2015 - Overland Park Hen Special Permit application

[Fuzedcon]

Okay, so I have a few chickens and I live in Overland Park, KS. Not a big deal, right? Wrong.

I have 6 hens on a little over an acre of land in a large fenced in back yard (2/3rds of the lot). Still I had to go through this Special Use permit process.This process is not cheap either.

$50 permit fee
$20 address lookup
$50 certified mailing fees
Time off work
Gas and other expenses

Yesterday was my planning commision meeting and I have been approved to move on to the city council meeting next month by a vote of 10-0. Not a huge vote of confidence as I have seen other applications go through this stage and then fail at the city council meeting.

Differences between my application and others:

Previous applications were in the core of Overland Park while I live in the most Southern and rural part of Overland Park.
Previous applications were for properties of 1/3 of and acre or less while I have 1+ acres.
I don't have any complaints for my chickens while most of the others did.
I have neighbors with chickens too.

So, that all being said....

If you would like to come out and support my application on Oct 19th at 7:30 PM in the Council Chamber of City Hall, 8500 Santa Fe Drive, I would appreciate your help.

Thanks,

Fuzedcon

 

[Egghead_Jr]

I'm confused why you need a permit if you and your neighbors already have chickens?

 

[Fuzedcon]

They don't have a permit either. I think they will have to do the same process soon.

 

[Fuzedcon]

I just got a call that my agenda item has been moved from consent to discussion. Looks like a council member has some questions about the chickens.

Anyone that can come and provide some support, I'd appreciate it.

Thanks!

 

[Fuzedcon]

Okay, so the meeting has come and gone. There was a large amount of questions and a lively debate between the council members.

The final vote came down as 6-5 in favor, but it required 7 to pass. The Mayor then placed his vote in favor and that passed the measure at 7-5.

So, I get to keep the chickens for 1 more year and I'll have to go back and run through the process again then.

Thanks for all the well wishes!

Fuzedcon

 

[calebtk]

Any tips for me. I have my first meeting Monday w/ Planning Committee and then City Counsel next month.

Here is what I posted earlier on site:

How are you doing with this? We have a meeting Monday with OP planning committee. First step towards getting our permit. We have been told it's a long shot and spent over $200 on all the fees just to apply!

Talked to many of the neighbors today and basically everyone over 60 is against it and says it will lower property values. Even when I show them data and tell them our price of home increased $40k in 8 weeks after buying home and bringing our chickens with us.

Neighbors on both sides of us are fine but people that live several houses away and don't even see our chickens are making a fuse about it.

Any tips or advice would be welcome.

Thanks,

Caleb

 

[sue5050]

it seems to be all about the money.

 

[calebtk]

So I had one neighbor behind me that came to oppose me today. Planning Council voted 11-0 to not recommend me for approval of my special use permit. Now I have to meet with City Council next month. Hope that goes better but doubt it.

In the meeting I addressed all concerns from our neighbors that don't support and showed how those concerns of lowered property value and increased noise are actually not true. Council didn't even care about the facts sadly!

Is anyone here in OP that has chickens or would like to come to the meeting to voice support for this idea please let me know.

Thanks,

Caleb

 

[EggsRUs1948]

Well, I can just keep posting this. Hope it helps. People just have a visceral reaction to chickens as barnyard animals, facts be ******.

Pet chickens are incidental to residential use. In City of Sparta v. Page, 2015 IL App (5th) 140463-U, the appellate court affirmed the trial court’s finding that the defendant landowner was not in violation of a local zoning ordinance. The City of Sparta (City), a home rule municipality, claimed the defendant violated a zoning ordinance by conducting an unpermitted use in a residential district by keeping chickens at his residence.
In the summer of 2013, the City’s animal control officer discovered the defendant raising chickens at his residence and claimed he warned him to remove the chickens. The residence was situated on a one and one-half acre tract within the city limits where defendant had been raising chickens for approximately four years on the property using a movable fence. He considered his chickens to be pets and did not use them for any commercial enterprise; no evidence was presented that he sold either the chickens or their eggs. In March 2014, the defendant called in a complaint to the City’s police department reporting a stray dog attacked one of his chickens. When the animal control officer responded, he discovered the defendant had not complied with his previous warning and the officer issued a citation. The citation listed a violation of a City municipal code pertaining to harboring certain animals including swine, cattle, horses, mules, or game birds within the city limits, which was later amended to a zoning violation for conducting a prohibited agricultural use in a residential district. The trial court held that raising chickens was not prohibited by the code and that the defendant’s activities were not commercial in nature and, therefore, did not constitute agricultural use. The court reasoned the defendant’s use was merely incidental to permitted residential use of the property, much like having a vegetable garden. Moreover, the court reasoned the clear primary use of the property was residential and normal incidental uses of residential homes and property include having pets. While the zoning code does not specifically permit dogs, vegetable gardens, or fruit trees in a residential district, all of those uses are incidental to residential use and clearly are not prohibited. Source​

There's no issue that chickens cause that isn't already covered by codes and regulations. There's no valid reason to prohibit chickens. Hang in there.