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Monk’s dream turns into court battle

For more than a decade, Le Thuan has made the large property at the very end of Royal Oak Avenue his tangible and spiritual home. The Buddhist monk, originally from Vietnam, has lived at 8708 Royal Oak Ave.
monk
Le Thuan bought the large 7.4-acre property on Royal Oak Avenue 13 years ago in hopes of one day building a Buddhist temple for his congregation.

For more than a decade, Le Thuan has made the large property at the very end of Royal Oak Avenue his tangible and spiritual home.
The Buddhist monk, originally from Vietnam, has lived at 8708 Royal Oak Ave. for 13 years, and the signs of his beliefs adorn the 7.4 acre piece of land.
A large alter sits at the back edge of the driveway. More statues of Buddha can be seen in the window of the house at the front of the property.
It was Thuan’s intention after he bought the property to build a meditation centre or temple on the site for the Vietnamese Unified Buddhist Congregation of B.C., for which he leads.
Over the years, he built several additions to the property including a temple and two dining halls.
In all, he spent about $300,000 on additions, raised by the congregation he estimates to be between 300 to 500 people from around the Metro Vancouver.
And in the summertime, the land is used as a blueberry farm bringing in a small amount of income.
But his plans have now ended up in court following a lengthy battle with the City of Burnaby.
Last week, the city filed a petition against the congregation and the property owner claiming a breach of bylaws.
The municipality is seeking a permanent injunction that the owner cease occupancy of the existing home and the unpermitted additions and the owner get a demolition permit to tear down the structures.
According to court documents, the city claims the owner built numerous additions to the property between 2002 and 2014 without any permits.
In January, the city conducted an inspection of the property and identified numerous health, bylaw and safety infractions related to the unpermitted additions.
Following the inspection, documents note the city shut off the power to the property pending the completion and approval of the required repairs.
The issue for Thuan, his property is located in the Agricultural Land Reserve and a temple is not permitted use. In March, he applied to the Agricultural Land Commission to subdivide the property for non-farm use, but the city refused to support the application.
In the meantime, Thuan got a lawyer and listed the property for sale. But there have been no takers.
In a recent listing, the property was selling for $9.9 million and described as the “only big piece of land left for sale in Burnaby.”
The 58-year-old monk has decided to shelf his plans for a temple, but is critical of how the city has handled the situation.
He admits he built the additions without a permit, but said the city has been “heavy handed,” noting power to the house was cut.
Thuan, who came to Canada as a refugee in 1989 to escape religious persecution, questions whether a group putting up another religious building like a church, would be under the same scrutiny.
“In Canada, it’s a good country to live, they protect the environment and animals, how about humans?” he asked, adding he and his congregation are respectful and peaceful.
But the court petition filed by the city suggests Thuan continues to flout the rules.
Documents claim the homeowner began demolition of some parts of the unpermitted additions in the summer, but did the work without consulting the city or getting a permit.
The city also said it learned in September Thuan and some monks continued to live in the home and use one of buildings as a place of worship despite the “do not occupy” notices.
The court documents also claim there have been several back-and-forth discussions this fall between the city, the property owner and his lawyer on how he could bring the property into compliance, including approving a time extension to meet the requirements, before commencing legal action.
The petition noted to date, the owner has taken some, but failed to take all the steps necessary to bring the property into compliance.
Thuan, who insists he doesn’t live on the property but tends to the land on a daily basis, said he wants to move back home at some point, once the power is restored.
He said he’ll resubmit plans in a few years, adding he’d eventually like to build a nursing home on the property for the Vietnamese community.
“Someday, I hope someday,” he said.