Appeal decisions to the Board of Variance or Parking Variance Board

What you need to know before you file an appeal

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  Board of Variance

  Reasons to appeal, board considerations, and restrictions

  Reasons to appeal

  • To remove or 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 or alter a development application decision by the Development Permit Board, to the extent that the decision dealt with matters of “relaxation” of zoning bylaw provisions as opposed to the exercise of broader discretionary authority
  • To obtain an exemption from any provision of a zoning bylaw 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)
  • 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)
  • If unable to obtain a permit authorizing tree cutting or removal, or if unable to comply with the requirements of the Private Property Tree Bylaw

  What the board considers

  The Board of Variance must be satisfied that:

  • The strict application of the bylaw 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
  • The appeal is not launched solely to allow the land or buildings to be put to a more profitable use

  What the board cannot allow

  The Board of Variance cannot:

  • Permit the use of land or a building which is not permitted under the bylaw
  • Prohibit a use of land or a building which is permitted outright under the bylaw
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  Parking Variance Board

  Reasons to appeal, board considerations, and restrictions

  Reasons to appeal

  Reverse or 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 Bylaw.

  What the Board considers

  The Parking Variance Board will consider:

  • The site and development context
  • The policy objectives of the parking and loading requirements
  • The basis for the decision to not relax the requirement to the extent requested by the applicant

  What the Board cannot allow

  The Parking Variance Board cannot vary the regulations or requirements of the Parking Bylaw.

  The Board only has jurisdiction where the Director of Planning or Development Permit Board has jurisdiction to relax a regulation or requirement.

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  How appeals work

  1. The Secretary to the Board of Variance receives and reviews appeals and checks all information, drawings and calculations.
  2. The Secretary will then schedule each appeal for hearing, notify the appellants of the hearing, and prepare the agenda.
  3. Before the hearing is held, the Board members view and inspect most sites.
  4. 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.
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  What happens at the appeal

  1. 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.
  2. The Chair calls upon you (or your agent) to present any further evidence or explanation of the appeal.
  3. The Chair then gives the Director of Planning (or their agent) an opportunity to be heard.
  4. Other people may then speak in support of or in opposition to the appeal.
  5. The Board Chair and Members ask you questions.
  6. After all presentations are made and questioning is concluded, the Director of Planning (or their agent) and you get to make final comments.
  7. 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.

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  Understanding the Board's decision

  The Board's decision is final and they 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.

  Allow an appeal or variance

  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

   Any construction work allowed by the board under an appeal must comply with the Vancouver Building Bylaw.

  Filing the same appeal

  You may not file the same appeal, although the board may reconsider the appeal if it is based on different grounds or principles.

  Further 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.

Steps to appealing a decision

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  Step 1: Schedule your appeal

  Hearings are scheduled at least once per month, usually one month after a submission deadline date.

   File your appeal at your scheduled intake appointment.

  1. Review the submission deadline dates.
  2. Schedule an appointment with the Board Secretary by phone at 604-873-7723.
  3. Pay the $2,840 appeal legality fee in person (required when meeting the Board Secretary).

  • Location: Revenue Services, 1st Floor, City Hall at 453 West 12th Ave
  • Hours: Monday to Friday, except holidays, 8:30am to 5pm
  • Pay by cash, debit, cheque, money order, or bank draft

   The appeal fee may increase at the rate of inflation, as approved by Council in the Miscellaneous Fees Bylaw, Section 6.

  Application deadlines

  Type of appeal	Deadline to file your appeal
  Appeal a refusalof your development permit application	Within 30 days of an official decision made by the Director of Planning
  Delete or vary the approval of your development permit application	Within 30 days of getting your application approval letter that lists conditions you must satisfy before your permit is issued
  Request a variance from any provision of the Zoning and Development Bylaw that affects the site, size, shape, or design of a building, or in connection with a building which is non-conforming as to use	No deadline

  How to extend the deadline

  The Board may extend the time limits for filing an appeal (noted above) by up to 75 days after an official decision is issued by the Director of Planning.

  Send your request, including any reasons for the delay, in writing to the Board after 30 days from the official decision.

  How to postpone a hearing

  1. Send your request to postpone in writing to the Board
  2. 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 5pm
     • Pay by cash, debit, cheque, money order, or bank draft
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  Step 2: Prepare appeal

  A. Gather the required information

  A notice of appeal must include the following information:

  • 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 hardship, if any
  • Notation of the Section(s) of the Vancouver Charter and bylaw(s) under which the appeal is to be considered (where applicable).

  B. Prepare the plans and calculations

  You need two sets of plans to file an appeal. Each set must include:

  1. A 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
  4. Calculations of:
     • Floor space ratio
     • Site coverage
     • Deck areas (for residential developments)
     • Numbers of off-street parking and loading spaces

  To appeal a refusal of your development permit application, you need to provide one set of the refused plans.

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  Step 3: Attend your hearing

  Hearing location and time

  • Location: Committee Room 1, 3rd Floor, City Hall, 453 West 12th Avenue
  • Time: 1:15pm (on Wednesdays, twice a month)

  See the meeting dates

  Can't attend?

  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

  1. Send your request to postpone in writing to the Board (see contact at right)
  2. 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.

   If you request to postpone your hearing, there is a $39.80 re-notification fee.

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