902 Foul Bay Litigation Defence

We need your support to help protect the character and tree canopy in our  Gonzales community.  Many pedestrians and cyclists share our love for the wonderful mature trees in our neighbourhood which would be forever diminished by a proposed development at 902 Foul Bay Road–bounded by Quamichan and Redfern Streets.  While we welcome development and densification, there is no reason why it cannot be respectful and in harmony with our community.

Aryze Developments Inc. is planning to build an extensive 18-townhouse complex on this single-family, heritage-designated site.  The lot is a beautiful Garry oak meadow upon which a heritage home used to sit until it was lost to fire while owned by a previous developer.   Aryze proposes to remove 27 trees including two large heritage Beech and 60% of the protected Garry Oaks. The mature trees are not only beautiful—they play a significant role in climate change by sequestering carbon, storing water during heavy rain events, and cooling the earth.  They also provide food and housing for countless birds, mammals, and pollinators.  The City will not protect these trees notwithstanding its "protected trees" bylaw and the mayor's stated policy to make trees a priority.  It seems that densification is paramount. The Aryze proposal also provides limited onsite parking:  which will impose street congestion and hazardous traffic flow  on what is currently a safe, pedestrian-friendly street. The project is being marketed as "affordable housing" yet a minimum combined family income of  over $ 155,000 will be required to qualify which is at least double  the amount stated in  City of Victoria's approved policy on Affordable Housing.

There is a legal restricted-use clause registered on the property (“restrictive covenant”), which prohibits the construction  of anything other than a private dwelling (single family home).  Aryze, through its investment partner, has started a legal action by way of a Petition  (law suit) against over 100 neighbours, in the Supreme Court to remove the restrictive covenant.  Only 12 were actually named and some of them personally served. The others were "notified"  via an advertisement in two free newspapers, and that advertisement did not identify street addresses, or specify the details of the covenant.

In other words: Aryze tried to notify as few people as possible so they could eliminate the  possibility of any opposition.
But, some of our neighbours have hired a lawyer to stand up to this developer's conduct, and are opposing the removal of the covenant, in order to stop a development not in keeping with the current character and zoning of our neighbourhood. 

If you love our beautiful, treed and charming neighbourhood,
and want to stand with your neighbours fight  against oppressive conduct,
you can help by contributing funds to help finance this defence.

You can contribute directly by e-transfer to the mail address below or
to Alan Loomer.
 
For more information please contact:

Alan Loomer

‭(250) 592-1934‬
1949 Quamichan St.

alanloomer -at -gmail.com

Donations

 See top
  • Terri Wershler 
    • $25 
    • 3 d
  • Tom Meyer 
    • $300 (Offline)
    • 4 d
  • Anonymous 
    • $300 (Offline)
    • 10 d
  • Anonymous 
    • $100 
    • 17 d
  • Anonymous 
    • $50 
    • 27 d
See all

Organizer and beneficiary

Peter Nadler 
Organizer
Victoria, BC
Alan Loomer 
Beneficiary
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