Yorkton Council was unanimous in amending a City Bylaw Providing for Establishment of a Development Appeals Board and Zoning Bylaw.
In March, 2010, as a requirement under The Planning and Development Act, 2007 (PDA), City Council implemented a Bylaw providing for the Establishment of a Development Appeals Board (DAB). Since its inception, the DAB has heard over thirty appeals and has proven to be a trusted and equitable tool to re-examine decisions, Raelyn Knudson, Assistant City Clerk, with the City told Council.
“Members of the DAB are appointed to the Board by resolution of City Council for one year terms. They are responsible for applying the policies of The City of Yorkton’s Official Community Plan, the rules of Zoning Bylaw No. 14/2003 and other building standards under The Cities/Planning and Development Act to make a decision of the appeal. There are strict timelines in place for hearing appeals. A small committee membership takes less time to organize, enables them to act quickly and follow a high code of conduct. They are expected to donate a considerable amount of time inspecting properties, reviewing past decisions, and hearing appeals. As such, it is important to allow flexibility in the scheduling of meetings and hearings to ensure a quorum is met,” she explained.
“Currently the DAB Bylaw does not have a limit on how many terms a member can serve as Chairperson. Setting term limits is an opportunity to strengthen the committee by keeping the chairperson focused on their role, knowing the office has an expiration date therefore preventing board-chair burnout. It also aids in the recruitment of new members as term limits allow all members an opportunity to lead and have their voices heard, allowing new ideas and viewpoints to be considered. Employing every member’s strengths will contribute to a higher functioning board.”
The PDA sets out the grounds for an appeal of a decision made by Council or municipal staff.
“Appellants must complete an application form stating the reasons for the appeal, facts to support the reasons and specify the outcome they are seeking. The DAB must then follow requirements to set down the appeal. It is very expensive to administer an appeal hearing, with the average cost being approximately $500. Consultation with City Clerks and Planners from Swift Current, Weyburn, Warman and North Battleford, all identified concerns with the high costs of holding appeals. Recent changes to the PDA allows DAB to charge an appeal fee not exceeding $300. This amount allows for the recovery of more of the associated disbursements such as postage for registered mail, required to distribute decision,” said Knudson.
In summary, the Bylaw is expected to improve the DAB by enforcing the following:
• Allows the Board to choose alternate dates for meetings;
• Sets term limits for the Chairperson office;
• Identifies different reasons for appeal; and
• Enables the recovery of more expenses by increasing the application fee.
