so humbled

when i moved to midland nearly 5 years ago, i was thrilled that the new job opportunity that jason had here would mean that i could once again delve into community theater.  the kids were a bit older, and we had our evenings 'free' to do with what we choose (well, for the most part...i mean, with four kids, can that ever REALLY be true!?!?)

what i was young, living just an hour and half away from midland, my parents brought me to see a show or two at the midland center for the arts - an incredible facility with a top-notch community theater program.  (we saw brian d'arcy james star in 'joseph and the amazing technicolor dreamcoat' on one of our trips here...he became the original 'shrek' on broadway...).  i grew up in community theater - when i was younger, our community theater did a summer musical, typically one that cast many kids, and i was lucky enough to be cast with my family in several summer blockbusters ;)  i was hoping for a similar experience for me and my kids. but my hometown was much smaller than midland, and i was very intimidated by the size and scope of talent here.

we settled in and i watched the center website for upcoming shows...i auditioned for shows i was most interested in - after all, as a mom to four, one has to be choosy with how one spends their time...i wasn't cast - in what seemed like show after show after show.  (it really wasn't THAT many, but it certainly felt like it!)  all i could think was - why don't these people see what my other theatre people saw?  i KNOW this stuff...i can DO this stuff.  i internally just begged for a chance to be cast and show that i would come to rehearsal, prepared, on time and deliver a great performance. 

many tears were shed.  i was to the point of believing that community theater involvement just wasn't going to happen for me in midland.  i reached out to one of those childhood directors and asked if she knew anyone here and she could just plant a seed that perhaps i should be given a chance...she did, and i am grateful, though the results weren't immediate, it did plant that seed.  i happened to meet another remarkable person totally outside the realm of the center for the arts...and we 'clicked'...low-and-behold we discover that she works at the center...very much involved in the community theater productions.  and she told me to just keep trying.  and she told me to come be a crew member on their latest production (which i had not been cast in with a cast of 50...*hard to swallow*).

and i did.  it's sometimes hard to cross the line from actress to crew...but i did it.  and i had a grand time (for the most part!)  it's always hard to be backstage and hear an incredible show-stopping song and not be one of the voices in it...but i met some great people, got my foot in the door, and a bit of my confidence back.

the girls and i tried out for a youth theater show...many thanks to those directors for including our family - the girls as 'little angels' in the "best christmas pagaent ever" and i was a side-show singer...and we had our first experience at the center for the arts under our belt..

and then, the next show i tried out for (lilly did, as well) - i was cast (lilly was not...)...great for me, but sad for her.  i was so glad to finally be given an opportunity, but disappointed that i wouldn't be able to share it with my daughter.  i had a fantastic time as a nun in the sound of music...and then i was cast as 'pam' in "the full monty" - sharing the stage with my husband which i NEVER thought would happen...then ensemble in "annie"...and a lead in a play in "on the verge"...i've met so many more people, wonderful people, our 'tribe' of people...and finally began to feel like midland was the place for our family to be and that we really could be here for the long haul (after only having lived no more than 4 years in any other place...)

i've joined the "volunteer relations committee", and was recently voted onto the board of the youth theater 'division'...lilly has had roles in two other youth productions, but neither girl was cast in "annie"...so visions of family theater like my childhood were still eluding us.

this past weekend we had auditions for another fall musical..."willy wonka".  i love going to auditions and being with my friends.  i am always nervous as all get out, but it's a different nervous, because i am so much more comfortable with all the faces in the room that are now familiar and friendly.  it is fantastic to root for others and enjoy their talents.  i'm almost always happy with how i do in auditions these days...probably because i've been 'rejected' so many times now that i already know what the 'worst that's going to happen' is...

then came the kid auditions - THAT about puts me over the edge!  hoping that the girls will be able to overcome their nerves and deliver an audition like i know they can....like they do in our living room!  there are so many incredibly talented kids in this town (and the surrounding area - after all, the center for the arts draws from the tri-cities...)...well, on this round, some incredible things happened...

