Marshall County BZA Approves Second CFO Barn

The Marshall County Board of Zoning Appeals approved a variance for a local farmer to add a second Combined Feeding Operation, “Broiler Barn,” to his existing operation.

DeWayne and Ruth Ann Kuhns of Bremen came before the board to ask for a variance on residential setbacks in order to add a second barn of 30,000 chickens. The Kuhns already operates a similar barn on their property.

The second barn would be 200 feet short of the Marshall County Zoning requirement of 1,320 feet from an existing residence. The operation already meets the Indiana Department of Environmental Management standards of 400 feet.

Property owners near the Kuhn’s farm on the east, south, and southeast signed off with their approval of the setback variance. The property owner affected to the west, Jason Nunemaker, objected to the variance.

Nunemaker’s argument was that his property values would be decreased by the placement of the barn because of its objectionable smell.

Representatives of the town of Bremen also came forward to state the town had within its comprehensive plan for land to the west to be used for housing development. Once again, the smell was the objection.


The area in question is currently zoned A1 or agricultural.

President of the Board Jeff Gustafson stated that the distance was nearly a quarter of a mile and pointed out the difficulty for farmers trying to use their land for farming and that finding land that met the 1,320-foot requirement is difficult.

Kuhn was asked if he would move the placement of the barn 200 feet and said he would rather not as it would also require a significant reworking of the pasture land for the birds.

An initial motion to deny the variance failed by a 3-2 vote. A subsequent vote in favor of the variance with the stipulation that a “shelter band” of trees be planted before construction passed by the same 3-2 vote, with Trent Bennett, Larry Houin, and Gustafson voting for it.