News & Updates

Appealing a City Decision (series 3 of 3)

Posted on: February 11, 2021

Organizing your thoughts and using your time effectively

“Please note that when your name is called, this is your opportunity to speak; however, you are not obligated to do so.”

When people come to a hearing, the city administration has usually written a report containing arguments as to why they support or oppose the project as an administration.  Care should be taken to read the report and accurately reflect the arguments and preparation is needed to position your counter arguments in relation to them.   With that said, I’ve seen successful arguments made that are simple, clear, and get to the point in less than three minutes and I’ve seen a long fifteen minute persuasive essays. All styles can be equally persuasive and convincing. 

Whatever your presentation style organizing your time effectively is important.  So do read the city administration thoroughly so you are not guessing at what is at issue. Oftentimes people begin to argue against items that could be clarified by reading the administrative reports.  Worse, they sometimes start arguing against the process itself.  While Councillors may have sympathy in reform of the public hearing process that is not at issue during a specific appeal on a subject property. 

What is at issue in the hearing is oftentimes simply this:

(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.

The public service will follow the above issues within their report.  In organizing your time consider the impacts on your property and others properties; e.g. “I won’t be able to get out of my garage”; “there will be no place for snow to be stored in the back lane”;  or why you agree and or disagree with administration and further what you would like to see in terms of alternatives. “the building is near bus rapid transit, it allows for a car co-op space, so it asks for a variance on parking”

Who lives, or if they rent or own is not important.  Please do not engage in rental prejudice.  In almost every appeal I sit at as Chair I’m requesting people refrain from prejudicial statements regarding renters.  Comments such as “renters will stare at me”, “throw cigarettes from their balconies”, and “not take care of their property” are prejudicial statements that do not have a place in a public hearing. 

It can be important to consider questions and unanswered questions and draw conclusions of what they can mean or to consider the available information you have or don’t have to shed light on your positions.  As a presentation style, it can be effective to question rhetorically, however don’t expect a back-and-forth exchange, that is not what the time is for.

Best not to ask a series of questions when it’s your time to present.  It is fair to have questions, however, consider requesting councillors to ask them on your behalf to administration.  Many times, councillors will oblige if they think they are relevant or will add clarity or educational value or echo some they have themselves. 

Generally the time allotted is a reasonable amount of time to get across arguments and review information, and materials presenters have.  Extensions are sometimes granted by committee and it is possible to ask for a short extension should you find yourself nervous and running out of time.  In my experience, they are not usually when people are belabouring or circling around and back to a point they have already made.  Time extensions are granted for technical difficulties, and if committee members interrupt. 

Do request more time if you need it; if it is your first time presenting or your presentation goes slightly over the time allotted it is fair and appropriate to ask to finish.  However, don’t request more time to belabor or circle around to your main arguments repeatedly.  Some repetition can be good, but circling around again and again risks taking away from your arguments.

It is best to maintain decorum, and concentrate on the problem and not the people.  Appeals can be frustrating, even shocking at times.  There can be passions on all sides.  Everyone can get upset over the sustained conflict that is an appeal process. 

It is best not to threaten or call into question others’ professionalism.  It is best to concentrate on the problems and not the people.  This includes future residents of those that are going to live in the proposed building.  This reminds me of a story from a family who had built a home facing much opposition, and were still feeling badly when this Councillor came around with ‘sensitive design/protective ward voice platform’ during the election.  It is important to remember we are all Winnipeggers, and all potential neighbours.

Information on public hearings, including appeals on development applications can be found here:  

The website including PDF document describing the process can be found here

 

 

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