Letter from Residents Re: Covenant EK061366 - Meadow Vale Drive

Re: Covenant EK061366 — Meadow Vale Drive/Riverside Ridge Subdivision

We the undersigned residents of View Royal own properties on Meadow Vale Drive, located in the Riverside Ridge subdivision off Highland Road. We request a meeting with you to discuss the removal of Covenant EK061366 (Attachment A) which encroaches large portions of our backyards.

The terms of the covenant states all land within its boundaries are not to be built on and must be kept in its natural state. However, in 1996 the Town of View Royal authorized the development and engineering of all of the ten lots listed within the covenant, prior to residential structures being built. This development ultimately contravened the covenant as all of the natural vegetation was removed. Also during construction of this subdivision decks, patios, landscaping and fences were installed and have remained for twenty years now.

In 2007, the Town commissioned an Environmental Consultant, Dr. Ray Halladay, to conduct a comprehensive survey of the covenant on Meadow Vale Drive and submit a report outlining his findings, observations and recommendations (Attachment B). In his report, Dr. Halladay determined all of the self-sustaining native vegetation was lost due to impacts of development, the covenant cannot be restored to its natural state, and went on to inform the Town of all of the structures and landscaping that now reside within the covenant.

In conclusion of his report, Dr. Halladay recommended:

“The Town should remove the natural area covenant registered against all lots along the east side of Riverside Drive and Meadow Vale Drive that adjoin Thetis Lake Regional Park following consultation with the property owners affected and with their agreement.”

This consultation with property owners never took place. Nevertheless, Deb Becelaere, Engineering Technologist with the Town informed one property owner that “View Royal is well aware of what has been built within the covenant area and that the natural vegetation has long since been removed. In fact, View Royal considered lifting the covenant but, unfortunately, there was no money in the budget to do so.” As no action was taken, View Royal chose to accept the current condition of the covenant area including the rock walls, landscaping, swimming pool, sundecks, stairways, fences and hedges.

Now our properties are aging and it is becoming increasingly necessary to conduct repairs and improvements within our backyards. In many cases, we could be facing liability issues if we are unable to do so. We would like to be able to work within the bylaws and standards regulated by the Town, yet how can we expect to be awarded permits to do so if our applications are denied because of a covenant that is no longer viable?

Mr. Mayor, as privileged property owners within the beautiful Thetis Lake park boundaries, we are all responsible stewards of the environment and, in fact, have chosen to live in our neighbourhood because of the incredible natural setting it offers. We are proud to call View Royal our home and we want to continue to do so for many years to come. We would never wish to jeopardize the quality of this environment. The state of our backyards has existed as such since the development of this subdivision and has never caused a harmful effect on the environment (as substantiated in Dr. Halladay’s report).

Granting the removal of this defunct covenant is also in the Town’s best interests. This act would allow your constituents to be able to keep their properties well maintained and aesthetically pleasing, thus increasing property values and lowering the risk of liabilities. Increased values equates to increased tax revenue. It also supports more accurate regulation by the Town in administering permits. Most importantly, property owners can enjoy a relationship with our local government that is both positive and supportive.

We look forward to having your office contact our spokesperson Tim Walzak at so we can schedule a meeting with you in this regard, as soon as possible.

Sincerely,

• Karen Duch, 1927 Riverside Drive (Lot 8)
• Brett & Becky Poulin, 2287 Meadow Vale Drive (Lot 11)
• Glenn & Gail Ormiston, 2275 Meadow Vale Drive (Lot 12)
• Bruce & Shirley Florence, 2263 Meadow Vale Drive (Lot 13)
• Roman & Renny Yue, 2251 Meadow Vale Drive (Lot 14)
• Michael & Tammy Brissette, 2239 Meadow Vale Drive (Lot 15)
• Barry & Suzana Kalyn, 2227 Meadow Vale Drive (Lot 16)
• Ray & Candy Little, 2215 Meadow Vale Drive (Lot 17)
• Tim & Cecilia Walzak, 2203 Meadow Vale Drive (Lot 18)
• Mark & Sandra Hoole, 2187 Meadow Vale Drive (Lot 19)

Attachments (2)