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Contents

Introduction

What is The Board of Variance And Parking Variance Board?

Who Can File An Appeal?

What Appeals May Be Filed?

What Does The Board Consider When Dealing with An appeal?

What The Board Cannot Allow

Is There A Deadline For Appealing?

Can The Deadline Be Extended?

Where Are Appeals Filed?

Is there A Fee For Filing?

What Information Is Required For An Appeal?

What Drawings Are Necessary?

How Are Appeals Processed?

How Does The Appeal Hearing Work?

When Might A Hearing Be Adjourned?

What Other Actions May Occur?

How Are Decisions Made?

What Kinds of Decisions Are Made?

Where And When Do Appeal Hearing Take Place?

Can The Same Appeal Be Reheard?

Is there A Further Opportunity For Appeal?

For More Information

Boards, Panels & Commissions

By-Laws, Policies & Guidelines

Development Services Information

Planning Information

How To . . . #4
Appeals to the Board of Variance and Parking Variance Board in Vancouver

Current Board of Variance Members

• Tony Tang, Chair
• Jag Dhillon
• Arminder Randhawa
• Namtez Sohal
• Martha Welsh

2010 Schedule

[*Public Notice: Please contact Louis Ng, Secretary to the Board of Variance at 604.873.7723 (or e-mail: bov@vancouver.ca) for Board of Variance Minutes of current and past Appeals.]

2010 Deadline Submission Dates

Board’s Deadline Submission Policy: Please note that the Secretary to the Board of Variance (Louis Ng @ 604.873.7723) will be accepting Appeal Applications until 3:00 pm on the deadline submission dates listed below.

Note: Board of Variance Appeal Meetings are held in Committee Room #1 unless otherwise noted above.

Introduction

What Is The Board Of Variance And Parking Variance Board?

The Board of Variance is an appeal body that hears and then decides upon appeals regarding zoning, development permit, signage and tree by-law matters. The Parking Variance Board is an appeal body that hears and then decides upon appeals regarding off-street parking and loading. Both Boards consist of the same five members, all of whom are appointed by City Council.

Although Board members are appointed by Council, the Boards are essentially independent of City Council. No appointed or elected City official can sit as a member. Official City committees or Council may provide information to the Board on particular appeals, but they cannot direct the Board on jurisdiction or whether an appeal should be allowed (granted) or disallowed (denied).

The Board of Variance has a Secretary (Louis Ng, 604-873-7723) who also serves the Parking Variance Board. He is available during City Hall business hours to deal with all enquiries concerning appeals.

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Who Can File An Appeal?

Only a property owner (or an agent on their behalf) who is seeking to develop or use their property may file an appeal.

What Appeals May Be Filed?

(a) An appeal may be filed to the Board of Variance for any of the following purposes:

1. 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;
2. 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;
3. To obtain an exemption from any provision of a zoning by-law affecting the siting, size, shape or design of a building, including signage, where undue or unnecessary hardship may result, based on peculiarities in a site or special circumstances connected with a development (e.g., an irregularly shaped lot);
4. 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 additions or structural alterations to a building which is non-conforming as to use (e.g., 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.

(b) An appeal may be filed to the Parking Variance Board to reverse/alter a development application decision by the Director of Planning or Development Permit Board, to the extent that the decision dealt with matters of 'relaxation' of the Parking By-law.

What Does The Board Consider When Dealing With An Appeal?

The Board of Variance must be satisfied that:

1. The strict application of the by-law would impose an unreasonable restraint or unnecessary hardship on the use or development of the property;
2. The special circumstances giving rise to hardship upon which an appeal is based are unique to the property in question;
3. An Official Development Plan would not be disrupted; and
4. The appeal is not launched solely to allow the land or buildings to be put to a more profitable use.

The Parking Variance Board will consider the site/development context, the policy objectives of the parking/loading requirements, and the basis for the decision to not relax the requirement to the extent requested by the applicant.

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What The Board Cannot Allow

The Board of Variance cannot:

1. Permit the use of land or a building which is not permitted under the by-law; and
2. Prohibit a use of land or a building which is permitted outright under the by-law.

The Parking Variance Board cannot vary the regulations/requirements of the Parking By-law. The Board only has jurisdiction where the Director of Planning or Development Permit Board has jurisdiction to relax a regulation/requirement.

Is There A Deadline For Appealing?

Appealing a Refusal:
Yes. An appeal must be filed no later than 30 days after the date of an official decision (Decision rendered by the Director of Planning) if the appeal involves the refusal of a development permit application.

