City will back Hamilton Mountain residents in opposing its own committee’s decision

The city plans to argue against an approval one of its own committees granted for a duplex on the Mountain because dissenting voices were shut out of a virtual meeting.

The unusual challenge before the provincial land-use tribunal comes after technological glitches prevented residents who objected to the East 11th Street homeowner's plan from joining a committee of adjustment session last month.

That has rankled Coun. Esther Pauls, who encouraged her constituents to register their concern during the Feb. 18 meeting.

I assured them that they would have a voice," she told fellow councillors this week.

Pauls said she tried to intervene, but the nine-member citizen committee that handles applications for land severances and minor variances pressed on with an approval, nonetheless.

We all know that we have problems," the Ward 7 councillor said, referring to the technological hurdles that have hampered other city meetings during the COVID-19 pandemic, but that shouldn't have happened."

Other city officials agreed, noting the provincial Planning Act requires supporters and dissenters alike to have their voices heard during committee of adjustment meetings.

As such, during Tuesday's planning committee, councillors directed legal counsel to oppose the approved minor variance for the East 11th Street home at the Local Planning Appeal Tribunal (LPAT).

That city representation will bolster an LPAT appeal the city received from objecting residents on March 10.

We want to make sure that the LPAT is aware that the residents were not able to articulate their concerns at committee of adjustment, which is their right to be able to do," Coun. John-Paul Danko told The Spectator.

Danko, who's planning committee chair, said he expects the city's appeal to be handled with in-house legal staff but hiring outside counsel is possible.

The committee of adjustment, which is largely responsible for its own workings, relies on a city secretary to administer its business and staff to weigh in on applications.

Danko notes the committee carries out a really important function" in considering a range of applications, including for decks, garages, sheds, parking space and additions.

But it has a huge workload" after a months-long pause during the pandemic.

It's really fast-paced, and I think they're feeling the strain of catching up to where they should be."

Frustration over tech issues that delayed proceedings for several minutes was evident during the Feb. 18 meeting that had an agenda featuring 32 applications.

Secretary Jamilla Sheffield apologized to waiting committee members for the delay in solving software challenges, noting she was down a staff colleague.

It's all me, so it might be a little slower than usual," she said as distorted voices talked over one another in the background.

After some difficulties, Pauls managed to join the meeting to say residents would soon explain why they opposed the minor variance to allow a second suite in the East 11th home, the first application on the agenda.

You'll hear them and I'm happy you can understand once you hear from them."

But none were able to voice their concerns, except for one.

We have letters from all of them and we've seen these before, so their concerns are on the record," chair Mark Dudzic reasoned, before inviting the proponent to make her case.

At their core, the arguments against her plan to turn the home into a duplex centre on concerns about parking congestion on the narrow street and a changing neighbourhood fabric as single-family residences are converted into multi-unit dwellings.

On Tuesday, planning director Steve Robichaud said the committee of adjustment should have deferred the discussion amid the technological problems.

He noted a snow day" during a non-pandemic, in-person meeting would have warranted such a response to allow for participation at a later date.

But in the case of the East 11th application, that didn't happen, and consequently, the shutout residents had no other choice but to appeal the committee's decision," Robichaud said.

He and other senior staff plan to attend a future committee of adjustment meeting to advise the chair and members on what should happen if tech headaches pop up gain."

Coun. Brenda Johnson said she watched the fiasco unfold in real time. It was not done well. It really did dismiss them and I felt embarrassed by it."

Danko, meanwhile, told The Spectator staff are aware of the shortfalls" of the committee and working to make sure they have the support that they need."

That could involve assigning a city clerk to help out, he said.

But Danko noted virtual meetings during the pandemic have been trying" for all, not just the committee of adjustment.

It's not the most straightforward thing as you might think it would be."

Teviah Moro is a Hamilton-based reporter at The Spectator. Reach him via email: tmoro@thespec.com