The City of Victoria and the financially strapped Land Conservancy are embroiled in a legal tug of war over the heritage status of Abkhazi Garden.
Upping the ante Friday, Victoria councillors passed two readings of a bylaw, aiming to impose heritage designation on the Abkhazi Garden property at 1964 Fairfield Rd.
The proposed designation includes the house, summer house, garden shed and garden.
While the city says it is correcting a clerical error, it’s a move that surprised The Land Conservancy, which said the action complicates its ability to right its finances and is not legally allowed.
TLC is operating under a court-appointed receiver and is in protection from creditors owed about $7 million. The Victoria-based non-profit society holds about 50 properties and is trying to sell some to pay debts and restructure so it can continue operating.
During this process, governments are barred under federal legislation from taking measures that would affect the value of an asset, such as imposing heritage designation on land, said TLC manager John Shields. Designation would limit what an owner is allowed to build on a site.
Victoria moved unilaterally, Shields said. TLC warned the city Thursday about creditor protection rules.
“They ignored us,” he said. “I don’t know why they rushed to do this without consultation. It really seems out of character for the city to be acting that way.”
TLC is considering court action to block the city’s move, Shields said.
Victoria Mayor Dean Fortin said the city is attempting to protect citizens’ interests. “Abkhazi is an extremely important cultural park within our city, owned by TLC,” Fortin said. “There was huge concern way back when that it was all going to be redeveloped into townhouses, and the citizens were really grateful when TLC came forward and said: ‘Let’s preserve this.’ So we just want to make sure that the preservation of Abkhazi continues.”
TLC bought Abkhazi Garden in 2000. Prince and Princess Abkhazi developed the garden, known for its rare plants, rhododendrons and maple trees. The 1940s-era main and summer houses are examples of modernist architecture.
The problem with documentation dates to 2005 when the city first meant to give Abkhazi heritage status.
In addition to the Fairfield Road property, TLC also owns the abutting property at 507 Foul Bay Rd., which is mostly used for parking and composting. It is for sale.
When the city originally gave Abkhazi Garden protected heritage status, the designation correctly identified the 1964 Fairfield Rd. address but incorrectly used the legal description and registration of the adjacent Foul Bay property.
“They put it on the panhandle parking lot and it’s been that way ever since,” Shields said.
TLC officials had met with city representatives and expected a co-operative approach to resolving issues around its Victoria properties, Shields said.
Old zoning makes it difficult to build anything but a tiny bungalow on the Foul Bay lot.
