Neighbors Battle Over Chicken Coop - Urban Zoning Issues
Monday, May 06, 2013
One chicken coop located at 399 Broadway on the City's West Side has caused considerable controversy.
The proposed store located on Broadway, owned by Drake Patten has drawn considerable attention and support from residents and community organizations who support the proposed retail use - a small retail supplier of chickens, feed and urban gardening materials.
Zoning appeal curbs opening.
“I first located the property in September of last year and the city’s initial record that they provided to me was that the property was commercial zoning and the deeper in we got it became clear that there wasn’t the appropriate zoning,” said Drake Patten, owner of Cluck, the proposed business to be operated at 399 Broadway. “We decided to go forward and obtain zoning. The first hearing we could get was in February, where we received approval.”
The zoning approval was later overturned on a technicality as one abutter, John J. Paterra, II did not receive formal notification.
The opposition, Anthony and Monica Paolino, Sts Vartanantz Armenian Apostolic Church and John J. Paterra II have filed for a restraining order to prevent Patten from peddling on the property under a city issued peddling license. Major concerns cited are the presence of chickens on the property and parking constraints.
“The abutters filed for a restraining order against me. When I was told I had lost the zoning decision based on one abutter not being informed, I had applied that week for a peddler’s license as a backup plan. I’ve been peddling according to the law and they are now accusing me of running a retail store and selling things from my store. I can only load supplies out in the morning. I am very much trying to respect the peddling limits that have been set. They are claiming I go in and out of my store, which is a lie. I wish I could go in and out of my store. It’s just not true.”
Restraining order requested to stop all retail activitiy.
John O. Mancini, of the Law Offices of Michael A. Kelly, attorney for the abutters filed for the restraining order.
“It’s illegal,” he said. The city issued a cease and desist on the peddler’s license and then it was retracted. The peddler’s license doesn’t fall within the law.”
Patten made permanent plans to accommodate the new business based on her initial zoning approval.
“I left my job on March 1 and intended to open on March 15. Here we are in May and I am still not open," she said.
Patten had already ordered all of her supplies to open in March. The building now sits with a full inventory some of which cannot be sold this year even if the zoning is approved, due to seasonal timing constraints.
Financial concerns and legal fees mounting.
Patten is also limited in what she can sell as a peddler and is unable to purchase summer compost and other materials needed by her clientele due to the pending legal matters. She can’t continue with improvements to the property due to the imposed work stoppage and escalating legal fees.
“I am trying not to spend more money now, because I don’t know what is going to happen,” she said.
Sts Vartanantz Aremian Apostolistic Church, that sits across the street from Cluck has signed on in opposition to the retail store. Patten said that she sat down with members of the church to discuss her plans and alleviate any of their concerns.
“Church members were parking on this property, which is private property for years. They can't park here anymore. The church felt strongly due to their parking concerns that they were going to move forward against my plans,” she said.
The parking issue, according to Drake is a moot point due to the fact that church patrons did not have permission to park on the property previously. Patten plans to close one of the two automobile access curb cuts to the property. The plan will prevent people from parking on the property, but may allow the city to create more on-street parking.
Also on hold are plans to create an enclosed garden area where plantings, a 4x8 chicken coop for 3 chickens, and urban gardening displays and demonstrations will be housed.
“Mr. Paolino is concerned about having to look at chickens when his building is across the street and his office is on the other side. It doesn’t face my property or my one coop,” she said.
Andy Teitz, attorney for Patten, of Ursillo, Teitz and Richt , Providence was confident in Patten’s application before the zoning board.
“There was a collective objection before and there is a collective objection now, but it isn’t different. It is the same people - abutters, with the same objections they brought forth before,” Teitz said.
Mancini objected on behalf of his clients based on the current zoning and use ordinance.
“The present zoning in the area allows for residential and professional use. It is in a historic overlay district. The use requested is not allowed in the district,“ he said.
The restraining order intended to prevent Patten from peddling her wares is due to be heard on May 7, prior to the May 13 zoning hearing.
“Drake has a valid peddling license, issued by the city. I don’t believe that there is any problem with it,” said Teitz. “I think that she successfully presented her case before zoning the first time to show that the variance was valid.”
Teitz explained that were hardship issues with the property, as the former gas station property had remained vacant for the last decade.
“The property can’t be used for the original use and it can’t be used for anything else allowed within the zone. It’s not going to be harming the community. It is a tiny retail use that is urban in nature. She has valid foundation for the variance,” said Teitz.
Mancini did not agree that all beneficial use of the property was absent.
“The city allows for parking. Parking is an allowable use for that property, so not all beneficial use is gone. It doesn’t allow for retail use and for chickens” said Mancini. “We’re asking that the laws in place be followed and implemented. It’s about whether or not this use complies with the comprehensive plan of the city or the zoning ordinance. Once the variance is granted, if the business fails, the retail use remains in perpetuity. Mr. Paolino does not want to look out his windows and see chickens,”said Mancini.
“I think if we could stick with the law, I would be happy," said Patten."The zoning board ruled on the law. It was a technicality that overturned the decision. This is not just hurting me," said Patten. "It is harming vendors, suppliers, contractors,” Patten said.
Community lent support to retailer.
Patten has support from the local community, including the South South Side Community Land Trust.
“We have supported Drake since she first brought up the idea of having an urban growing and retail store,” said Susan Sakash, Development Director.
“It’s beneficial to the community to have onsite agricultural expertise to assist grower’s in the city. There’s been a swell of interest in the last five years concerning urban gardening. There is always a benefit to providing resources in a local and walkable location. We have a hub right around the corner from Cluck on Grove Street and we look forward to partnering with Drake to provide the community with the resources they need to have successful urban gardens.
An online fundraising effort was initiated in order to assist Patten with her legal fees, as well as a community rally at the Broadway location.
Drake Patten (ctr-standing), owner of Cluck and several supporters enjoy the sunshine on Friday while peddling urban gardening and feed wares.
