City floats $100 fee to appeal developments
Move follows 'frivolous' submissions, states staff report
Shane Magee
Northern News Services
Tuesday, July 12, 2016
SOMBA K'E/YELLOWKNIFE
Yellowknife city staff recommend council approve a new $100 fee to appeal development permits after receiving what a municipal report describes as multiple "frivolous" submissions.
Bryan Manson led an appeal of the 19-unit public housing development in Niven Lake during a Development Appeal Board hearing June 18 last year, which more than 45 residents also attended. Filing such an appeal may soon come with a $100 fee. - NNSL file photo
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The change is included in a bylaw that goes to council Monday evening for first reading.
When a development permit for a construction project is issued, there is a two-week window that allows people affected by the project to file a free appeal.
In a report provided to city councillors Monday at a municipal services committee meeting, the city's planning and lands department proposed the fee would cover staff time spent on appeals and "temper the submission of frivolous appeals."
"In recent years, there have been a few examples where a development permit has been appealed by dozens of people; however, each appeal application was a carbon copy of the previous or next application," the staff report states.
The proposed city fee would be reimbursed in whole if the Development Appeal Board sides with the applicant.
Bryan Manson, a resident who led an appeal of a housing development last June, is concerned about the potential fee.
"I think that's the city trying to deter people from making any kind of appeal," he said Monday.
Manson and other neighbours had appealed a permit issued to the NWT Housing Corporation for a 19 units of public housing in the Niven neighbourhood last June. The appeal was unsuccessful.
However, he said he felt it would still be worth paying a fee to appeal the Niven housing development. He added if the appeal is successful, no matter how many people file it, it's not frivolous.
The fee is not considered a "significant financial barrier" to an appeal and is lower than the average cost in several Alberta municipalities, the staff report states. The Village of Fort Simpson has a $25 appeal fee.
David Gilday, a member of the Friends of Twin Pine Hill Facebook page, stated in a comment about the proposed fee the city should adjust its appeal process if it's concerned about frivolous appeals.
"Placing a fee on legitimate appeals, those made where bylaws are not being respected by developers or where a person will receive harm as a result of a development, or where the city itself is engaging in dubious permitting, is nothing less that placing barriers to citizens," he wrote Monday. "This 'initiative' is not open government."
At Monday's municipal services committee meeting, no councillors spoke about the fee. It was among others set to increase this year, including a three-per-cent increase to fees to use city recreation facilities. That cost would cover rising labour and other costs of operating the facilities, the staff report states.
However, Coun. Julian Morse said he considered questioning the fee Monday but didn't since it appeared fair compared to fees charged in Alberta. In an interview he's said he's open to hearing from residents about the issue.
"I'm not married to the idea of charging a fee. If residents do have a concern, I'm open to hearing from them," he said.
