Rural Troy Special Use Permit Approved

by Randy Pierce

TROY — Following over six weeks since seeking approval of a special use permit allowing the operation of a business at 8353 Lebanon Road in Jarvis Township near Troy, Chad Vaninger received authorization to move forward at the regular monthly meeting of the Madison County Board held on Wednesday, May 15.

That action overturned the initial decision by the Madison County Zoning Board of Appeals to deny Vaninger’s request by a 4-2 margin back on March 26. ZBA members George Ellis and Mary Goode voted to approve the request while Thomas Ambrose, Nicholas Cohan, Cedric Irby and Sharon Sherill were against it.

The chain of events concerning Vaninger’s application also saw the county board building and zoning committee look at it twice, first in April, then again at another meeting held earlier this month. That committee voted unanimously, according to Bobby Ross of St. Jacob, to overrule the zoning board recommendation for denial.

When the full county board passed the resolution in question, Stacey Pace of Troy commented that the property was in her district and that she would support the permit issuance.

The zoning board denial came forth after residents near the Lebanon Road property voiced opposition and skepticism about what Vaninger would be doing there, especially considering that he was seeking the special use permit in order to operate an “animal feed, storage, preparation, grinding and mixing wholesale and retail business” at the site. A petition containing 19 signatures of residents, all but one living on Tyler Drive nearby, asked that the ZBA deny Vaninger’s request.

The permit approved by the full board after passing through the aforementioned committee, which decided on May 7 to overrule the ZBA, requires that this is only for the operation of what Vaninger described as Brookside Agra LLC at this location, that he comply with all county regulations concerning public safety, sanitation, the avoidance of nuisance conditions and that any future alterations such as the actual storing, mixing, grinding or preparing of animal feed there would require additional approval.

Vaninger’s request noted that Brookside Agra was founded by his father in 1985 to sell all-natural food for pigs, chickens, cattle and other farm animals.

It was apprehension about what will happen at the business that prompted the objections before the zoning board but Vaninger’s response in addressing that subject served to influence the county board and its building and zoning committee that those concerns were unwarranted.

At the initial hearing in March, the county’s zoning coordinator, Jen Hurley, read letters that had been submitted by nearby residents Megan and Christopher Barbour of 375 Red Fox Trail, Mike Kicielinski of 378 Red Fox Trail and Richard and Mary Anne Moorleghen, address not indicated.

The issues addressed in those letters focused on the potential for Vaninger to expand the business at some point in the future, the number of animals on the 63.49-acre property, enclosures to be used, odors and sounds, increased traffic resulting from deliveries that could endanger children and others, what exactly would be taking place there and whether or not the county’s description concerning the request accurately portrayed the future situation if the permit was approved.

Vaninger responded that his business is internet-based and that no customers, processing of materials, manufacture, production or storage would be taking place at his Lebanon Road property. With about half of his company’s customers in the United States and the others overseas, Vaninger stated orders are submitted online or by phone then the material is shipped directly from plants in either Texas or California.

In expressing his contention that the way his request was worded, when announced for the zoning hearing, was a major factor in creating confusion among neighbors, Vaninger said the only products kept at this location are samples, in zip bags or small buckets, which he takes to trade shows while noting there is one full-time employee and one part-time, his mother-in-law, who respond to e-mail and phoned in requests.

Hurley and the county’s building and zoning department administrator, Chris Doucleff, stated the way the zoning ordinance covering such situations is structured, referring to Vaninger’s plans as a “wholesale and retail business,” resulted in what had been announced being the most appropriate method of describing it instead of as an “office” which was questioned by ZBA member Sherrill at the public hearing.

A similar statement came from Tina Phegley of 372 Bowers Road who also feels the request should have been clearer in saying an “office with a couple of workers.”

Also complaining about this aspect of the situation, Joe Gilley of 317 Huckleberry Trail expressed no opposition to what Vaninger was intending to do but felt the way it has been presented to the public is similar to fitting a “round peg into a square hole.”

Vaninger has a pole barn, for which a permit was issued in March of 2023, used for storing small recreational vehicles like dirt bikes, which he called “toys,” that are to be driven around the property for fun but stressed there will be no materials beyond the aforementioned samples kept there for the agricultural business, no deliveries to the office other than what any residence might experience involving Amazon or a professional parcel service bringing very small packages, primarily office supplies.

Another resident, Roxie Laswell, contested Vaninger’s statement that it was not his responsibility to inform his neighbors of his intentions, stating this is contrary to how she reads the county zoning ordinance, but Hurley answered it was her department that took care of this.

Karl Marlinghaus, also present at the ZBA hearing, objected to the way the permit request was presented, commenting that if it is to be an internet-based business, it should be described as such.

A statement coming from Don Moore, who owns property nearby, mentioned Vaninger’s having office space in O’Fallon which costs $3,000 per month and remarked he could not understand how buying a large rural tract of land and building on it would save any money. Moore added he would like to see the description changed, felt concerned about what could occur there in the future and wished to have the request denied.

Offering that Vaninger has been “fully transparent” and open about his intentions, Nathan Meyer of 8309 Lebanon Road said he made an effort to speak with the property owner and had all of his questions answered. Yet another comment of support came from Chris Guinn, the owner of property directly across the street from Vaninger’s, who said, after being very concerned initially, he understands how if anything beyond what has been presented is to occur, additional permits would be required.

Pointedly accusing Vaninger of not telling the truth regarding his plans, Angela Niebruegge of 7900 Lebanon Road asked why there needs to be a reception area as described for the business if no customers would be coming into the building. She further expressed fear that the business would grow beyond what has been presented, noting she prefers maintaining a “country” atmosphere in this area.