Developers, please be aware that there are two different restrictive covenants in our community, and that you would be best served to have your lawyer pull the title on any property you are planning on purchasing for redevelopment, in advance of your offer to purchase. The Rutland Park Community Association does NOT support the removal of these covenants as they maintain the character and scale of our community.
Please be aware that we do NOT support land use re-designation from R-C1 or R-C2 to any higher density land use (unless it is of specific benefit to the community) for several reasons. We have restrictive covenants on all of our R-C1and R-C2 properties.
Our R-C1 lots are restricted to one single family residence– a secondary suite becomes a second residence and thereby contravenes the covenant. We do not support any re-designation which only benefits the owner, as opposed to benefiting the community. In addition, we do not support the removal of these restrictive covenants because they are part of our development guidelines and serve to maintain the character of our community.
Only 12% of the residences in our community are single family homes, and we already exceed the Municipal Development Plan 60 year goal for density in our community– our population remains stable. Twenty eight percent of our properties already permit a suite (R-C2), in case someone is interested in moving within the community to have a suite. The other 60% of residences are all located on higher density properties..
Even if a land use re-designation to a higher density land use is successful, the covenant would need to be removed in order to have a legal secondary suite or additional dwelling units. We do not support the removal of the covenants, and any owner on the same covenant is able to take the contravening owner to Court to have a suite permanently removed and a permanent injunction placed on the property. Please be respectful of the R-C1 and R-C2 properties in our community and the legally binding restrictive covenant attached to each of them.