Front yard Ajax ice rink can stay

Durhamregion.com
Jan. 28, 2015

An Ajax family scored a win and will be able to keep their front yard hockey rink.

An agreement was reached between the Broomfield-Callery family and the Town which will allow the rink to remain until the end of the March break or the first significant thaw.

“I feel relieved, relieved my kids will be able to skate for the rest of the year and I’m not looking over my back to see if a bylaw officer comes,” said homeowner Karen Callery.

The Town had received a complaint from a neighbour of the family, claiming the front yard rink was unsightly. When the Town investigated, it determined the boards around the rink constituted a structure, which aren’t allowed on front lawns. The Town sent the family a letter on Jan. 20, telling them they had two weeks to remove the boards.

Ms. Callery said she had replied to the Town’s letter on Monday, Jan. 26. “Shortly after replying, a bylaw manager called and said ‘can we please talk?’ We came to an agreement.

“They still believe it’s a structure and it’s not allowed in the front yard, but they’ll turn a blind eye. It’s going to melt in four to five weeks. It won’t be allowed next year,” Ms. Callery noted.

Derek Hannan, manager of bylaw services for Ajax, said, “Overall, I think it got blown way out of proportion and it needed to come to an end. When the first thaw occurs, the boards will come down and that’s the end of it.”

A letter from the Town after the agreement was reached stated, “I appreciate your willingness to discuss this matter with me so openly and to participate in reaching a resolution in this matter and also your word that you will remove the boards by the end of the March Break or as soon as a significant mild spell and thaw occurs.”

Ms. Callery said the small rink was built so her children could skate and get exercise. “My kids are so thrilled, so excited. When we told them, they were over the moon.”

Ms. Callery said she’s received hundreds of messages from across the country supporting her efforts. “We even had people leave messages on our home phone.”

Messages included words of encouragement, such as “we’re proud of you, keep your kids exercising. It was amazing,” Ms. Callery said.

Ajax is currently reviewing its zoning bylaw, which regulates structures.

If Ms. Callery wants to put the boards up again in future years, “I’ll have to attend the zoning bylaw meetings in the summer,” she said, adding she would “absolutely” be going to the meetings.

She was going to address council on Feb. 9, but the Town requested she not attend.

“They felt a better avenue to amend the bylaw was to attend the meetings in the summer when the zoning bylaw is being reviewed,” she said.

“So many people tell me they want to have a rink on their yard. If and when we get the bylaw amended, then I’ll feel that final yay,” Ms. Callery added.

Mr. Hannan noted the family has agreed to keep the sidewalk in front of the house clear of ice and pucks aren’t flying out of the rink.

The Town isn’t planning to notify the complainant, Mr. Hannan added. “We have the discretion to enforce our bylaws. Rather than two weeks to be in compliance, they now have a month and a half to be in compliance.”

The Town’s letter also stated, “Ajax By-law Services is willing to utilize discretion and abstain from proceeding with regard to the structure (ice rink) located in your front yard. As discussed this enforcement strategy will be reconsidered in the event the rink creates any associated nuisances, such as water drainage issues, thawing and freezing of ice on the sidewalk, hockey puck damage, etc.”

In an e-mail announcing a deal had been reached Ms. Callery stated, “Special thanks to the Brimacombe ski resort in Orono, who even offered to donate a truckload of snow for us to pack around the ice, which would replace the need for boards. Although it is no longer necessary, it was heartwarming to see the winter sporting community rally together and we are immensely grateful.”