A resident in Windsor, Robert Redmond, is facing a challenging situation as the city is requesting him to reverse the changes he made to his backyard. Redmond is concerned about the financial implications and the approaching deadline.
Redmond, residing in Fontainebleau, purchased his home in 2019 with a berm and a cement wall in the backyard to reduce noise from nearby train tracks. Observing that his neighbors had altered similar structures in the past, Redmond decided to follow suit. During the pandemic, he removed the unstable wall and the berm, which required the removal of approximately 52 dump truck loads of dirt.
The cost of this project amounted to $6,700, but Redmond believed it was worthwhile to create more space for his children to play. However, a neighbor reported the changes to the city, prompting officials to instruct Redmond to reconstruct the berm within a year and engage a sound engineering specialist to redesign it.
Despite his extensive search, Redmond struggled to find an engineer in Ontario but eventually connected with one from the firm responsible for the original berm’s design three decades ago. The engineer proposed a wooden fence as a suitable alternative to meet sound requirements.
However, the city rejected this solution, emphasizing the importance of maintaining the berm for safety in case of a train accident. Redmond argued that the likelihood of such an incident was minimal due to the slow-moving trains in the area.
The City of Windsor underlined the necessity of complying with property standards bylaws concerning sound barriers and berms for residential properties near active train tracks. Violations are subject to enforcement actions to ensure safety and adherence to regulations.
According to Colin Novak, a University of Windsor engineering professor involved in the original assessment, berms serve as vital noise and vibration reduction measures and safety precautions. He highlighted the importance of meeting noise attenuation standards despite potential increases in rail traffic.
Redmond expressed frustration over the situation, pointing out that failure to restore the berm by the specified deadline could lead to financial penalties and significant costs. He lamented the lack of support and the potential impact on his family’s finances, emphasizing the uncertainty and stress caused by the looming deadline and restrictions on selling their home.
The family now faces an uncertain future, grappling with the financial burden of berm reinstallation and potential penalties for non-compliance. Redmond’s plea for assistance echoes the difficulties they are experiencing and the urgent need for a resolution to this ongoing dilemma.