one daughter REALLY wanted it this time...she worked hard...she listened to her 'stage mom' coach...and for the most part, she delivered quite well.  the other - well, she did what she knows to do...not her best, but certainly still pretty good.  and then came the first cuts - in 'annie' auditions, lilly made the first cut (after singing and dancing), and maya did not...for 'willy wonka' - both made the first cut.  that alone probably made the day - the twinkle in maya's eyes when she saw her number on the 'not cut' board made that hard work worth it for her.  she'd made it farther than she ever had before (and with about 150 girls trying out 'annie' and 80 kids for willy wonka, it's no small feat!).  the girls were able to do one reading - and then both were cut after that round.  visions of being cast as one of the 'golden ticket winners' were dashed, but both walked out with their heads held high - knowing that it didn't necessarily mean they were cut from the show, just that they were done for the day.  i'm always very proud of the girls and how they handle the disappointment...tears almost never come...we focus on whether the day was fun or not (and it's always been fun...), and how they felt they did...and we leave with smiles on our faces.  (i've been to auditions where the PARENTS were crying when their kid was cut...come on now...that's not healthy...).

and so we waited.  and i got a call for callbacks the next day (nothing like 3 days-in-a-row of auditions to attend!)  and in callbacks, it was great to see those familiar faces again.  and as one of my dear friends pointed out while we were there...we were all there on our own merit and auditions...this director was new and didn't know us from 'adam', and we had made it...and it felt good :)  we sang some more.  we read some more.  and i read and read and read for a part that wasn't even listed as one of my preferences (and that i happened to know that two of my other friends wanted...).  and it was kinda clear how the casting was going to go.

but now, instead of that incredible feeling, i had a 'back of my mind' discomfort.  i tried out for 'willy wonka' because i wanted to do a show with my girls.  what if they weren't cast?  i don't have a love so strong for THIS show (like i did for 'annie'), to spend the time and energy on it if i couldn't do it with my kids.  and...it was looking like maybe i was in real competition with my friends for a part - which i've never experienced before!  i'm always the one in the 'supporting' or 'ensemble' role...i'm never the one beating anyone out for a role...and while i'm thrilled that it means i might get a part, there's that nagging feeling that it's coming at the expense of a friend, and i don't like that.

and then the casting call came. 

if you travel to midland in the fall, you can see maya in the kids chorus, lilly as an oompa loompa, and me - as Mrs. Gloop, the mother of golden ticket winner, Augustus Gloop.

the time has come - a show with  my girls!  it's going to be fun, and quirky, and i have an incredible opportunity to play a crazy, over-the-top role, and share the stage with my girls!  and i am nothing but humbled. 

this has been a LONG story...and i know everything it's taken to get here...but i still don't know how i got here!  a part for me, a good part, that others who are very talented and my dear friends, didn't get.  and out of 80 kids - both my girls are blessed with an opportunity to experience the stage again! 

i love everything about the theater - rehearsals and cast mates and learning and performing and the crew - the magnificent staff at mcfta that treat you like a star, even when you're just the little chorus girl - and i'm just beside myself that we get to do again.  i certainly don't take it for granted.  i know what it's like to not have the chance.  and i'm sad for my friends that won't be able to share this show with me....but the great thing about theater is...there's always another show...

so, for now....while i'm very excited, i'm also very humbled and grateful that another opportunity to do something that i love has been given...not just to me, but to my family.

seize the day

just returned from lilly's "disney pops" choir concert...and her choir director pretty much handed me my battle cry for the day thru song...which is kind of ironic, since she's anti-neighborhood chicken ;)

Seize the Day from "Newsies"

Music by Alan Menken.
Lyrics by Jack Feldman.

Open the gates and seize the day
Don't be afraid and don't delay
Nothing can break us
No one can make us
Give our rights away
Arise and seize the day

Now is the time to seize the day
Send out the call and join the fray

Wrongs will be righted
If we're united

Let us seize the day

Friends of the friendless, seize the day
Raise up the torch and light the way
Proud and defiant
We'll slay the giant
Let us seize the day

Neighbor to neighbor
Father to son
One for all and all for one

the city says....

well, it was what we expected, but terribly disappointing....

here's the response we received from the city...(and I say we, because even though the letter is from me, Jason is one the that technically owns the house, and therefore, the response came to both of us....)

This letter will acknowledge receipt of your letter dated May 21, 2012.

I appreciate your proactive stance and fully understand that your letter is not written with the intent of asking permission, but more in line with telling the City of Midland (City) what you're going to do about chickens in a residential area.

