Some Edmonton homeowners are trying to take city development into their own hands by limiting where multi-unit homes can be built.
They’re exploring a legally binding agreement called a restrictive covenant, which goes on a property title and limits how a property is used or developed, even after it is sold to a new owner.
Crestwood residents Jasmine Winter and Neil Bourgeois say they’re considering putting one on their home.
“This is a last resort for homeowners,” Bourgeois said.
The pair moved into their home in the sought-after west end neighbourhood a year and a half ago. They chose the established, upscale area as a quiet place to raise their kids.
“Playgrounds, the community, being able to walk to the school was a really big deal for us,” Winter said.
But they say potential development next door could change the neighbourhood feel they bought into.
The City of Edmonton website shows the two lots directly north of Winter’s and Bourgeois’ home have development permits under intake review.
Both applications are for the construction of a four-dwelling row house, with two secondary suites and an unenclosed front porch.
“We’re just not sure that this is fulfilling the needs of the city’s growth and it’s definitely not fulfilling the needs of the community,” Bourgeois said.
One community group is even trying to put restrictive covenants throughout their historic west-central neighbourhood.
The Glenora neighbourhood, which is a century old and one of Edmonton’s most sought-after neighbourhoods, was established in the 1910s with a restrictive covenant in place in some sections called the Carruthers Caveat.
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It was named after the businessman who sold the land the city with the caveat that only single family homes and wide expansive lots be allowed, to maintain his vision of Glenora as a prestigious residential area.
The covenant was registered on some properties in Glenora, primarily on the south side (see map below.)
Now, in a letter posted on its Facebook page, the Glenora Community League is asking for the “support of fellow property owners to voluntarily agree to place a restrictive covenant on title to their property that would prohibit the construction of these large multifamily (sic.) dwellings” on their land.
A Calgary community is taking similar steps.
Real estate lawyer Shane Parker says this is becoming more common.
“The city has a land-use bylaw and zoning where the city seeks to have input and control over the growth and development,” Parker said.
“A restrictive covenant is on the private side, which seeks to do the same thing.”
Parker says it will be hard for existing communities like Glenora to get enough coverage to completely shut out multi-unit homes.
“You may have 1,000 titles without the restrictive covenant. To bind those titles, you would need 1,000 people to agree,” Parker said.
“That may be a challenge. There’s going to be a variety of opinions.”
Andrew Knack is the councillor for the area. He believes the conversation around restrictive covenants represents a tension point for city development.
“Everyone says, don’t expand the boundary of our city, but when it comes to what does the change look like on my block, there’s going to be a variety of opinions,” Knack said.
He hopes potential revisions to the zoning bylaw will alleviate concerns.
“We have to try and find that good middle ground that allows us to address those citywide objectives,” Knack said.
A public hearing on a zoning bylaw is set for June 30.
— With files from Karen Bartko, Global News
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