Board of Variance Appeals
The Board of Variance is an appeal body that hears & decides upo appeals regarding zoning, development permit, signage and tree by-law matters. Board members are appointed by Council, but they are very much independent of City Council. No appointed or elected City official can sit as a member. City committees or Council may provide information to the Board on appeals, but they cannot direct jurisdiction or whether or not an appeal is granted or denied.
An appeal may be filed by the property owner or an agent (general contractor) on their behalf for any of the follow purposes:
- To remove/alter a condition of development application approval or to reverse a decision refusing a development application, where the decision was made by the Director of Planning;
- To reverse/alter a development application decision by the Development Permit Board, to the extent that the decision dealt with matters of “relaxation” of zoning by-law provisions as opposed to the exercise of broader discretionary authority;
- To obtain an exemption from any provision of a zoning by-law affecting the siting, size, shape or design of a building.
- To obtain an approval for:
- re-establishing a non-conforming use which has already been discontinued for 90 days (but not more than 180 days);
- any addition or structural alterations to a building which is non-conforming as to use (eg, one that was permitted when it was established but does not meet a subsequently amended by-law);
- any repairs to or reconstruction of a building which is non-conforming as to use where the building suffers from damage or fire loss (60% or more of its value above its foundation); and
- If unable to obtain a permit authorizing tree cutting or removal, or if unable to comply with the requirements of the Private Property Tree By-law No. 7347.
In order to be considered for an appeal, the Board of Variance by be satisfied that:
- The strict application of the by-law would impose an unreasonable restraint or unnecessary hardship on the use or development of the property;
- The special circumstances giving rise to hardship upon which an appeal is based are unique to the property in question;
- An Official Development Plan would not be disrupted; and
- The appeal is not launched solely to allow the land or buildings to be put to a more profitable use.
The Board cannot permit the use of land or a building which is not permitted under the by-law nor can they prohibit a use of land or a building which is permitted outright under the by-law.
If you wish to appeal the refusal of a development permit application, you must file no later than 30 days after the date of an official decision. Appeals must be filed on the Wednesday of the week, two weeks prior to the meeting at which the appeal is to be heard. A schedule of meeting dates can be found here. The Board may grant extensions for filing an appeal up to 180 days, but you must submit a request for an extension in writing.
The fee for filing an appeal is around $275. Check with your municipality first, as fees do chage from time to time.
Your appeal application must include:
- Property address
- Legal description of property
- Dimensions and area of the site
- Zoning of the site
- Outline of decision or aspect being appealed
- Description of the grounds upon which the appeal is based, including any harship, if any
- Notation of the Section(s) of the Vancouver Charter & by-laws under which the appeal is to be considered (if applicable).
You will also need to submit a set of plans including: site plan, floor plan, elevations, and calculation of floor space ratio, site coverage, deck areas (for residential developments), and numbers of off-street parking & loading spaces. for an appeal against a decision on a development permit application, one set of the refused plans is required.
For further information on the appeal process, please visit City of Vancouver or send an email to Louis Ng, Secretary of the Board.
Tags: appeal refusal of development permit, board of variance, construction, Design Build, General Contractor, permitting, Renovations