It is not my intent to address each paragraph of your letter or debate cases or statutory citations that are included in your correspondence.  My response represents the City's position and will be made very clear in the following.

The raising of chickens for egg production and sale in an area zoned residential is a clear violation of the City of Midland Code of Ordinances, specifically Section 3-40. (See Attachment 1)  A violation of this ordinance is a misdemeanor offense that has a maximum penalty of 90 days in jail and/or $500.00 in fines that is charged against the property owner,  The listed property owner is J**** B*****.

Further, the Right to Farm Acti is intended, in large part, to protect "pre-existing agricultural uses" from violating local zoning laws.

Simply put, the property at **** K******* is zoned residential. (See Attachment 2) It has never been zoned agricultural.  It has never been a commercial operation of raising chickens for egg production.  Therefore, the Michigan Right to Farm Act does not apply.  Further, the GAAMP (Generally Accepted Agricultural Management Practices) clearly describes excepted site selection practices for new and expanding uses to be zoned agricultural.  Again, your home is zoned residential and therefore, the GAAMP does not apply.

You have also indicated in your letter the following, "I have several friends and acquaintances who intend to purchase my farm fresh eggs from me, thus making my farm a commercial operation, and I will keep records and file taxes accordingly."  The city has a home occupation zoning ordinance, specifically Section 3.06 (A)(4) (Attachment 3) which clearly states, "No such home occupation may be conducted in any accessory structure or attached garage."  Therefore, your proposed commercial chicken operations outside of your home would not be allowed in your residential neighborhood even if chickens were to be allowed.

Also keep in mind that the Planning Commission, which is an advisory commission only to the Midland City Council, proposed an amendment to the City of Midland Zoning Ordinance regarding chickens and it was voted down by the City Council with a 5-0 vote on October 24, 2011.

In summary, chickens are not allowed to be kept in a residentially zoned area within the City.  Violations subject the home owner to court related actions and penalties as found in our local ordinances.

This reply has nothing to do with your statements in your letter of growing a garden.  This deals only with the issue of chickens.

I do appreciate you proactive approach and hope you fully understand the City's position as well as the penalties associated with zoning and ordinance violations.

Sincerely,

*City Attorney*

Wow.  (needless to say, Jason is not thrilled at being threatened with a $500 fine and up to 90 days in jail...)  As I posted on backyardchickens.com...my basic thoughts (after some tears and some time to settle down) are this:

First, I am completely dismayed that the city attorney found the case law and precedents set by current MRFTA to be so irrelevant that he did not address them in any way in his return letter to me. Is it just me, or isnt that THE WHOLE POINT. A judge has rendered their interpretation of the law - and the city is clearly totally ignoring that. I would have thought that the attorney would have been instructed to at least check out those cases and my reasoning and then address them - rather than state that he wasn't even going to try.

Second - to point out to me that there was an attempt to change the ordinance and that it didn't pass - DUH - did you READ my letter?? I opened with that information! It's why I'm resorting to MRTFA protection!

 In reference to the home occupation - I'm going to have a small flock of 6-10 birds.... I have four children, and we eat a lot of eggs ....we won't have many eggs to sell and I literally think that I will be hand delivering them to friends when we gather at social events. I think, given that, I don't need to worry about that ordinance or the GAAMPS associated with a farm market - correct?

So my question to you all is - do I send a response to the city attorney with a copy of the MRFTA and more case law and do the same thing he did to me and basically say "I'm not going to address each of your ordinance citations because none off them are relevant...." and wait for a further response.....or do I see if I can find a lawyer that will send that letter on my behalf - as the city basically indicated they intend to disregard state law and threatened fines and jail time??


Also - as an FYI - here's the local paper article that ran the day after the ordinance was voted down
http://www.ourmidland.com/news/article_f8c8fca6-ff13-11e0-8436-001cc4c03286.html

To me, it's a matter of misinformation and snootiness.....

It just doesn't seem like a small flock of chickens should be such an unreasonable request.....

I'm working on my next step....

chicken crusade

So I'm not entirely sure why and when my obsession with backyard chickens started...but it did....and now, i'm fighting city hall (literally and figuratively!)

Late last summer, a local gentleman with chickens and ducks as pets in our city was cited for a zoning violation - you apparently can't have anything other than typical 'pets' in our city limits.  His story ran in our local paper and I started doing some research into the backyard chicken 'movement'....I also have a couple of friends with backyard chickens, so at some point it had gotten into the back of my mind already.

