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Resident fights landscaping rules

9 June 2010 by Don Patterson - Staff Reporter No Comments 365 views

An Okotoks resident said she only wanted to spruce up a park space behind her house, but Town officials say her efforts run afoul of bylaws preventing people from landscaping public property.

Sharon Molnar and her family moved to Okotoks in 2008 and they planted a hedge and trees on Town-owned land along the fence behind her home. The landscaping and installation of an irrigation system cost $9,000.

“We were thinking we were beautifying our area,” she said.

Okotoks resident Sharon Molnar has asked town council to allow a hedge she had planted along a fence behind her home to remain in place. The Town has asked her to remove the hedge because it is on public land.

Okotoks resident Sharon Molnar has asked town council to allow a hedge she had planted along a fence behind her home to remain in place. The Town has asked her to remove the hedge because it is on public land.

However, the Town has instructed Molnar the landscaping must be removed at her expense because it is on public land.

Landscaping public land behind one’s home was a practice the Town allowed in the past, but was banned in 2008. These rules also cover putting park benches, bird feeders and any other physical structures on public lands.

Molnar admitted she didn’t check the Town’s rules ahead of time, but she thought it would be alright with reassurance from her landscaper and she said she saw a lot of similar situations around town.

“I did not think to go to the Town because I saw it everywhere else,” she said.

Molnar was first notified a year ago it was against Town bylaws and told to remove the hedge.

The trees have been removed and she will also have irrigation lines pulled back within her property line, however, she said it would be a more difficult and expensive task to remove the 60 hedge plants along her fence.

Molnar brought the situation to town council asking to be able to keep the hedge in place.

“The bottom line is we’ve invested the money, we’re good citizens, we’ve tried to make it nice, there’s not been a problem,” she said.

Council did not make a decision at the time.

Okotoks open spaces co-ordinator Christa Michailuck said the Town can’t bend the rules in Molnar’s case because it would set a precedent.

Historically, the Town allowed people to plant trees, bushes and do landscaping on Town-owned land behind their homes. Residents had to sign a landscaping agreement outlining what would be planted and where.

Later a Town employee would check their work. Once completed, residents would also have to sign a maintenance agreement with the Town.

Michailuck said the Town signed the last agreement in 2006 and then issued a moratorium on new agreements. The practice was then banned in the Urban Forest Plan approved by town council in 2008.

At the time, the Town counted about 120 cases where people had done landscaping on public land and Michailuck said about half had agreements with the Town and half didn’t. It was decided at that time all existing cases would be grandfathered.

Anything planted after 2008 would have to be removed. As well, in cases where maintenance agreements are not followed, Michailuck said the Town has the authority to go in and remove plants.

However, she said it hasn’t done so in any cases to date.

When the Town finds people who have planted trees on public land, she said they are given letters asking them to remove the plants.

Michailuck said there are a number of reasons why the Town no longer allows people to plant anything on public land behind their homes.

“It very much has the feel of an extension of private space into public space,” said Michailuck.

As well, she said the Town has specific standards for species selection of plants in its park areas for natural and drought resistant plants. Other concerns include the introduction of invasive species into park areas, differing maintenance standards, maintaining fire barriers and access for mowing and maintenance.

Michailuck said it’s a concern when people apply fertilizer and chemicals on Town land.

Molnar said she understands the need to draw a line somewhere, but said there should be some consideration for people who go to the effort to put in good landscaping and ensure it’s looked after.

“Why are you picking on us?” she said. “Go look at all the other unkempt areas.”

Molnar said it’s not a fair playing field and the Town should allow people to do landscaping behind their homes, strictly enforce maintenance and go in to remove plants in cases where it’s not being looked after.

Council is expected to make a decision on Molnar’s request at an upcoming council meeting.

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