HomeMy WebLinkAbout2015 07-29 Feathers fly as chicken owner heads to court MAPLEWOOD REVIEW2/17/2016 Feathers fly as chicken owner heads to court I Lillie Suburban Newspapers - LillieNews.com
Feathers fly as chicken owner heads to court
Submitted by adminl on Wed, 07/29/2015 - 12:00am
By: Erin Hinrichs
Sheila, a black australorp hen, rests while her owners, the Blomquist family, tend to the garden and chicken coop. (Erin Hinrichs/Review)
`Therapy chickens' create city -neighborhood divide
Nancy Blomquist, 57, and her husband, Joe, 52, started out raising chickens at their Maplewood residence to serve as therapy
pets for their children with developmental disabilities.
"We decide to raise chickens for [our children] so they would have an avenue for building confidence, responsibility," Nancy says
They adorned the inside of the coop, where the hens lay their eggs, with framed photos and trinkets. The run area is beautified
with hanging flowers and garden statues.
But what began as a calming backyard project has turned into an emotionally -charged legal battle with the city.
Having made the mistake of building the chicken coop prior to applying for a permit with the city, then failing to agree on a
compromise, Blomquist is going to trial by jury on Aug. 3. Facing misdemeanor charges, city attorney Elliott Knetsch says she
could be sentenced to up to 90 days in jail.
"We're asking her to comply with the ordinance like every other resident in Maplewood, but somehow [she thinks] she's above the
law," Knetsch told the Review. "Every day she refuses to move the coop, I hope the judge orders another 90 days."
The terms of the compromise, mediated by Police Chief Paul Schnell, would have Blomquist relocate the chicken coop away from
the northern end of her property to reconcile objections from a neighbor, in order to obtain a permit. But she's reluctant to agree to
these terms.
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Feathers fly as chicken owner heads to court I Lillie Suburban Newspapers - LillieNews.com
Nancy Blcarrbquist, 57, fears she will be sentenced to 90 days in jail if
found guilty of violating than city',s chicken ordinance at tier A119, 3 triad
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7 h Blorrbquist family keeps a clean run, replete with flowers and garden
Lissy Blcarrbquist, 10 holds Alice, a red star hen, Caring for than chickens
makes tier feel responsible and needed, Joe Blcarrbquist says, (I::: fin I finrich,�V
R4:+G/94:+w)
http://www. bul I eti n-news.com/articles/2015/07/29/feathers-fly-chi cken- ow ner- heads- court
"I think they're causing a lot of unnecessary stress on the
family and on our children," she says. "We already have
enough to deal with. It's just so catty and a waste of
taxpayers' money."
Collecting eggs and citations
Nancy and Joe Blomquist are currently raising four
children, between the ages of 10 and 14. None are their
biological children, but the couple has legal custody over
all of them.
They decided to raise chickens as therapy pets in 2013.
They incubated 10 eggs, which turned out to be a mix of
hens and roosters when they hatched that fall, Joe says.
Aware that keeping roosters was a violation of city code,
Nancy says, they gave them away to a 4-H family.
Meanwhile, they built a chicken coop and run at the back
of their fenced -in lot, thinking they'd apply for a permit
after -the -fact, so long as everything passed inspection.
But upon seeking 100 percent neighbor approval, as
specified in the ordinance, one neighbor objected.
Knetsch says the city attempted to mediate a
neighborhood resolution — to relocate the chicken coop
away from the back fence — which she allegedly agreed
to, then backed out of.
After months of back -and -forth, the city lost patience with
the Blomquists' backwards approach and issued two
citations in Aug. 2014. The situation continued to escalate
with Nancy being issued an Aug. 3 Ramsey County court
date for a misdemeanor offense. She'll be represented by
a public defender.
"These types of ordinance violates do not typically get set
for trial," Knetsch says. "it got to this point totally because
she's obstinate. She's stubborn. She refuses to follow the
law. She refuses to follow agreements. She minimizes
her own conduct and exaggerates the conduct of others.