Appealing a Condition of Approval:
Yes. An appeal seeking to delete or vary a condition of development application approval must be filed no later than 30 days after the date of the notification letter of development application approval subject to conditions to be satisfied prior to permit issuance.

Appealing for a Variance:
No. An appeal to obtain a variance from any provision of a Zoning and Development By-law affecting the siting, size, shape or design of a building, or in connection with a building which is non conforming as to use, may be filed at any time.

Appeals must be filed by the scheduled deadlines (by appointment ONLY - no later than 3 PM on the Wednesday) and generally three (3) weeks prior to the meeting at which the appeal is to be heard. A detailed schedule of meeting dates and submission dates can be obtained by contacting the Enquiry Centre or the Secretary to the Board of Variance at (604) 873-7723.

Can The Deadline Be Extended?

Yes, the Board may grant an extension of the time limits noted above for filing an appeal up to 180 days. The request should be submitted in writing – stating the reason(s) for the delay in filing an appeal to the Board of Variance within 30 Days after the decision by the Director of Planning.

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Where Are Appeals Filed?

Appeals will be taken by appointment only by directly contacting Board of Variance Secretary, Louis Ng at (604) 873-7723.

Is There A Fee For Filing?

Yes. Council has approved a $380.00 fee for appeals to the Board of Variance. [Note: appeal fees change from time to time, generally to reflect inflationary increases. See Section 6 of the Miscellaneous Fees By-law (PDF) for the current fee.]

* NOTE: Re-notification fee (10% of the Board of Variance application fee) will be charged, if an adjournment is being requested by the Appellant(s).

What Information Is Required For An Appeal?

A notice of appeal must include the following information:

1. Property address;
2. Legal description of property;
3. Dimensions and area of the site;
4. Zoning of the site;
5. Outline of decision or aspect being appealed;
6. Description of the grounds upon which the appeal is based, including any hardship, if any; and, where applicable,
7. Notation of the Section(s) of the Vancouver Charter and by-law(s) under which the appeal is to be considered.

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What Drawings Are Necessary?

Two (2) sets of plans are required when filing an appeal.  It must include:

1. Site plan, at a scale of at least 1/16" to 1' (1:200 in metric), including northpoint and scale, showing:

• dimensions and area of the site;
• street names;
• size, shape and siting (including setbacks) of all existing and proposed buildings or additions, fully dimensioned;
• all off-street parking and loading spaces, manoeuvring aisles and access driveways from streets and lanes, fully dimensioned;

2. Floor plans, at a scale of at least 1/8" to 1' (1:100 in metric), including northpoint and scale, showing:

• dimensions of all rooms, windows and doors, halls and stairs, and all outside dimensions, including balconies and decks;
• uses of all rooms and other floor areas (finished and unfinished);

3. Elevations, at the same scale as the floor plans, including front, both sides and rear views, showing all additions and exterior alterations; and

4. Calculations of:

• floor space ratio;
• site coverage;
• deck areas (for residential developments);
• numbers of off-street parking and loading spaces.

For an appeal against a decision on a development permit application, one set of the refused plans is required.

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How Are Appeals Processed?

The Secretary to the Board of Variance receives and reviews appeals and checks all information, drawings and calculations. The Secretary will then schedule each appeal for hearing, notify the appellants of the hearing, and prepare the agenda. Before the hearing is held, the Board members view and inspect most sites. In hearing an appeal, the Board may adjourn the hearing for a neighbourhood notification. This allows the neighbouring property owners time to respond and prepare for a reconvened hearing (usually not more than four-weeks later), where the appeal will be considered.

How Does The Appeal Hearing Work?

What happens:

1. The Secretary calls the subject site address (for the record) and invites the appellant to sit in-front of the Board of Variance Members (to present their case).
2. The Chair calls upon the appellant (or representative) to present any further evidence or explanation of the appeal.
3. The Chair then gives the Director of Planning (or representative) an opportunity to be heard.
4. Other persons may then speak in support of or in opposition to the appeal.
5. Question period (Questions from the Board Chair and Members)
6. After all presentations are made and questioning is concluded, the Director of Planning Rep. and also the appellant will be given a final opportunity to speak (final comments).
7. A discussion amongst the Board of Variance Members (Board only) may take place before the Board Chair calls for the vote.

At any time during these proceedings, the Board may question any person who has presented information.

When Might A Hearing Be Adjourned?

