on Tuesday to once more oppose the variance to allow the business.
Gustafson addressed the “gorilla in the room” which happened to be chickens.
Several months ago Stutzman started an egg production business on the property and since the number of chickens involved was below the number that constitutes a confined animal feeding operation (CAFO) it is a permitted activity in an area zoned as agricultural. Stutzman also runs a deer breeding operation on his property – another allowed activity in an agricultural zone.
Gustafson did ask several opponents “If there wasn’t a chicken farm would you be here now?”
The arguments of those opposed to the variance for the roofing business centered mainly on the increase in traffic in the area and the poor and deteriorating condition of the roads in the vicinity caused by that traffic, along with safety concerns involved with that traffic increase.
Stutzman contended that road conditions were poor before he moved to his current location in 2018.
Another contention was regarding a “containment hole” for trash. Stutzman said that the hole was put in place to allow for holding trash involved with the construction of the chicken house. Stutzman said that he had a dumpster that was scheduled every other week to haul away the debris but needed a place for it to be contained until that dumpster arrived. Several residents contended that trash was burned there as well.
Later in the meeting a letter of support for the roofing business and a petition in support was read into the minutes.
Gustafson made the comment that the board did not want to discourage small business in the county and the actual matter at hand was the small roofing business run by the Stutzmans.
The BZA voted unanimously to allow the variance of use in spite of the objections but made several stipulations that must be adhered to by Stutzman including ridding the property of the “containment hole” by having a dumpster present and no burning on the property. All trucks would have to be loaded and unloaded off the street for safety reasons, and all material storage on the property is to be out of sight.
