Board of Variance

What is the Board of Variance?

The Board of Variance reviews appeals for minor variances where compliance with the City's Zoning Regulation Bylaw would cause undue hardship. It also deals with matters regarding additions and structural alterations to non-conforming buildings. 

Recruitment Update

Thank you to those who applied to participate on the City's Board of Variance. Three candidates appointed by Council to the Board will be notified in October. 

Purpose

The Board of Variance is a quasi-judicial body which is independent from City Council. It is made up of five members appointed by City Council. Elected officials and City staff are not permitted to sit on the Board.

The Board reviews appeals for minor variances where compliance with the Zoning Regulation Bylaw would cause undue hardship. It also deals with matters regarding additions and structural alterations to non-conforming buildings. It does not address matters related to land use, density limits, parking variances or landscape variances.

Time Commitment 

Members must attend 22 meetings a year at noon for a portion of the afternoon (12 p.m. to approximately 2:30 p.m.). Meetings may occasionally go longer into the afternoon. Members must also have the ability and time to visit and examine each site involved in an appeal during the five days prior to the meeting. 

Committee members are to have the following skills and abilities:

  • Can read architectural plans and documents, and be able to visualize the proposal being submitted for review. 
  • Have a basic understanding of the City's Zoning Regulation Bylaw. 
  • Be able to visit and examine each site involved in an appeal during the five days prior to the meeting

About

The British Columbia Local Government Act requires a local government that has adopted a zoning bylaw to establish a Board of Variance. This is a quasi-judicial body which is independent from City Hall. It is made up of volunteer members appointed by City Council. Elected City officials and City employees are not permitted to sit on the Board of Variance.

The Board deals with requests for minor relaxations to the Zoning Regulation 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 Regulation 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.

Board of Variance Hearings

The following steps outline the meeting procedures:

  • At the appointed time, staff will accompany all attendees from the allocated waiting area to the meeting room and will introduce all attendees to the Board. Note: attendees are to sign in when they arrive the waiting area.
  • The Board of Variance secretary records the names and affiliations of those attending the hearing.
  • The Chair will explain the process.
  • All correspondence that has not been provided to the Board in advance of the hearing will be read aloud by the secretary at the start of the hearing.
  • The Chair will invite the applicant to present the proposal.
  • The Board may ask questions of the applicant(s).
  • The Chair will invite notified adjacent property owners/occupants to present comments and/or questions about the proposal. These are to be addressed directly through the Chair. The Chair moderates all discussion between the applicant(s) and the attendees.
  • Once the applicant(s) and adjacent property owners/occupants have had an opportunity to speak, the open public discussion will be closed.
  • The Board will then deliberate the proposal. The applicant(s) and notified adjacent property owners/occupants (attendees) 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 by a Board member and voted on by the Board members. A motion requires a majority vote to be passed. The Chair does not vote on a motion unless the members are evenly divided in the vote.
  • If a motion is defeated, a new motion will be made and voted on.
  • 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. However, 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 Division 15 Section 542 subsection (4), a decision of the Board of Variance is final. There is no process for appeal.

Variances to the Zoning Regulations Bylaw may be requested of City Council by way of a development application. This is separate process and is not associated with the Board of Variance. For more information on development applications for variances, please contact Development Services at 250.361.0212 or bov@victoria.ca

Meeting Time and Location

Due to COVID 19, all Board of Variance meetings are being held virtually the second and fourth Thursday of each month at 12:30 p.m. Hearings are scheduled to commence every 20 minutes. If you wish to attend a hearing please email bov@victoria.ca. 

Agendas

Minutes 

Archived Minutes

City of Victoria Board of Variance Bylaw & B.C. Local Government Act Excerpt