I followed the case via the internet and local paper.  The "chicken gentleman" filed a motion to amend the ordinance to allow chickens.  The Planning Commission did their dutiful job and researched other backyard chicken ordinances throughout the state and made a recommendation to the City Council to approve a change in the zoning ordinance...this would allow for chickens with stipulations (like several other Michigan cities have done....Traverse City, Ann Arbor, Grand Rapids, East Lansing, etc....)  Given the recommendation by the Planning Commission to the City Council to approve the amendment, I didn't go out of my way to press the issue...doh.  The City Council voted down the change, thereby affirming the current ordinance not allowing any animals other than 'typical pets' and forcing the "chicken gentleman" to give up his animals.

Truth be told - I was really upset.  I'd now spent a month or two getting to know chicken care.  I researched city-appropriate coops and plans, etc.  I found hatcheries and studied different breeds and picked the ones I wanted.  (Jason had already warned me not to name them...I'd get too attached...)  I found myself on a website and forum called backyardchickens.com that has been incredibly helpful.  And there, I learned that Michigan has one of the strongest Right to Farm Acts in the United States...and low and behold, if done properly, my backyard chickens would be protected.  Agriculture has, and will likely continue to be for quite some time, a leading economy in our state.  And while I don't intend to become a full-time farmer, the law, as it is stated now, dictates that I can farm anywhere.

I have been on a crusade since the ordinance didn't pass.  And by I, I literally me "I" - not Jason and I.  He has been very understanding and supportive...however, he also stands by the feeling that he really doesn't want to take care of anything else that consumes oxygen (which I can't understand why...all we have now are 4 kids, 2 dogs, 2 cats and 2 gerbils....plenty of oxygen left!)  I've stated my 'chicken case' to him over and over...chickens make great pets, provide many benefits (eat bugs...make great poop for fertilizer...) and, most importantly, lay eggs - which our family consumes A LOT of.  I've got coop plans drawn up and I'm ready to start building...

He blessed my attempts to get chickens (I think only because in the back of his mind he doesn't think it will ever happen....)  Funding my plan is an issue, of course...but I'll work on that (seems my sponsorship plan was well-received when first announced...).  Right now, the real issue is dealing with the City.  And Jason has said - no chickens until we hear from the city that it's 'okay'.  So I have been working on that.

I spent weeks doing research and drafting my letter.  I sent it to the City (the Planning Commission, the Mayor, the City Attorney, and the Zoning Board of Appeals).  Here is what I sent - 

Dear Sirs and Madams,

I am writing to have protection under the Michigan Right to Farm Act to establish a farm on my residential lot within the City of Midland, Michigan.  I intend to have a small vegetable garden and to raise chickens for egg production.

In August, 2011, a petition was brought before the City of Midland Planning Commission seeking to amend the Zoning Ordinance to permit chickens and ducks on residential lots in the city.  The Planning Commission made a recommendation to the City Council to permit chickens, with certain standards.  In October, 2011, the City Council voted to NOT amend the Zoning Ordinance, thus upholding the ban on poultry/fowl in the city.

Since that time, and with much research of cases of similar issue in the State of Michigan, it has become clear to me that I can continue with my plan to raise chickens in my residentially-zoned yard, and have protection under the Michigan Right to Farm Act, both to ensure I am not in violation of current Zoning Ordinances, and also any nuisance complaints that might arise.

As a courtesy, I am providing my justification for my actions, in advance of establishing my farm.  I believe that I am entitled to establish a farm on my residential lot for the following reasons:

The August 23, 2011 minutes from the Planning Commission meeting state the following:

This section shall not regulate the keeping of chickens in those areas zoned Agricultural district, where the raising of poultry is a permitted principal use when conducted in compliance with the Michigan Right to Farm Act (MRTFA) and the Generally Accepted Agricultural and Management Practices.  The MRTFA is not applicable in municipalities with zoning when the property is zoned single family residential.

It was the view of the Planning Commission that the MRTFA does not apply to properties zoned single family residential.  Court rulings in the State of Michigan support the opposite, as highlighted on Page 6 of the attached resource, Land Use Planning and the Right to Farm Act, as prepared by Dr. Patricia Norris, M.S.U. and Dr. Gary Taylor, M.S.U. Extension.  In summary, the Michigan Right to Farm Act was amended in 1999 to read:

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.

