Front yard gardening crisis 2015

Uhuniau · #1 Posted **Jul 8, 2015, 2:22 AM**

Kanata couple angered by city order to change veggie garden

More evidence that Ottawa needs to get the board removed from its derrière.

Dado · #2 Posted **Jul 8, 2015, 2:51 AM**

"'Somebody biking down the edge of the sidewalk, a young child or something, could be tripped with it being so close to the sidewalk,' said Roger Chapman, the city's chief of bylaw enforcement.

"Chapman said there have been people injured by structures built too close to the sidewalk but admitted it's rare and couldn't give an estimate of how often that has happened."

And this isn't a problem with all the City's own constructions on Preston and Bronson?

https://www.google.ca/maps/@45.407922,-7...HYTWtFUvt-KGcd5iKaUHw!2e0!7i13312!8i6656

https://www.google.ca/maps/@45.399984,-7...ygs-WP0i-spSMK6QKyncA!2e0!7i13312!8i6656

https://www.google.ca/maps/@45.400847,-7...OO5hydh2kmCPC3iVJi8pg!2e0!7i13312!8i6656

https://www.google.ca/maps/@45.4068,-75....E2FIfALjNr3ql4D4larHQ!2e0!7i13312!8i6656

https://www.google.ca/maps/@45.410752,-7...lTBASw2Tq1y64_h7Q2jFA!2e0!7i13312!8i6656

Trip hazards, trip hazards all along the sidewalks! How can the City stand for this by its own hand?

City officials just seem to have a habit of making stuff up on the spot with no regard to how consistent or inconsistent it is with the City's own practises elsewhere.

kwoldtimer · #3 Posted **Jul 8, 2015, 3:07 AM**

I wonder how this affects people with retaining walls that abut City sidewalks?

Uhuniau · #4 Posted **Jul 8, 2015, 4:45 AM**

Quote:

Originally Posted by kwoldtimer

I wonder how this affects people with retaining walls that abut City sidewalks?

I have seen several of those in nice, affluent neighbourhoods.

For that matter, those new(ish) patios outside some Elgin St. establishments.

Such hazard many danger.

Harley613 · #5 Posted **Jul 8, 2015, 5:52 AM**

[IMG]

[/IMG]

Buggys · #6 Posted **Jul 8, 2015, 11:50 AM**

This does not seem listed on the City's zoning bylaw webpages. How the heck are people supposed to know beforehand?

waterloowarrior · #7 Posted **Jul 8, 2015, 12:03 PM**

Quote:

Originally Posted by Buggys

This does not seem listed on the City's zoning bylaw webpages. How the heck are people supposed to know beforehand?

Zoning by-laws would be for your own property. It sounds like this is on the municipal right of way so it is covered by another bylaw
http://ottawa.ca/en/residents/laws-licenses-and-permits/laws/use-and-care-roads-law-no-2003-498

Proof Sheet · #8 Posted **Jul 8, 2015, 12:13 PM**

Quote:

Originally Posted by waterloowarrior

Zoning by-laws would be for your own property. It sounds like this is on the municipal right of way so it is covered by another bylaw
http://ottawa.ca/en/residents/laws-licenses-and-permits/laws/use-and-care-roads-law-no-2003-498

Somewhere buried in that by-law there must be a clause saying that if the City build something permanent in the Right of Way that is decorative etc that the rules don't apply to them.

For this Kanata example, the part that irks me is trying to bring the homeowners military service (3 tours of duty in Afghanistan) into it all as if that is a valid reason not to fine him.

In the grand scheme of things, it looks pretty innocent but a bad place to put a garden in terms of car exhaust etc.

Move on folks, there are bigger issues in the City.

Mulder · #9 Posted **Jul 8, 2015, 1:29 PM**

The structure is likely on city right of way and I hope they are forced to take it down. They are clearly in the wrong of the by-law and laws are supposed to be followed. Not go crying to the media how you don't like them.

Uhuniau · #10 Posted **Jul 8, 2015, 4:35 PM**

Quote:

Originally Posted by Mulder

The structure is likely on city right of way and I hope they are forced to take it down. They are clearly in the wrong of the by-law and laws are supposed to be followed. Not go crying to the media how you don't like them.

If the issue is that it presents a safety hazard, though, then the city ought to either remove its own, identical "safety hazards", or change this idiotic by-law.

And what are children doing riding bikes on sidewalks. Fine their little butts off!

