What is the Board of Variance?
The Board of Variance (BOV) is an independent body that consists of persons appointed by Council in accordance with the Board of Variance Bylaw and the Local Government Act.
Primarily, the Board considers requests for minor variances to requirements in the Zoning Bylaw respecting the siting, size, or dimensions of buildings/structures when these requirements cause a person undue hardship.
Note that variances cannot vary land use or density requirements in the Zoning Bylaw and that the granting of a request for a minor variance does not replace the Building Permit process.
Board of Variance decisions are final. However, if the Board of Variance rejects any variance, applicants can make a separate Development Variance Permit application to Council.
While Board of Variance applications are limited to minor variances for undue hardship that meet specific considerations, Development Variance Permit applications are not as limited. Depending on the variance request, it may make sense to proceed with a Development Variance Permit application instead of a Board of Variance application.
What constitutes undue hardship?
Traditionally, undue hardship involves hardship that pertains to site and/or building characteristics (e.g., irregular shape, slope), as opposed to hardship that is personal to, or generated by, the owner or resident (e.g., economic hardship).
What factors does the Board consider?
The Board of Variance may grant an applicable minor variance if they find that compliance with the bylaw would result in undue hardship and if they have considered the following factors and are of the opinion that the variance does not:
- Result in inappropriate development of the site
- Adversely affect the natural environment
- Substantially affect the use and enjoyment of adjacent land
- Vary permitted uses and densities
- Defeat the intent of the bylaw
How do I make an application?
Before a Board of Variance application is made, you should review your plans with front counter staff from the Planning Department and Building Department located on the main floor at City Hall. Staff will inform you if a variance is required.
A Board of Variance application requires the submission of the following items:
- A completed Board of Variance Application Form and Submission Checklist
- Supporting documents identified on the Submission Checklist or by staff
- The non-refundable Board of Variance Application Fee (Application fees are subject to change without notice. The applicant should confirm current fees at the time of application as per the (Fees & Charges Bylaw.)
Hard copy submissions should be provided with payment to front-counter staff from the Planning and Building Department located on the main floor at City Hall. Digital submissions are also required and should be emailed to Bov@MapleRidge.ca.