What is the Board of Variance?

The Board of Variance (BOV) is an independent body that consists of persons appointed by the SCRD Board in accordance with the Board of Variance Bylaw and the Local Government Act.

Primarily, the Board of Variance 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 the SCRD Board.

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:

1. Result in inappropriate development of the site
2. Adversely affect the natural environment
3. Substantially affect the use and enjoyment of adjacent land
4. Vary permitted uses and densities
5. Defeat the intent of the bylaw

To apply for a Board of Variance, please visit the planning applications webpage.