A hearing might be adjourned when:

• the appellant submits a written request to the Secretary before the hearing and the Board grants it,
• the appellant fails to appear or, if present, fails to proceed, or
• the Board needs to obtain more information, to determine the effect of the appeal on neighbouring properties (which may require the notification of neighbours), or to seek legal advice.

Adjourned hearings are usually reconvened in four (4) weeks, after the Board Secretary re-notifies the Neighbourhood regarding the appeal.

* NOTE: Re-notification / Administration fee (10% of the Board of Variance application fee) will be charged, if an adjournment is being requested by the Appellant(s).

What Other Actions May Occur?

An appellant may request to the Secretary (in writing) prior to the hearing:

1. To have the appeal dealt with in the appellant’s absence; or
2. To withdraw the appeal (or the appellant may withdraw at the hearing prior to the Board’s voting on the appeal).

How Are Decisions Made?

The Board makes a decision based on a majority vote of the members present at the hearing. In the case of a tie, the appeal is not allowed.

What Kinds Of Decisions Are Made?

The Board may decide either to allow (grant) or disallow (deny) the appeal in total, uphold or reverse parts of the appeal, or modify a decision being appealed. The Board may also attach conditions or restrictions to an appeal. (All appellants should note that any construction work allowed by the Board under an appeal must comply with the Vancouver Building By-law).

In the case of an appeal of a decision that is allowed, the appellant has 90 days to obtain a development permit. In the case of a variance that is allowed, there is a time limit for obtaining a development permit and the Board’s decision is valid for one-year, from the date of the original decision by the Board of Variance.

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Where And When Do Appeal Hearings Take Place?

Where: Committee Room No. 1
            City Hall, Main Building, 3rd Floor
            453 West 12th Avenue, Vancouver
When:  2:15 p.m. every second Wednesday

Can The Same Appeal Be Reheard?

No. The Board will not rehear the same appeal, but may reconsider an appeal if it is based on different grounds or principles.

Is There A Further Opportunity For Appeal?

No further appeal is available except for the potential for judicial review. You should seek legal advice as to the requirements for seeking judicial review.

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For More Information

You can send an e-mail to louis.ng@vancouver.ca, or...

PHONE
BOARD OF VARIANCE / PARKING VARIANCE BOARD
Louis Ng, Secretary to the Board, 604-873-7723

DEVELOPMENT SERVICES
General enquiries on Development and Building 604-873-7613 / 7611
Trades Permits Applications (Plumbing, Gas, Electrical, and Street Occupancy Permits) 604-873-7608 / 7062 / 7052 / 7600
Enquiries on notification and status of Development Applications 604-873-7344
Status of Building Permit Applications, except field reviews 604-873-7611
Subdivision and Strata Enquiries 604-871-6627 / 604-873-7556
Tree Permits and Landscape Plan Review (Enquiries on Tree By-law, landscaping and tree removal) 604-871-6378

LICENCES AND INSPECTIONS
Inspections 604-873-7601 / 7603
Business Licences 604-873-7568
Secondary Suites 604-873-7945

PLANNING DEPARTMENT
Rezoning Centre (General enquiries on rezoning) 604-873-7455
Heritage Planning 604-873-7506

SUPPORT SERVICES - BY-LAW ADMINISTRATION
Occupancy Permits 604-873-7539

ENGINEERING SERVICES
Building Grades 604-873-7316
Permits Counter 604-873-7216
Development Permit Coordinator (Engineering Requirements) 604-873-7773

IN PERSON
City Hall is open from 8:30 a.m. to 5:00 p.m., Monday to Friday (*please note exceptions in brackets)

Please note that filing an appeal with the Board of Variance / Parking Variance Board is by appointment only (604-873-7723).

MAIL
Clearly mark the Department (and division or area of department if possible) on the envelope and send to:

City of Vancouver
(department name here)
453 West 12th Avenue
Vancouver, BC V5Y 1V4

FAX
Board of Variance 604-873-7475
Enquiry Centre 604-873-7100
Processing Centre 604-873-7100
Subdivision and Strata 604-873-7100
Licences and Inspections 604-873-7100
Support Services 604-873-7100
Planning Department 604-873-7100
Engineering Services 604-871-6191

VANMAP ( www.vancouver.ca/vanmap )
A web-based map system providing property information such as, property lines, zoning information, aerial photos, addresses, parks, etc.

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Questions or Comments? E-mail: louis.ng@vancouver.ca

© 2009 City of Vancouver