Board of Variance

What is the Board of Variance?

The Board of Variance is an independent tribunal appointed by Council that considers appeals for minor variances to the Village of Pemberton Zoning Bylaw and rules on appeal applications as set out in Section 536 of the Local Government Act.

A minor variance may only be permitted if the Board finds undue hardship; and if the variance does not:

• Result in inappropriate development of the site or adversely affect the natural environment.
• Substantially affects the use and enjoyment of adjacent land;
• Vary permitted uses and densities under the applicable bylaw; or
• Defeat the intent of the applicable bylaw.

Board of Variance Members

Trevor Burton, Chair
Phill Read
Tom Fitzgerald

Application Process

• Determine if your proposal is within the jurisdiction of the Board of Variance, if you are unsure please contact Development Services.
• Contact Development Services to schedule a pre-application meeting to discuss your proposal. Staff will review the process, application submission requirements and timing.
• Review the Board of Variance Checklist
• Submit a completed Board of Variance Application with the required documentation and fees. Complete applications are due four weeks prior to the Board of Variance hearing. Submission of incomplete information may delay the process.
• Attend the Board of Variance hearing to present your application.

Fees

In accordance with the Board of Variance Bylaw No. 893, 2021 the application fee is $400.00

Meeting Schedule

Meetings are held on the third Wednesday of each month, except December, at 5pm. Hearings are open to the public.

Meetings are being held as hybrid meetings with meeting participants attending in person or via electronic communications. Please note that meetings are recorded and available for viewing following the meeting. Agendas and minutes prior to 2014 can be obtained by contacting the Village at 604.894.6135 or admin@pemberton.ca

Join the webinar : https://us02web.zoom.us/j/83733293432
Webinar ID: 837 3329 3432

2023 Board of Variance Meeting Schedule

*Meetings are held at 5pm

Related Links

Board of Variance Application
Board of Variance Bylaw 893,2021
Section 536 of the Local Government Act
Board of Variance Terms of Reference
Board of Variance Orientation Presentation
Current Development Applications
Board of Variance Agenda and Minutes
Board Member Application

Additional Questions

What if I have a complaint about the process or a Board of Variance decision?

A decision made by the Board of Variance is final. However, judicial review of Board decisions is available through the Judicial Review Procedure Act. Judicial review may occur when it is suspected that the Board exceeds its jurisdiction, breaches the rules of procedural fairness in reaching its decision, or makes an unreasonable decision.

What type of applications can be brought to the Board of Variance?

Within BOV Jurisdiction:

A property owner may apply to the BOV for a minor variance if they feel compliance with the following would cause them undue hardship:

• Variance of zoning regulation relating to the size, dimensions on siting of buildings or structures;
• Structural addition of non-conforming buildings and structures;
• Relaxation of certain limited subdivision servicing requirements;
• Determination of the percentage of destruction of a non-conforming building or structure (a matter relevant to whether it can be rebuilt); and
• Variance of certain tree protection requirements.

Outside of BOV Jurisdiction:

The BOV must not make an order that would do any of the following:  

• Conflict with a registered covenant or Section 219 of the Land Title Act
• Deal with a matter that is covered in a permit or land use contract;
• Deal with a flood plan specification;
• Apply to a property where authorization for Heritage Conservation alterations are required;
• Apply to a property where Heritage Conservation is scheduled or contains a feature or characteristic of Heritage Conservation;
• Apply to a property where a Heritage Revitalization Agreement is in effect

Additional Questions?

Contact developmentservices@pemberton.ca