MONROE - In its first denial since passing an ordinance allowing chickens to reside within city limits, Monroe Common Council members further encouraged new city resident Mike Mancini to fight for the right to keep the birds in his backyard despite a covenant in his deed which forbids it.
"I feel like we're bringing a lot to the community," Mancini said. "We're exactly that type of couple they're looking for. We're committed to the city. We're committed to the (school) district. For something like this to happen is just disappointing."
In November, 28-year-old Mancini and his wife, Erin, moved to their home located in the 2700 block of 3rd Avenue in Monroe. The ability to own chickens was a driving factor in which area community they chose. Mancini works as a State Farm Insurance agent in downtown Monroe. His wife is a nurse in Madison.
Mancini attended the meeting on Feb. 22 in defense of his desire to own four chickens despite the restriction. He claimed the 40-year-old rule should no longer apply to the new population of residents in the Valley View subdivision and said that at the time of the writing of the covenant, the city did not allow chickens, which is no longer the case.
Council members briefly discussed how the covenant would be superseded and whether they could vote the denial down, allowing Mancini another attempt to apply for a permit. Despite the expression of some understanding, the group voted in favor of the denial 5-3. Aldermen Richard Thoman, Tom Miller, Jeff Newcomer, Brooke Bauman and Michael Boyce denied the permit application while Charles Koch, Chris Beer and Ron Marsh did not.
Boyce, who also serves on the license committee that recommended the denial based on covenant information brought to members by City Clerk Carol Stamm, said it is not the place of city government to undermine neighborhood association agreements.
"If I were a neighbor, I would be upset if the council passed a permit knowing there was a covenant that denies chickens," Boyce said.
Mancini emphatically disagrees.
"The recent law wouldn't have passed if it didn't have support from the city," Mancini said. "The covenant should be null and void or the city council should take initiative."
Council members approved the chicken ordinance by a 4-3 vote just over a year ago. It was agreed upon by some residents, while others voiced their objections before the law was officially passed. Alderman Reid Stangel, who was not present to vote for the Mancini permit denial, has voted against permits under consideration despite city staff's recommendation to approve applications.
Each application is laid out with a number of requests. Chickens can only be kept by a single-family residence. Homeowners may only have up to six hens, no roosters, and must keep the animals secured within a coop and run behind their property. There are a number of distance requirements for the structures as well. Mancini corresponded regularly with city staff and even submitted additional information when asked. All plans were approved by the city and Mancini contends he has enough space in his yard to accommodate chickens.
He added that the process was "extremely restrictive" and that people he knew who lived in Chicago suburbs simply had to fill out an online form, pay $10 for the application and were then approved. Though the locations are different, the burden placed on a resident to fill out sheets and diagrams for the cost of $50 seemed disproportionate.
The most frustrating obstacle to Mancini is the lack of sources of information regarding the aging covenant. Originally put in place in 1978, the lawyer who wrote the neighborhood law has since died and a number of residents within the neighborhood have either also passed away or moved somewhere else.
Now Mancini said he and his wife intend to change the rule. A burdensome task, Mancini said he will have to get each of his fellow 110 subdivision neighbors to sign in agreement. He will also have to hire a lawyer to write new code at the cost of about $200 per hour. In his initial steps of planning, Mancini said he has already talked to immediate neighbors, who have said there would be no problem with having chickens next door. He plans to draft an official petition for all neighbors to sign. The daunting task of receiving agreement from everyone still weighs heavily. Even one exception to the idea would eliminate his chance to change the rule.
"I feel like we're bringing a lot to the community," Mancini said. "We're exactly that type of couple they're looking for. We're committed to the city. We're committed to the (school) district. For something like this to happen is just disappointing."
In November, 28-year-old Mancini and his wife, Erin, moved to their home located in the 2700 block of 3rd Avenue in Monroe. The ability to own chickens was a driving factor in which area community they chose. Mancini works as a State Farm Insurance agent in downtown Monroe. His wife is a nurse in Madison.
Mancini attended the meeting on Feb. 22 in defense of his desire to own four chickens despite the restriction. He claimed the 40-year-old rule should no longer apply to the new population of residents in the Valley View subdivision and said that at the time of the writing of the covenant, the city did not allow chickens, which is no longer the case.
Council members briefly discussed how the covenant would be superseded and whether they could vote the denial down, allowing Mancini another attempt to apply for a permit. Despite the expression of some understanding, the group voted in favor of the denial 5-3. Aldermen Richard Thoman, Tom Miller, Jeff Newcomer, Brooke Bauman and Michael Boyce denied the permit application while Charles Koch, Chris Beer and Ron Marsh did not.
Boyce, who also serves on the license committee that recommended the denial based on covenant information brought to members by City Clerk Carol Stamm, said it is not the place of city government to undermine neighborhood association agreements.
"If I were a neighbor, I would be upset if the council passed a permit knowing there was a covenant that denies chickens," Boyce said.
Mancini emphatically disagrees.
"The recent law wouldn't have passed if it didn't have support from the city," Mancini said. "The covenant should be null and void or the city council should take initiative."
Council members approved the chicken ordinance by a 4-3 vote just over a year ago. It was agreed upon by some residents, while others voiced their objections before the law was officially passed. Alderman Reid Stangel, who was not present to vote for the Mancini permit denial, has voted against permits under consideration despite city staff's recommendation to approve applications.
Each application is laid out with a number of requests. Chickens can only be kept by a single-family residence. Homeowners may only have up to six hens, no roosters, and must keep the animals secured within a coop and run behind their property. There are a number of distance requirements for the structures as well. Mancini corresponded regularly with city staff and even submitted additional information when asked. All plans were approved by the city and Mancini contends he has enough space in his yard to accommodate chickens.
He added that the process was "extremely restrictive" and that people he knew who lived in Chicago suburbs simply had to fill out an online form, pay $10 for the application and were then approved. Though the locations are different, the burden placed on a resident to fill out sheets and diagrams for the cost of $50 seemed disproportionate.
The most frustrating obstacle to Mancini is the lack of sources of information regarding the aging covenant. Originally put in place in 1978, the lawyer who wrote the neighborhood law has since died and a number of residents within the neighborhood have either also passed away or moved somewhere else.
Now Mancini said he and his wife intend to change the rule. A burdensome task, Mancini said he will have to get each of his fellow 110 subdivision neighbors to sign in agreement. He will also have to hire a lawyer to write new code at the cost of about $200 per hour. In his initial steps of planning, Mancini said he has already talked to immediate neighbors, who have said there would be no problem with having chickens next door. He plans to draft an official petition for all neighbors to sign. The daunting task of receiving agreement from everyone still weighs heavily. Even one exception to the idea would eliminate his chance to change the rule.