99 Island Road – Will approving this request put all Oak Bay Heritage at risk?
Reported to be on Council Meeting Agenda at 7:00 pm - Monday, May 28, 2018
The District of Oak Bay has been asked to consider a demolition permit for a Rattenbury and Maclure-designed Heritage House at 599 Island Road. It was constructed over 100 years ago shortly after Rattenbury's success with the Empress Hotel. Rattenbury was by then BC's leading architect, having also designed the Parliament Buildings and the Vancouver Courthouse.
The all-stone exterior of this house is rare and the slate roof is one of only three remaining in Oak Bay. Some of the features include original interior detailing throughout including: fireplaces with brass-pipe venting and original tiles; fir panelling and beams; cedar trim and Australian mahogany floors. The specifications dictated that the walls were to be constructed of split granite from boulders on site. (See Pictures Attachment #1)
There is a covenant on title in favour of the Municipality preventing demolition. It was a condition based on the original grounds’ being subdivided into ten strata-titled lots. The new owner from Vancouver says the building is seismically unsafe and has provided some support for this finding. The Heritage Commission has considered the application and voted unanimously to recommend that Council deny the demolition request.
The concerns are:
However, there are so many questions to consider on this application. The Community should pay special attention and if these are asked, how should they be answered:
Oak Bay Watch's Perspective
As stated in previous newsletters, there has been considerable anxiety about how lightly some Councillors have dealt with demolitions, even those taken down without permits. The penalties for serious bylaw infractions are grossly insufficient. Councillor Braithwaite has been unsuccessful in getting Council to prioritize the strengthening and extension of penalties. Since the covenant was originally agreed to based on allowing subdivision and defining limited further development, there is all the more reason to enforce it. Our understanding is that in these circumstances a court action would almost surely favour Council and Oak Bay residents.
This Council has entered into 2 legislated heritage subdivision agreements recently: are these agreements likely to be as lightly regarded by the owner as this one appears to be?
This situation also calls into question the practice of Council’s allowing developers to hire their own “experts” who provide reports that favour approval of the requested development. This practice is called “expert shopping” and the new Provincial Government is in the process of ensuring neutral, independent assessment.
We are certainly alarmed by this attempt to demolish such a valued and cherished heritage residence and fully support preserving selected heritage properties. However, Council has been remiss in not exploring ways to protect all of Oak Bay’s heritage - not just saving the occasional house or one street at a time. The Official Community Plan is committed to this principle unfortunately many Councillors are not.
Time for a Change
-----------------------------------------------------
*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.
ATTACHMENTS - Pictures of 599 Island Road
Reported to be on Council Meeting Agenda at 7:00 pm - Monday, May 28, 2018
The District of Oak Bay has been asked to consider a demolition permit for a Rattenbury and Maclure-designed Heritage House at 599 Island Road. It was constructed over 100 years ago shortly after Rattenbury's success with the Empress Hotel. Rattenbury was by then BC's leading architect, having also designed the Parliament Buildings and the Vancouver Courthouse.
The all-stone exterior of this house is rare and the slate roof is one of only three remaining in Oak Bay. Some of the features include original interior detailing throughout including: fireplaces with brass-pipe venting and original tiles; fir panelling and beams; cedar trim and Australian mahogany floors. The specifications dictated that the walls were to be constructed of split granite from boulders on site. (See Pictures Attachment #1)
There is a covenant on title in favour of the Municipality preventing demolition. It was a condition based on the original grounds’ being subdivided into ten strata-titled lots. The new owner from Vancouver says the building is seismically unsafe and has provided some support for this finding. The Heritage Commission has considered the application and voted unanimously to recommend that Council deny the demolition request.
The concerns are:
- It is well known by now that the Mayor and his supporting Councillors favour development.
- It appears the demolition Permit is going straight to Council thereby bypassing Council’s Committee of the Whole where much more resident input is allowed.
- Enforcing the covenant, and in this case preserving a part of Oak Bay’s Heritage, rests entirely on Council’s shoulders.
However, there are so many questions to consider on this application. The Community should pay special attention and if these are asked, how should they be answered:
- Why, after a hundred years, is this well designed and well built house suddenly unsafe?
- When was it last occupied and did all previous owners live under the threat of the house tumbling down on them?
- How many other hundred-year old houses in Oak Bay are in jeopardy?
- What are the owners’ plans for new construction considering the zoning bylaw still remains uncorrected?
- Were the new owners informed by their realtor according to the usual disclosure rules, about the condition they now say is hazardous?
- In the conveyance process did their lawyer/notary not advise that the title was burdened by a covenant and provide them with a copy?
- Council has just approved a Beach Drive Heritage Restoration Agreement for a 4-lot subdivision based on retaining a similarly aged Rattenbury and Maclure designed house. Isn't it just as likely to fall down after Council has allowed so much additional development?
- Many small houses in Vancouver are being sold for much more than the two and a half million dollars paid for this heritage property, and that this property is now marketed far and wide and offshore, are we likely to get a run on demolishing all of our heritage properties - most without covenants?
- Is it possible that the new owners were aware of all these considerations but took a chance knowing that the majority on Council have favoured development and could likely be persuaded to break the covenant?
Oak Bay Watch's Perspective
As stated in previous newsletters, there has been considerable anxiety about how lightly some Councillors have dealt with demolitions, even those taken down without permits. The penalties for serious bylaw infractions are grossly insufficient. Councillor Braithwaite has been unsuccessful in getting Council to prioritize the strengthening and extension of penalties. Since the covenant was originally agreed to based on allowing subdivision and defining limited further development, there is all the more reason to enforce it. Our understanding is that in these circumstances a court action would almost surely favour Council and Oak Bay residents.
This Council has entered into 2 legislated heritage subdivision agreements recently: are these agreements likely to be as lightly regarded by the owner as this one appears to be?
This situation also calls into question the practice of Council’s allowing developers to hire their own “experts” who provide reports that favour approval of the requested development. This practice is called “expert shopping” and the new Provincial Government is in the process of ensuring neutral, independent assessment.
We are certainly alarmed by this attempt to demolish such a valued and cherished heritage residence and fully support preserving selected heritage properties. However, Council has been remiss in not exploring ways to protect all of Oak Bay’s heritage - not just saving the occasional house or one street at a time. The Official Community Plan is committed to this principle unfortunately many Councillors are not.
Time for a Change
-----------------------------------------------------
*******Please help us continue to provide you with information about Community concerns and Council decisions and actions. Oak Bay Watch members also help community groups with their specific development concerns. Donate to Oak Bay Watch - even $5 or $10 dollars provides expenses for door- to- door handouts and helps us maintain our website. Oak Bay Watch is committed to ensuring the Community gets the full range of information on budget, governance and all key development issues – a well informed opinion cannot be made without this.
(Please use Donate Button at bottom of oakbaywatch.com Home Page)
Keep informed please sign up for our newsletter – bottom of Newsletter Menu Item.
ATTACHMENTS - Pictures of 599 Island Road
