Hearing location and time
Location: Committee Room 1, 3rd Floor, City Hall, 453 West 12th Avenue
Time: 1:15 p.m. (on Wednesdays, twice a month)
What happens at the appeal
- The Secretary calls the subject site address (for the record) and invites you to sit in front of the Board of Variance to present your case.
- The Chair calls upon you (or your agent) to present any further evidence or explanation of the appeal.
- The Chair then gives the Director of Planning (or their agent) an opportunity to be heard.
- Other people may then speak in support of or in opposition to the appeal.
- The Board Chair and Members ask you questions.
- After all presentations are made and questioning is concluded, the Director of Planning (or their agent) and you get to make final comments.
- The Board of Variance members will discuss the matter before the Board Chair calls for the vote.
- The Board decides based on a majority vote of the members present at the hearing. In the case of a tie, your appeal is denied.
At any time during these proceedings, the Board may question any person who has presented information.
The Board's decision is final
The Board may decide either to:
- Allow or deny the appeal in total
- Uphold or reverse parts of the appeal
- Modify a decision being appealed
They may also attach conditions or restrictions to an appeal.
When the Board decides to allow:
- An appeal, you have 90 days to get a development permit
- A variance, the Board sets a time limit for you to get a development permit and their decision is valid for one year from the date of their original decision
NOTE: Any construction work allowed by the Board under an appeal must comply with the Vancouver Building Bylaw.
You may not file the same appeal, although the Board may reconsider the appeal if it is based on different grounds or principles.
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.
If you want the Board to conduct your appeal in your absence, send a request to the Board Secretary in writing, before your hearing date (see contact at right).
Postpone your hearing
- Send your request to postpone in writing to the Board (see contact at right)
- Pay the $39.80 re-notification fee in person.
- Location: Revenue Services, 1st Floor, City Hall at 453 West 12th Ave
- Hours: Monday to Friday, except holidays, 8:30am to 5:00pm
- Pay by cash, debit, cheque, money order, and bank draft
Withdraw your appeal
You can request to withdraw your appeal right up to the Board's vote.
- Before your hearing: Send your request to withdraw in writing to the Board (see contact at right)
- At your hearing: Ask the Board to withdraw your appeal when you're called to speak at the hearing.
When hearings are adjourned
A hearing might be adjourned when:
- You request to postpone your hearing to the Secretary before the hearing and the Board grants it
- You do not attend, or are unprepared and cannot proceed in the hearing
- The Board needs to get more information to determine the effect of the appeal on neighbouring properties (which may require notifying neighbours), or to seek legal advice
Adjourned hearings are usually rescheduled in four weeks after the Board Secretary re-notifies the neighbourhood about the appeal.
NOTE: If you request to postpone your hearing, there is a $39.80 re-notification fee.