Part 2: You are registered Now what?: Understanding the Appeals Hearing: Process and Procedure
Now that you know how to register as a delegate, let’s look at understanding how the appeal will flow in terms of process and procedure.
City Councillors take turns sitting as an appeal body rotation. The City Staff, including Senior Committee Clerk's do their best to do their duty to ensure the appeal has integrity of process.
Taking part in appeal is tireless and oftentimes described as thankless work of community members. People come to discuss applications, from across the city for me, this is the most inspirational part of sitting in appeal rotation: people coming to protect the vision they have for their streets, their neighbourhoods and their city.
Usually the arguments heard for and against in appeal, concentrate on why a particular building proposal fits or does not fit in the existing physical context of an area. Oftentimes staff and appellants alike, identify a number of issues with the proposal, including appropriateness of the building on the site; considerations of the size, shape and height, or how it relates (or doesn’t relate) to the street, back lane or surrounding area.
Comments oftentimes also include the green space like the setbacks that allow for front, side and back yards and how that relates to the green space and yards of adjacent neighbouring properties on the street. If the development will mean a reduction of the urban canopy or loss of a tree, or an arborists report, this is also frequently mentioned. Other considerations include design like the consistency the building has with the surrounding area in terms of its design. Does it feel like a natural fit? or extension of the already existing? This is especially true for mature communities that are found in Fort Rouge East Fort Garry ward.
The city has guidelines for developers to assist them in considering consultation and public engagement. As a councillor I'm concerned when applications are filed with the city when there has been no consultation prior to the submission. While I believe in community consultation, I think the consultation should be scaled on the development. A modest change requires a modest consultation. A large change, requires a more robust level of consultation work. To review the consultation guidelines provided to developers in Winnipeg please see here.
The Hearing
The main instructions you will hear the clerk say in the beginning of the hearing details not only the order of what will happen in the meeting, but also the sequence of events in which they take place.
Depending on what you are registered to do in the hearing is the order in which you will speak; if you are the applicant you are heard first.
Here is what you can expect:
- The Chair will do a Winnipeg treaty acknowledgement, introduce committee members and quickly pass the meeting to the Senior Committee Clerk to open the hearing by reading the address. They will ask the appeal body if they would like a summary from the Administration;
- The public service usually reads a brief summary and gives their main arguments as to why they supported or declined an application for development or suggested alterations to the development;
- Then the clerk calls on the registrants:
“The applicant (and/or designate) is heard first”;
“Followed by those in support of the application”;
“Next, those registered in opposition are heard”,
“Followed by those registered for information”. - Following the first round of registered speakers, councillors can ask clarifying questions from administration.
- Following this,“ the applicant may return if he/she so desires, and speak in rebuttal.”
- Councillor moving motions is the last step. First moving that the public representation time is concluded;
- Councillors consider a motion put forward by a member in the appeal body. (repeat this as necessary, more than one motion may be considered and debated.)
- Councillors debate and are advised to put words on the record why they are supporting the appeal;
- Councillor moves to close debate and the public hearing for the matter and quickly move onto the next item.
Appeals usually take a minimum of forty minutes to three hours depending on the complexity and the amount of applicants in support and against appeals.
The appeal will end with a variation on these motions:
Moved by Councillor (......)
That in accordance with Subsection 247(3) of The City of Winnipeg Charter, the Variance,
(a) is/ is not consistent with Plan Winnipeg, and any applicable secondary plan;
(b) does/ does not create a substantial adverse effect on the amenities, use, safety and
convenience of the adjoining property and adjacent area, including an area separated from
the property by a street or waterway;
(c) is/is not the minimum modification of a zoning by-law required to relieve the injurious effect
of the zoning by-law on the applicant's property; and
(d) is /is not compatible with the area in which the property to be affected is situated.
Supporting Comments:
The supporting comments usually are justification of the motion. They are a few short paragraphs.
Moved by Councillor that the appeal be allowed / allowed in part / denied and Order DAV 197684/2020C be confirmed / cancelled.
Moved by Councillor (....)
That the decision of the Director of Planning, Property and Development be / not be concurred in.
Moved by Councillor (....)
That the public hearing with respect to this appeal be concluded