This amendment was upheld in the following court cases:

• Milan Twp. V. Jaworski – concluding that a Milan Twp. Ordinance that limited hunting preserves to areas that are zoned agricultural conflicted with the RTFA “to the extent that it allows the township board to preclude this protected farm operation.”
• Village of Rothbury v. Double JJ Resort Ranch – concluding that “an ordinance provision that only permits single family dwellings, playgrounds, and parks would prohibit farming operations, the ordinance provision conflicts with the RTFA and is unenforceable.”
• Charter Township of Shelby v. Papesh – concluding that “…the RTFA no longer allows township zoning ordinances to preclude farming activity that would otherwise be protected by the RTFA.  Rather, any township ordinance, including a zoning ordinance, is unenforceable to the extent that it would prohibit conduct protected by the RTFA.”
• Papadelis v. City of Troy – concluding that a zoning ordinance “…limiting such activity to parcels with an area no less than five acres is preempted by the RTFA and is not enforceable.”

In addition, Page 2 of the enclosed Right to Farm Act Policy Platform by the Michigan Association of Planning, summarizes recent court decisions that provide nuisance immunity in newly established farms in residential areas.  While the Michigan Association of Planning is recommending changes to the RTFA, they acknowledge that the court decisions currently on file with regards to the RTFA support both newly established farm operations, including residential areas, as well as preemption of local zoning ordinances, so long as the farm uses GAAMPs.

I believe it to be indisputable that the Michigan Right to Farm Act allows me to establish a farm in a residentially-zoned area.

To be clear, the Michigan Right to Farm Act only provides protection from nuisance complaints if said farm meets the criteria of a farm, as defined by the RTFA.  These criteria are as follows:

• The activity is a “farm or farm operation” – definitions provided on the attached resource, page 2.
• The activity is engaged in commercial production of its farm product
• The farm complies with the Generally Accepted Agricultural Management Practices

My farm will produce vegetables, as well as eggs from chickens.  I have several friends and acquaintances who intend to purchase my farm-fresh eggs from me, thus making my farm a commercial operation, and I will keep records and file taxes accordingly.  I also intend to comply with all relevant GAAMPs, including, but not limited to those pertaining to Manure and Animal Care.  Prior to farm operations commencing, all GAAMPs and other related regulations and resources will be on file in my home office.  Copies of the Michigan Right to Farm Act and GAAMPs can be found on the Michigan Department of Agriculture and Rural Development website.

In order to maintain positive neighbor relations, I intend to raise chickens under many of the guidelines suggested by the Planning Commission in the proposed amendment to the Zoning Ordinance, including but not limited to:

• Not keeping a rooster
• No slaughtering of chickens on the premises
• Providing an covered enclosure that will house the chickens at all times
• Locating the covered enclosure in the rear yard, no closer than 10 feet to any property line and/or within 40 feet of any neighboring residential structure
• Constructing a covered enclosure with traditional building materials, that will prevent rats, mice and other rodents access to the chickens.  All feed will also be stored in a rodent-proof manner.
• Not install signage with regards to eggs for sale.

I firmly believe in my right to grow a garden and raise chickens for eggs in my own plot of land, regardless of its location.  I will do so responsibly and with respect for the animals involved, and my neighbors.

I thank you for your attention to this matter, and hope that this proactive attempt to avoid any zoning violations and/or nuisance complaints is appreciated.

Best regards,

*me*

Enclosed                Land Use Planning and the Right to Farm Act, Norris and Taylor

                                Michigan Association of Planning, Right to Farm Act Policy Platform

Several members of backyardchickens.com suggested that I proceed with my chicken plans and deal with a zoning violation when it comes.  I'm nearly certain that it WILL come (i have some lovely neighbors), but my agreement with Jason is that we must receive some sort of acknowledgement from the city that my plan is acceptable before any money or construction, and most definitely chick arrival, happens.

There is already much case precedent set for the Michigan Right to Farm Act.  I am hoping for the best...and I have promised Jason that I won't spend any money, or an unreasonable amount of time, in my fight.  Basically, we can't/won't go to court over the issue.  Several others have already done that before us...and even though they've won their cases, it was years and time and money.

So....let's see what the city says....