The Carroll County Board of Adjustment will be making a decision on a request for a variance from Loren Danner that will allow the retention of a grain leg constructed on his property, approximately two miles south of the Carroll Airport. Danner received approval to construct the grain leg in January of 2013 from the Carroll County Planning and Zoning Department. Greg Seimann, a member of the Carroll Airport Commission, said this was in violation of two ordinances within the Airport Protection Plan, which the county had adopted in 1978.
Seimann said there is an approximately two-mile diameter protected airspace to above 150 feet in height. The grain leg that was built on the Danner farm is on a hill at the end of runways 1-3 and 3-1, and the commission says it protrudes 61 feet into that protected space. Danner farms a little over 1,000 acres and has been on the farm since 1968. He said he was never aware of any construction restrictions. He added that he had done exactly what was required in seeking permission to build the grain leg from Carroll County and had no idea the construction would be in violation of ordinances. In, fact, he said, the Federal Aviation Administration (FAA) had contacted him about the issue already.
The Carroll Airport Commission has named Danner as a defendant in a lawsuit that is scheduled to go to trial Tuesday, March 14 at the Carroll County Courthouse. Siemann said the commission has begun reviewing their options if the variance is approved at tonight’s meeting.
Seimann said the Airport Commission had expected the Carroll County Board of Supervisors to address the issue shortly after they filed the lawsuit years ago, but they are resolute in continuing to ensure that the “61-foot problem” goes away. Danner said since the issue was brought to his attention, there has been no attempt by either the commission or the board of supervisors to compromise or offer solutions to rectify the situation. Danner said he was told early on that there would be no compromise made by the commission and the county would be held harmless in this situation.
The commission added they believe there is a hazard to the regional hub having seen some near misses with student pilots. Siemann said they had concerns of what will happen with the airport in the future and how the leg could play into expansions in technology or physical space as well as what might happen with an emergency situation at the airport. Danner said he has no recourse when it comes to the county and this is something that can happen to anybody, even if they follow the rules. The Board of Adjustment meeting will take place at 7 p.m. tonight in the second-floor supervisors’ board room at the Carroll County Courthouse.
