HVRA’s role at the Committee of Adjustment, the Ontario Municipal Board, and on zoning issues generally

When applications for variances to the zoning bylaw are made to the Committee of Adjustment, or decisions of the C of A are appealed to the Ontario Municipal Board or there is an application to the City for a bylaw change, there is a role for a good and active Resident's' Association but it may not always be that of leading  a charge either for or against the proposal.   Put another way, there is just not enough time or resources for a volunteer board take on the task of researching and  actively fighting  such matters in behalf of our members.

In general then, we respond to queries and concerns from out members. and over the years HVRA has developed a policy with respect to these matters and it goes like this:

1. In general and in response to our membership, HVRA seeks to inform our members how to frame a case at any adjudication. We may and often do chair public meetings where both our members and the principals in the project may meet and sort out issues and assemble final positions. If the issues are clear cut and the system appears to be working fine, we do not necessarily write or make cause with any party to the application.  If we have brokered an agreement between parties, HVRA will normally write a letter endorsing that agreement.

2. Although, HVRA in general may not be the main player in giving testimony in matters of applications for permits or development, we will from time to time make a case in writing if:
   - the development in question is large enough to have a general effect on more than just a few neighbours
   - there is an over-arching principle that needs to be emphasized at adjudication time
   - or the system appears to be ‘broken’ and the failings of the bureaucracy need to be addressed.

3. For the record, from 2000 to the end of 2009:
   - We have appeared at OMB 8 times and we have been successful 7 times
   - We have appeared at C of A about 35 times on matters we think important to the whole of HVRA
   - In cases such as the Brunswick House or Comfort Zone, we have held public meetings co-chaired by HVRA and the councillor- the object here being to ensure that good process is followed. In essence we put the residents and protagonists in a safe environment where  the neighbours ask the hard questions and let the consensus of the meeting decide the results  It must be emphasized, that the Board does not decide things as much as it facilitates process. But it can advocate once a position has been taken by members and adopted by the Board.  In 2009, for example, when the specific case of the Silver Dollar/Comfort Zone  reached the OMB, HVRA in concert with the neighbours argued vociferously for and achieved severe restrictions on the operation that went some way to alleviate the distress the this business had been  bringing to the nearby residents.

Rory 'Gus' Sinclair

December 2009