Couple's stunning new $30k garden must be ripped out after neighbor complained they built it on city's right-of-way
Dean and Pam Kline spent nearly $30,000 USD, about $40,000 CAD, on the landscaping project to beautify the front lawn of their home in Kanata, a community within Ottawa.
The intricate garden includes interlocking paver stones, river rocks, stepping stones, and patches of shrubs and flowers.
However, the couple is now being forced to dig up portions of the garden after a neighbor complained to the city.
'That beautiful circle which inspired us is going to get chopped up because there's a width restriction that we've also just learned about called private right of way,' Pam told CTV.
'Apparently, you can't have any stonework at all. Has to be dirt or grass or mulch. That's the only thing allowed, so if you look around, I can't even imagine how many homes in my own neighborhood, let alone the city, would be in hardcore violation.'
The problem with the Klines's landscaping is that a portion of it was done on the City of Ottawa's right of way (ROW).
ROW refers to the city-owned portion of land classified as a highway under the Municipal Act.
According to Ottawa's website, ROW can include roadways, shoulders, sidewalks, private approaches and boulevards beside someone's property.
The Klines said they were issued a 'notice of violation' and given a September 30 deadline to remove the garden, or the city would do it and send them the bill.
'The bylaw prohibits hardscape on the city's right of way as it interferes with drainage, snow removal and can impact other city services,' Roger Chapman, the director of Bylaw and Regulatory Services, told the news outlet.
'Keeping the right of way clear of obstruction helps ensure city services can be delivered to residents, and that staff can work safely and effectively.'
Dean said neighbors often compliment their garden and admitted it has been challenging trying to work with local officials to figure out the next steps.
'Just about everybody else in the neighborhood loves it. They just come by, and they go for walks, and they say, "Wow, what a beautiful job you've done." So, it's disappointing, we put a lot of money into this,' he said.
'It's like you need a lawyer to get through all this paperwork and the technical parts they want you to cover, which is not for the average person.
'To the different departments, you have to submit all this information, and none of them want to see the whole thing. They just want to see their little part of it… and it's hard to get somebody to give us that full overview of what we have to do.'
The couple is hoping to get an extension on the deadline and feels that city bylaws need to be clearer.
'I would like them to educate the contractors and all the taxpayers so that they know how to proceed when they start this,' Dean said.
'We thought we had done that but apparently we didn't, and it looks like we're going to have to pay the price.'
Many people took to social media to express their support for the Klines and their frustration with the local government for making them take the garden out.
'I seriously hate neighbors who have no life and make every minuscule trivial matter be a bother to them,' one person said.
'To the neighbor who complained, shame on you for being so small-minded that you're offended by your neighbor's yard. And mind your own business. To the city bylaw, wth? One complaint from a jealous neighbor? Shane on you for being so petty and bureaucratic,' another said.
'Wow, that's brutal—imagine putting time and money into your yard just to be told to tear it up,' a third added. 'Hope they can work something out with the city.'
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A Canadian couple has been ordered to rip up their gorgeous new garden after a neighbor complained that it was built on a city-owned portion of land. Dean and Pam Kline spent nearly $30,000 USD, about $40,000 CAD, on the landscaping project to beautify the front lawn of their home in Kanata, a community within Ottawa. The intricate garden includes interlocking paver stones, river rocks, stepping stones, and patches of shrubs and flowers. However, the couple is now being forced to dig up portions of the garden after a neighbor complained to the city. 'That beautiful circle which inspired us is going to get chopped up because there's a width restriction that we've also just learned about called private right of way,' Pam told CTV. 'Apparently, you can't have any stonework at all. Has to be dirt or grass or mulch. That's the only thing allowed, so if you look around, I can't even imagine how many homes in my own neighborhood, let alone the city, would be in hardcore violation.' The problem with the Klines's landscaping is that a portion of it was done on the City of Ottawa's right of way (ROW). ROW refers to the city-owned portion of land classified as a highway under the Municipal Act. According to Ottawa's website, ROW can include roadways, shoulders, sidewalks, private approaches and boulevards beside someone's property. The Klines said they were issued a 'notice of violation' and given a September 30 deadline to remove the garden, or the city would do it and send them the bill. 'The bylaw prohibits hardscape on the city's right of way as it interferes with drainage, snow removal and can impact other city services,' Roger Chapman, the director of Bylaw and Regulatory Services, told the news outlet. 'Keeping the right of way clear of obstruction helps ensure city services can be delivered to residents, and that staff can work safely and effectively.' Dean said neighbors often compliment their garden and admitted it has been challenging trying to work with local officials to figure out the next steps. 'Just about everybody else in the neighborhood loves it. They just come by, and they go for walks, and they say, "Wow, what a beautiful job you've done." So, it's disappointing, we put a lot of money into this,' he said. 'It's like you need a lawyer to get through all this paperwork and the technical parts they want you to cover, which is not for the average person. 'To the different departments, you have to submit all this information, and none of them want to see the whole thing. They just want to see their little part of it… and it's hard to get somebody to give us that full overview of what we have to do.' The couple is hoping to get an extension on the deadline and feels that city bylaws need to be clearer. 'I would like them to educate the contractors and all the taxpayers so that they know how to proceed when they start this,' Dean said. 'We thought we had done that but apparently we didn't, and it looks like we're going to have to pay the price.' Many people took to social media to express their support for the Klines and their frustration with the local government for making them take the garden out. 'I seriously hate neighbors who have no life and make every minuscule trivial matter be a bother to them,' one person said. 'To the neighbor who complained, shame on you for being so small-minded that you're offended by your neighbor's yard. And mind your own business. To the city bylaw, wth? One complaint from a jealous neighbor? Shane on you for being so petty and bureaucratic,' another said. 'Wow, that's brutal—imagine putting time and money into your yard just to be told to tear it up,' a third added. 'Hope they can work something out with the city.'
