So I have to apply for a variance to have chickens in Augusta, MI

[cheraboo]

Quote:
I can do that. I remember seeing them somewhere

 

[fldiver97]

You are prepared!!!!! Keeping fingers, toes and wings crossed here.....

 

[cheraboo]

Ugh! Another neighbor refused to give her approval. And we don't have everyone's signature but I'll take the ones we have.

 

[MoonMedic]

Its after 7, so you are there already, but Best of Luck and we hope to hear good news!!

 

[cheraboo]

What a joke tonight was. We sat through about 35 mins of the meeting (at least the kids behaved) before they got to new business. The president said we have to submit a formal request for a variance via letter. Then the village has to notify everyone within 300' of our property of our intent to raise chickens. Then we have to have a hearing which he said could probably be at the next village council meeting which is Oct 5. So for now I'm still an outlaw with 4 pullets outside in the backyard coop. I'm not even going to count the Salmon Faverolles, ducks and banty brahmas we've got in the house ....

 

[Sonoran Silkies]

What did they say when you mentioned the RTFA? Or did you not get the opportunity? As I understand it, this jumping through hoops goes directly against the state law--they have no say or choice in the matter so long as you practice GAAMPS (did I spell that right?)

 

[cheraboo]

I didn't even get a chance to mention it. They never looked at the letters the neighbors signed either ... the ones the clerk told me I needed. What a waste of time.

 

[fldiver97]

Can you submit a package with the material you have....They may not even have to take it further then???? Don't know if that would help....or hinder.....

 

[cheraboo]

I've been trying to decide if I include everything with the letter or send just the letter. I'm not really sure which is better.

 

[Sonoran Silkies]

Okay, so in your letter you state the facts that you were prepared to present. State that the RTFA specifically prohibits local requirements that would amend or conflict with the RTFA.

Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act.

Be sure to provide a citation for the law, and probably a link to all the state statutes. As a first step I would ignore the advice of getting and presenting signatures--you shouldn't be giving them the idea that you in any way agree that their variance requirements are legal under state law. Not presenting them now certainly doesn't mean you cannot later, but you need to operate with and exude the obvious belief that you ARE legal, and that their list of requirements is NOT.​