Board of Variance

Development Variance Permit

You usually apply for a Board of Variance when:

·         there is undue hardship caused by a Zoning Bylaw regulation as to the siting, size or dimension of a building, or the prohibition against structural additions or alterations to a legal non-conforming use;

·         the development is minor in nature;

·         an individual feels there has been an error in judgment by the Building Inspector as to the extent of damage to a non-conforming structure.

You usually apply for a Development Variance Permit if:

·         the development is not considered minor in nature; and or

·         the applicant is requesting relief from a Zoning Bylaw regulation as to the siting, size or dimension of a building, the prohibition against structural additions or alterations to a legal non-conforming use or subdivision servicing requirements in an area zoned for agricultural or industrial use

The process of obtaining a Development Variance differs from that of a Board of Variance.

 What is Undue Hardship?

Hardship is related to aspects of the particular site as opposed to general hardships in the area, or hardships generated by the owner.  Expense is not a hardship.

What is a Minor Variance?

Minor variances are determined by the Board and are not defined in legislation in British Columbia.  Recently, courts have upheld Board decisions where considerable variances from the bylaw were granted.

 What is a Neighbourhood Public Meeting?

 A neighborhood public meeting is an “in-place” meeting held by the owner/applicant to discuss and answer any questions relating to the proposed development or project at a location that will be suitable to accommodate and provide information to all adjacent land owners within 100 metres of the limits of the subject land under consideration.

The applicant is required to submit the minutes and results to the Planning Services Department.

 Who is on the Board of Variance?

 The Board consists of five volunteer members, appointed as follows:

·         two persons appointed by Council

·         two persons appointed by the Minister of Municipal affairs

·         one person appointed by the other four appointees.

 Report to Council

 The report to Council on the proposed development application includes:

•      A full assessment of the proposal under application;

•      A recommendation for the application to proceed or to be denied, and;

•      A notation of any conditions that must be addressed.

 A copy of the report is faxed or mailed to the applicant for their information.  The applicant has the opportunity to present the proposal and answer any questions at the Council meeting. 

Board Meetings and Decisions

Board meeting are scheduled as required to consider applications and are open to the public.  The applicant is encouraged to attend.  Anyone having received notice of the hearing such as interested neighbors may also attend.  The Board decision is made immediately following the hearings.  Decisions can be obtained from the Planner the day after the meeting.  Once the application is received, the Board of Variance is usually able to give the applicant a decision with approximately 14 days.  Decisions of the Bard are final and cannot e appealed, however a court of law can require a Board to re-hear an appeal on the basis of a “procedural error of law” under the Judicial Review Procedure Act.  Further appeal can be made to the Supreme Court.

Final Approval

 If the majority of Council members are satisfied that the proposal is beneficial to the community, and all legal requirements and conditions have been met, Council have the authority to formally approve the proposal under application.  A letter notifies the applicant when the approval is granted and the file is closed.

 Application Process

 Application Process

·         Complete application and submit with fee.

·         Application Received

·         The Planner prepares a report for the Municipal Clerk including:

·         Applicant holds a Neighbourhood Public Meeting

·         Notification to adjacent property owners

·         Circulated for Comments

·         Board of Variance hearing scheduled.

·         Notice of Intent sent to adjacent landowners

·         Proposal presented to the Board of Variance

·         Planner prepares Summary Report relating any letters or information received from the Notice of Intent, results of Neighbourhood Public Meeting to Council for consideration of approval.

·         Verdict from Board of Variance

·         Applicant Notified

·         Applicant is notified of the verdict

·         If approved, Notice of Development Variance Permit registered at Land Titles

·         Application File Closed