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Board of Variance
Board of Variance
"As Revised" 2009"
Establishment and Authority
The Board of Variance is an independent appeal body established by authority of the Local Government Act of British Columbia. Where a local government has adopted a zoning bylaw, it shall by bylaw, establish a Board of Variance, under Section 899 of LGA (see Bylaw No. 3105). Members of the Board serve without remuneration.
Composition
The composition of the Board of Variance, as set by the Act, is as follows:
1. Voting Members
The voting members shall consist of five members appointed by Council. The five members of the Board appoint a Chair from their number.
2. Non-Voting Members
Under the direction of the Corporate Officer, the Assistant to the Corporate Officer is Secretary to the Board of Variance.
Duties and Responsibilities
The Board is confined to considering variances of the zoning bylaw that will not impact adversely upon a policy decision or change the intent of a bylaw adopted by Council.
The Board shall hear and rule on complaints dealing with the interpretation of the zoning bylaw and the Board may grant variances in siting, dimensions or size requirements where the applicant can show undue hardship. In addition, the Board of Variance may grant a variance under Division (4.1) of Part 28 ( Protection of Trees) other than those sections specified under Section 262 of the Act, (Jurisdiction of the Board of Variance), Section 989(1)(c), in an area zoned for agricultural or industrial use, and Section 970(8) where it has been alleged that the Building Inspector has erred in determining the extent of damage of a non-conforming structure.
Procedures
The Board of Variance meets on the first Thursday of every month, provided there is an application to hear. Applications to the Board of Variance shall be in writing on the form provided by the Bylaw. The cut off date for applications shall be thirteen days prior to a meeting. The Board will hear from the applicant, along with any affected neighbors, in determining their judgment.
