Board of Adjustment
The Board of Adjustment is an impartial quasi-Judicial body, consisting of 5 citizen members appointed by Council, that is responsible for hearing applications and issuing Orders for conditional uses and variances as prescribed by the the Board of Adjustment By-law No. 5894/92.
Hearings consist of three member panels and are typically scheduled bi-weekly. The meetings of the Board of Adjustment are regulated by the rules set-out in the Board of Adjustment By-law No. 5894/92, The Development Procedures By-law No. 160/2011 and The Procedure By-law No. 50/2007.
A secretary of the board is appointed by the City Clerk. The secretary of the board is a City of Winnipeg employee and not a member of the board. The secretary is responsible for all administrative functions of the board, including, but not limited to, maintaining the records of the board, processing hearings and decisions of the board, and preparing and issuing the orders setting out decisions of the board.
Prior to a hearing taking place, the city must give notice of a hearing by the board respecting an application for a variance or a conditional use to the applicant and by posting a notice on the property at least 14 days before the day when the hearing is to take place.
At the public hearing, the public is provided with an opportunity to convey their views on an application. All persons who would like to express their views on an application are asked to complete a short "Representation Form" at the hearing. There is no need to preregister. On that form, you are asked to indicate if you are registering in support of the application, in opposition to it, or for information only. By filling out this form you are also ensuring that you will receive notice of the hearing body's decision on the application, and information on how to appeal the decision.
Generally, and unless otherwise directed by the Board of Adjustment, 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. Finally, the applicant may return to speak, should they desire to speak in rebuttal to comments made. No new information may be brought forward during rebuttal.
Please note that when your name is called, this is your opportunity to speak; however, you are not obligated to do so. If you are unable to attend a Public Hearing, or if you wish to submit your comments in written form, you may do so by sending your submission to the City Clerk's Department as follows:
|Mail/In Person:||City Clerk's Department
Susan A. Thompson Building
510 Main Street
Winnipeg Manitoba R3B 1B9
Of further note, the Board of Adjustment may establish reasonable time limits for representations at a Public Hearing. The Board may also decline to hear presentations, questions or objections where the body is satisfied that the matter has been adequately addressed at the hearing.
All representations, verbal or written, made to the Board of Adjustment become part of the public record. If you do bring written materials to support your presentation, please provide a copy to the Clerk for the official record. Submissions to the Board of Adjustment must be received prior to, or during a hearing, and cannot be made following the conclusion of public representations.
After hearing representations, the Board of Adjustment may decide to either adjourn the matter or render its decision.
A Variance/Conditional Use application may be approved or approved subject to conditions provided that it meets the statutory criteria prescribed under section 247(3) of The City of Winnipeg Charterin that it:
|(a)||is consistent with Plan Winnipeg and any applicable secondary plan:|
|(b)||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 the minimum modification of a zoning by-law required to relieve the injurious effect of the zoning by-law on the applicant’s property:|
|(d)||is compatible with the area in which the property to be affected is situated.|
The decision of the Board of Adjustment may be appealed. When a decision is appealed, the City arranges for a new public hearing by the Appeal Committee, which has the option to confirm, vary or cancel the order of the Board of Adjustment.
In the event the Board of Adjustment adjourns the hearing, it generally will announce the time, date and place of the reconvened hearing at the time of adjournment. If not, the City will give notice of this information as though the reconvened hearing were a new hearing.
The board must provide written reasons for its decisions on an application. In accordance with The City of Winnipeg Charter, notice of its decision and information on how to appeal the decision, must be given to the person in respect of whom the decision or order was made, and to those persons who made submissions at the hearing.