Board of Variance
This quasi-judicial body is established under the provisions of the British Columbia Local Government Act, which requires every municipality that has enacted a zoning bylaw to establish and appoint a Board of Variance. Upon application, the Board has authority to vary provisions of the zoning bylaw that do not change the permitted use or density. Before exercising that authority, it must be able to make a finding that compliance with the bylaw would cause an undue hardship and that the requested variance will not, among other things, substantially affect the use and enjoyment of adjacent land, the natural environment, or defeat the intention of the bylaw.
Some uses of land, although lawful at the time, would not be permitted under current bylaws, and such uses are considered “lawfully nonconforming”. For a building containing a lawful nonconforming use, the Board of Variance has the authority to determine whether a structural alteration or addition is permissible.
The Board of Variance may also grant relief from a requirement contained in a tree protection bylaw where it is satisfied that compliance would cause a person undue hardship.
Municipal Council appoints three persons to the Board. There is no limit on the duration of service, and vacancies are advertised. The work of the Board requires strong analytical and reasoning skills.
Terms of Reference and Related Documents:
- James Murtagh
- Paul Elworthy
- Randall Romanin
Meetings and Agendas are posted on the District’s CivicWeb Portal at https://oakbay.civicweb.net/Portal/.
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