Sunbury Neighbourhood Association
The following report has been reviewed and endorsed by the Chief Administrative Officer.
A. That the proposed restrictive covenant for tree protection be prepared by the Municipal Solicitor and registered on the title of the subject property.
B. That the legal document preparation fee of $500 for the Restrictive Covenant, and $550 application fee be waived in this instance.
C. That the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development.
The purpose of this report is to bring forward for Council consideration a proposal to register a Section 219 Restrictive Covenant on the title of the subject property, to protect a stand of trees in the north portion of the lot.
Site Description and Context
This 893 m2 (9,613 ft2) site is generally flat and contains a number of trees. The surrounding area is largely two-storey single family residences on lots with frontages of around 21-22 m (69-72 ft).
The owner has volunteered to have a restrictive covenant registered on the title of her property to protect several trees. There are currently 11 trees (3 cedar trees and 8 douglas firs), in the rear portion of the lot. 7 of which would be protected by the proposed covenant.
The trees which would not be protected are 3 cedars, and one Douglas fir. The owner has not submitted an arborist's report on the health or condition of the trees, but has indicated that no trees will be removed at the current time.
The owner has proposed the covenant as a long-term measure to protect the trees on her property. With Delta as a signatory, the proposed covenant could not be discharged without Council approval.
We note that there is limited development potential for the subject property, other than re-construction of a new single family house under the current RS1 zoning, or an addition to the house. The minimum rear setback under the RS1 zone for a principle structure is 9 m (29.5 ft). The trunks of the trees that would be protected by the proposed covenant are located within the required rear setback, but a portion of the drip line of two trees is outside this setback line. Accessory structures can be located 1 m (3 ft) from the rear property line. Without the covenant on title, the construction of an accessory structure such as a shed or a swimming pool would likely impact the trees on the lot.
In recognition of the owner's proposal to protect trees, we recommend that the application fee of $550 and the usual $500 fee for preparation of the restrictive covenant be waived.
The costs to prepare and register the covenant would be borne by Delta.
In recognition of the effort on the part of the owner to preserve trees in Delta, we recommend that the proposed restrictive covenant be approved, and that the Mayor and Clerk be authorized to sign documents associated with this application.
Kip Gaudry, P.Eng.,
Department submission prepared by: Barry Konkin
BK / kc
Attachment A: Survey Plan indicating location of existing trees