Correspondence from Bazink Solutions Inc. regarding secondary suite parking at Nursery Hill

The availability of off-street parking for the owner and the tenant is an important consideration in approving a use for a secondary suite. Historically this has been a source of concern to a few owners of dwelling units in the Strata.

This Strata Council has been legally required by the Town to ensure that all parking is entirely "off street". Another covenant that is included with the application material for this rezoning was registered on title to the common property of the strata, (essentially the access road), in favour of the Town. It restricts all parking on this common property. It mandates that "no vehicles shall be parked on the common property" and as well that "there shall be no impediments that restrict the free flow of ingress and egress over the Lands". It remains Strata Policy and the Strata is in compliance with the covenant.

In addition there is the second relevant covenant registered on title to all of the lots that is also in favour of the Town. This is mentioned above in our comments about the spaces available for off street parking. Among other requirements contained within its numerous provisions, this covenant mandates that each dwelling must have a 2-car garage and at all times the owner must maintain a minimum space within the garage for at least one automobile. This covenant further mandates the landowner to provide "an average of 3 off-street automobile parking spaces for each lot". This is registered on title and was in legal effect prior to the Town granting occupancy to each dwelling unit.

Notwithstanding the requirements, that indicate that an applicant must not count an enclosed garage stall in satisfying the three off-site parking space requirements, these owners are also required, as noted above in to maintain at all times at least one stall within the 2 car garage. They, therefore, will be required to maintain a minimum of 4 stalls if the requested change of use is granted by the Council. In many cases the owners will have 5 spaces available. It would be logical therefore to infer that with respect to parking for automobiles these owners are well positioned to satisfy the present secondary suite parking requirements for each lot.

The Strata Council for this strata development has a strict policy of enforcing against on street parking. The Strata council policy embodies the original covenant in favour of the Town. Further the Strata council has in place a "yellow line system" that visually indicates to any vehicle operator that there is no "on street" parking at any time throughout the community. Signage is in place alerting any vehicle owner of the penalty of removal of an illegally parked vehicle by towing and impoundment. The existing suite tenants are all required by the Strata to park within the lot boundaries of the dwelling unit that contains a secondary suite.

With respect to the "no egress/ingress Impediment provisions" of the covenant and as well the related "no on street parking prohibition" the Strata council has entered into a contract with All-Ways Towing Company, Victoria. A copy of the contract is attached to the application. It provides for the removal and the impoundment of offending automobiles. Also included with the application is the snow removal plowing contract that the strata has in place with respect to the covenants' requirements for no impediment as to egress and ingress.

Bazink acknowledges it has taken a long time to submit this rezoning application. It is certainly in excess of the initial nine-month timeline communicated to the lot owners. On behalf of the group of owners whom Bazink represents, thank-you to the staff and members of View Royal's Council for their patience and cooperation in the preparation of this rezoning application.

We thank you for your consideration of this request.

Yours Truly

Bazink Solutions Inc.

Per John R. Basey QC

Encls.