Uhuniau · #11 Posted **Jul 8, 2015, 4:36 PM**

Harley613 wins the internets today.

ars · #12 Posted **Jul 8, 2015, 5:23 PM**

I don't understand why they don't just move it back closer to the front of their house? Why does it need to be on the edge of the yard? These bylaws exist for everyone, it's not like they're being unfairly targeted.

Cage · #13 Posted **Jul 8, 2015, 5:27 PM**

Quote:

Originally Posted by Proof Sheet

Somewhere buried in that by-law there must be a clause saying that if the City build something permanent in the Right of Way that is decorative etc that the rules don't apply to them.

For this Kanata example, the part that irks me is trying to bring the homeowners military service (3 tours of duty in Afghanistan) into it all as if that is a valid reason not to fine him.

In the grand scheme of things, it looks pretty innocent but a bad place to put a garden in terms of car exhaust etc.

Move on folks, there are bigger issues in the City.

In CTV articles that followed the original CBC article, only the wife is mentioned.

My guess having witnessed similar media stories, the CBC reporter played up the military angle too much and angered the husband such that he didn't want to make any more appearances or statements.

Dado · #14 Posted **Jul 8, 2015, 5:28 PM**

Quote:

Originally Posted by kwoldtimer

I wonder how this affects people with retaining walls that abut City sidewalks?

It would get pretty complicated pretty quickly and would depend on circumstances. If the reason for the retaining wall is that the City street cut into the side of a natural hill, then that's an "encumbrance" resulting from the City's own actions, regardless of who actually built and maintains the wall. If it's due to someone raising their land above natural, that would be dicey.

Quote:

Originally Posted by Proof Sheet

In the grand scheme of things, it looks pretty innocent but a bad place to put a garden in terms of car exhaust etc.

I noted that the first row of boxes contain only flowers, probably grown as a deliberate buffer.

Mulder · #15 Posted **Jul 8, 2015, 7:33 PM**

Quote:

Originally Posted by Uhuniau

If the issue is that it presents a safety hazard, though, then the city ought to either remove its own, identical "safety hazards", or change this idiotic by-law.

And what are children doing riding bikes on sidewalks. Fine their little butts off!

City is liable for something they built, (or can pass that off to the engineer) a continuous retaining wall is not a hazard, and usually have proper terminus.

If I am pushing my wife in a wheel chair down this street, and another person walks by and I risk hitting it.

lrt's friend · #16 Posted **Jul 8, 2015, 8:58 PM**

http://www.keepingcurrentmatters.com/wp-content/uploads/2012/04/iStock_000000855854Small.jpg

Don't call an ambulance, call a lawyer. Sue them when your child skins her knee.

Hmmmm. Maybe we should call the Children' Aid. The parents were obviously neglectful putting their child in danger walking down a sidewalk.

waterloowarrior · #17 Posted **Jul 9, 2015, 1:46 AM**

Based on the video it looks like this is the middle unit of a back-to-back townhouse
https://goo.gl/maps/rtf5r

People can be creative with the limited yard space in back-to-back towns, but it's tough unless you have a corner lot
https://goo.gl/maps/mcq0s

It's not a safety issue... there are plenty of private lanes with cars, ornamental walls, etc on even narrower rights-of-way... the City just doesn't want people building things in their right-of-way.

https://goo.gl/maps/r1Klt
https://goo.gl/maps/Pdhfp

Maybe they should have a hedge instead?

(actually this is against the by-law as well)
https://goo.gl/maps/iQaFj

Buggys · #18 Posted **Jul 9, 2015, 2:27 AM**

Quote:

Originally Posted by waterloowarrior

Zoning by-laws would be for your own property. It sounds like this is on the municipal right of way so it is covered by another bylaw
http://ottawa.ca/en/residents/laws-licenses-and-permits/laws/use-and-care-roads-law-no-2003-498

Thanks for the reference.

I read the whole by-law, and can not find anything that says one cannot build hard structures on their own property next to a sidewalk.

Buggys · #19 Posted **Jul 9, 2015, 2:31 AM**

Came across this re what is permitted in terms of front yard veggie gardens:
http://justfood.ca/community-gardening-network/front-yard-edible-gardens/

waterloowarrior · #20 Posted **Jul 9, 2015, 2:53 AM**

Quote:

Originally Posted by Buggys

Came across this re what is permitted in terms of front yard veggie gardens:
http://justfood.ca/community-gardening-network/front-yard-edible-gardens/

This home from your link is owned by a prominent Ottawa couple, and has a garden in the ROW.
https://goo.gl/maps/KBV5h
I wonder if this would count as a "wall"