A Guide to requesting
relaxation to a Bylaw with the Board of Variance
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PDF format.
About the Board of Variance
The Board of Variance is an appointed 3-member board established by
Council. The purpose of the Board of Variance is to allow for
relaxations to Zoning requirements, based on the requirements causing
undue hardship.When
you can apply
The Board of Variance only looks at cases where complying with a Bylaw
will cause undue hardship. Of these cases, the Board of Variance is
restricted to cases involving: siting, dimensions or size of a building
or structure, siting of a manufactured home in a manufactured home park,
trees, structural alterations/additions to buildings with a
non-conforming use and subdivision servicing requirements for
agricultural or industrial use.
What to do before you apply
Step 1: Determine
if you are suffering a hardship and are eligible to apply.
As the scope of the Board of Variance
is limited, it is best to speak with Staff to help determine if you can
apply to the Board of Variance. We can help determine if your
application to the Board is appropriate.
Step 2: Begin
to prepare your application
What you need to submit an
application
A complete application includes a written description outlining the
application, State of Title Certificate, a site plan illustrating
existing and proposed development and what the Bylaw you want to vary
requires. The site plan should include all the same items listed on the
site plan checklist for a Development Variance Permit (See site plan
checklist).
In the case of appealing a decision
already made on a Development Variance Permit, a letter requesting the
appeal and request that the Board of Variance consider the application
is required.
What happens to your
application
Staff will review the complete application and will set a date with the
chairman of the Board of Variance. Notification will be sent to all
owners and occupiers of real property within 45 metres of the subject
property. The notice will include the subject, and the place and time
where the application will be heard.
The applicant will receive a letter of
the date and time of the meeting. After the application has been heard,
the Board will make one of the following decisions: approve the
variance, deny the variance or table the application.
The decision is reported to Council.
The Boards’ decision is final. However, appeals can be made if the Board
of Variance makes a decision on an application out of their jurisdiction
(This means that the Board is limited to minor variances based on
hardship only and cannot make decisions on any other types of
applications).
Frequently Asked Questions
How long will it take to process my
application?
Processing times vary. We will try to review the application and set a
meeting date as soon as possible.
Are my neighbours going to be notified?
Yes. All property owners within 45 metres will be notified of your
proposal and can attend the meeting.
Can I go to the meetings?
The applicant is encouraged to attend the meeting, as you will have the
opportunity to present the application. However, the Board will make a
decision in your absence.
What happens if my application is denied?
The Board of Variance’s decision is final on all matters within their
jurisdiction. You cannot appeal the decision.
This publication is
intended to provide general information only. It is not intended to
be used as an official interpretation of the various codes and
regulations in effect.
Updated January 2007
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