About
As an alternative to applying for a development variance permit, a person may apply to the Board of Variance if they feel compliance with the bylaw would cause them hardship. For example, if an outcrop in a person's yard prevented them from siting the house in conformity with the normal setbacks, a person could apply for a variance.
The British Columbia Local Government Act requires a local government that has adopted a zoning bylaw to establish a Board of Variance. The Board of Variance is a quasi-judicial body which is independent from City Hall. It is made up of five volunteer members appointed by City Council. Elected City officials and City staff are not permitted to sit on the Board.
The Board deals with requests for minor relaxations to the zoning bylaw, and may grant one or more variances where it is persuaded that the present zoning creates an undue hardship unique to the property in question. If a hardship is established, the Board may grant the minimum variance that it believes is necessary to alleviate the hardship. However, the Board may deny the variance request if it feels that the proposed variance would substantially affect the use and enjoyment of a neighboring property, harm the natural environment or defeat the purpose of the zoning bylaw.
The Board also deals with matters regarding additions and structural alterations to buildings with a legal but non-conforming use.
The Board may not grant variances related to land use, density limits, on-site parking or landscaping.
How to apply
To apply for the Board of Variance, you must sign in to your MyCity account. Review the application requirements listed below before you start your application.
Membership
Members of the Board of Variance for the current term include:
- Trevor Moat (Chair)
- Margaret Eckenfelder
- Peter Bretherton
- Rosa Munzer
- Bernie Gaudet
Meeting Time and Location
Board of Variance meetings are being held online. Meetings occur on the second and fourth Thursday of each month at 12:30 p.m. Hearings are generally scheduled to commence every 20 minutes. If you wish to attend a hearing, please email bov@victoria.ca.
Board of Variance Hearings
The following steps outline the meeting procedures:
- At the beginning of each hearing, staff introduce attendees to the Board. The Board of Variance secretary records the meeting, including the names and affiliations of those attending the hearing.
- The Chair explains the meeting procedure.
- All correspondence that has not been provided to the Board in advance of the hearing is read aloud by the secretary at the start of the hearing.
- The Chair invites the applicant to present the proposal. The Board may ask questions of the applicant.
- The Chair invites notified adjacent property owners/occupants to present comments and questions about the proposal. The Chair moderates all discussion between the applicant and attendees.
- Once the applicant and adjacent property owners/occupants have had an opportunity to speak, the Board deliberates the proposal. The applicant and notified adjacent property owners/occupants may remain in the meeting room and listen to the deliberations. However, they cannot participate in any discussion at this stage.
- Once the Board has completed its deliberations, a motion will be made and voted on by the Board members. A motion requires a majority vote to be passed.
- In extenuating circumstances, the Chair may choose to adjourn a hearing to a later date.
- Once a motion is passed, the decision is final and cannot be appealed.
- If the proposed construction is not substantially started within 2 years of the date the variance was granted by the Board, permission terminates and a new variance request will be required.
Can a Board of Variance decision be appealed?
Under the Local Government Act, Part 14, Division 15, Section 542 (4), a decision of the Board of Variance is final.