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A man near Palestine Lake may not keep his four chickens in a residential district.
At its meeting Tuesday morning, the Kosciusko County Board of Zoning Appeals unanimously denied the request brought by Michael McKay.
He lives at 5388 W. Bass Drive, Claypool.
McKay said he doesn't sell the eggs from the chickens, but keeps them for personal use.
"I have permission from my two direct neighbors (to have the chickens)," he said.
One of McKay's neighbors stated her support at the meeting.
"I don't have a problem with it," she said.
Kosciusko County Area Plan Commission Director Matt Sandy noted there were several poultry concentrated animal feeding operations within 2 miles of where McKay lives.
"We're going back to the State Department of Health has established protocols for disease affecting confined feeding operations," he said. "So if a disease is found within a 2-mile radius, whether it's a private hobby flock or a commercial flock, whatever it may be, it starts tracking back and can affect those larger operations."
Sandy noted the state just went through a bird flu outbreak.
"We're clean now it sounds like, but that's always a concern we've heard repeatedly from our poultry guys through the county, especially when it is free-range, because of how that disease is transmitted," he said.
Kosciusko BZA Chairman Lee Harman noted the "issue is bigger than all of us because of bird flu."
"Our poultry producers are very concerned about this," he said.
Sandy noted local poultry business representatives should meet soon with the county to discuss measures going forward connected to preventing future bird flu concerns.
Harman said he saw a recent national news story about bird flu decimating a poultry operation.
"We just can't start making these exceptions for this because of the economic impact this could have on our county," he said.
Board member Kevin McSherry said McKay's chickens are at a greater risk of bird flu due to their proximity to ducks on the lake.
The board agreed to give McKay 60 days to re-home his chickens.
In other business, the board:
• Continued a variance case brought by Mike Baur to its next meeting, set to start at 9 a.m. July 8, due to Baur needing to get a survey and a contractor's report. He's seeking to put a residence addition 3 feet from the north and south property lines and 23 feet from the water's edge at 8665 E. Wesley Lane, North Webster.
• Approved a variance case brought by Corwin Hendricks. He asked to construct a new residence at 219 S. Mulberry St., North Webster, a little more than 20 feet from the right-of-way at Mulberry Street, more than 12 feet from the right-of-way of South Street and more than 14 feet from the water's edge.
• Approved a variance case brought by Harvey Hayes to allow a residence/deck at 7 EMS D18A Lane, Syracuse, to remain as reconstructed more than 15 feet to the north right-of-way when another variance granted 19 feet. Hayes does have to pay a permit fee and should also give the county a $1,500 settlement.
• Approved a variance case brought by Donald and Sheila Claassen allowing a portion of the walls and roof on a building at 11 EMS D5 Lane, Syracuse, to be reconstructed on the north property line at 2 feet if the entire structure doesn't come down. If it does, they would have to move the foundation.
• Heard John Weigand had withdrawn his variance petition to construct a residential addition at 6458 E. Waco Drive, Syracuse, 30 feet from the water's edge, with the second story over the existing single story 51 inches from the east sideline and 45 inches from the west sideline.
• Heard Weigand didn't need a second variance petition for 6458 E. Waco Drive, Syracuse, to allow a second residence on a single parcel as that had been approved by the county in the 1990s.
• Asked that a variance request brought by Sheila McDonald allowing residential additions as constructed a little more than 7 feet from the north property line be modified to 10 feet from the north property line. The property is at 12967 N. Eastshore Drive, Syracuse.
• Denied a variance request from Connie Roatcap to allow a shed to be a temporary second residence on a tract. She has a little more than six months to move the shed on her property at 39 EMS R3E Lane, Pierceton.
• Approved a variance request brought by Robert Baker allowing a pergola to be a little more than 6 feet from the water's edge and a little more than 4 feet from the south property line, when the BZA granted 8 feet to the water. He has to get a permit still for the property at 11902 N. Strohs Drive, Syracuse.
• Approved a variance request from Tange Thompson for a nonconforming carport to remain as reconstructed 5 feet from the platted right-of-way at 66 EMS C19 Lane, Warsaw. Thompson must get a permit after the fact.
• Approved a variance request from James Bowman to allow an existing accessory building 0 feet from the north sideline and 15 feet from the east water's edge at 161 EMS B3 Lane in Tippecanoe Township.
• Approved a variance request from Tim Graber for building an oversized accessory building at 8160 E. South Road, Syracuse, in a residential district.
• Heard Christopher Mader had withdrawn his variance petition to put a residential addition a little more than 3 feet to the side property line and 15 feet from the right-of-way of the road at 120 EMS D17 Lane, Syracuse.
• Approved a variance request from Carlos Rico for a 14-by-16-foot shed at 191 EMS T26 Lane, Leesburg, to remain as placed without permits 0 feet from the south property line.
• Approved a variance request from Stuart Kloepfer to allow a generator unit a little more than 7 feet from the south property line and 14 feet from the water's edge as long as a covenant is made not blocking the east side of the existing home to the property line in any way. Kloepfer's property is at 9994 N. Bayshore Drive, Syracuse.
The board's next meeting is July 8 in the Kosciusko County Justice Building basement.