"To say the city is coming down heavy-handed on her is
ludicrous."
Nancy tried presenting her case to the Maplewood City
Council at the June 9, 2014, meeting but, overwhelmed
with emotion, stopped short of her allotted three minutes
at the podium. She says she's still hoping the mayor or
another city official will intervene on her family's behalf,
but the odds don't look good.
"The matter's under investigation, so I can't comment,"
Mayor Nora Slawik told the Review. "The only thing I will
say is that the Maplewood City Council passes
ordinances, and we expect our law enforcement to
enforce them and our residents to abide by them. And we
need to treat our residents equally."
Schnell declined to comment since it's an open court
case.
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Neighbors weigh in
In terms of qualifying for a permit, Maplewood's chicken code states an applicant must have "sought the written consent of 100
percent" of the residents or property owners adjacent to the applicant's lot or, "proof that the applicant's property lines are 150
feet or more from any house."
The Blomquist's claim they eventually sought approval from all their neighbors, but a letter from the city dated June 5, 2014,
notified them their permit application would not be issued because they had failed to get 100 percent consent from adjacent
neighbors.
Caught up on the nuance of "seek" versus "get," the Blomquists felt they had done what was required of them and were now
being unfairly subjected to the mercy of one neighbor they had no relationship with and the city.
"I feel that this is discrimination and that we're being bullied," Nancy says, claiming they're in accordance with the code in every
other aspect.
While they could have avoided the pending court date by simply relocating the coop — a compromise negotiated by Schnell
the Blomquists say the request is cumbersome and unfair.
"If we moved it, I would have to get a forklift," Joe says, adding the wire mesh is buried in the ground to keep out predators.
"[Moving] it makes no sense because the chickens run around the yard. They only sleep in there."
The majority of the neighbors don't take issue with the Blomquists and their 10 hens, noting they don't really notice any noise or
smell coming from the yard.
However, as is the case with many other chicken permit applications cropping up in the region, not everyone is keen on the
idea of urban farming taking root next door.
In Blomquist's case, her neighbors to the north would like to see the coop moved away from their backyard property line, she
says, despite the presence of a natural buffer of mature spruce trees and brush.
Therapy chickens
Nancy and Joe consider the chickens therapy pets for their children, namely Sam, their 13 -year-old autistic son, and Lizzy, their
10 -year-old daughter with a developmental disability.
"It helped Sam come out of his shell. We have to really coax him to come out of his room," Joe explains, noting Sam has really
taken to the chickens.
As a family, they collect the eggs, take care of cleaning and feeding duties and spend time in the yard with the chickens — a
welcomed outlet for communicating and reinforcing life skills, Nancy says.
"I could go get two miniature horses because the ADA [Americans with Disabilities Act] sees them as support animals. I chose
chickens," she says.
She's collected letters of support from professionals who work with her children through the Northeast Metro Intermediate
School District 916, the North St. Paul -Maplewood -Oakdale School District 622 and Pediatric and Young Adult Medicine clinic.
All cite the benefits of support animals and speak to the therapy the chickens provide Sam and Lizzy.
While the adults engage in a standoff, one thing appears certain: the children are the ones who will lose out if the situation isn't
remedied before the chickens are taken away.
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2/17/2016 Feathers fly as chicken owner heads to court I Lillie Suburban Newspapers - LillieNews.com
Asked what he does to help take care of the chickens, Sam says he collects eggs, holds them and is responsible for
Chicklet's death.
Offering further explanation, Joe says Chickletwas killed by a hawk. The incident spurred some important conversations
about how wild animals can'ttell the difference between pets and prey. But Sam has continued to internalize the loss.
"Sam's still talking aboutthe hawk thattook the chicken," Joe says. "And I think they'll feel powerless again if [the city]takes
the chickens away."
Erin Hinrichs can be reached at 651-748-7814 and ehinrich sp_lillienews.com. Follow her at twitter.com/EHinrichsNews.
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