Board of Variance

What is a Board of Variance?

The Board of Variance (BOV) is an independent board regulated by the Board of Variance Bylaw No. 1747, 2019. The BOV consists of three volunteer members of the public who have been appointed by Council. The BOV reviews applications and makes decisions on minor variances to the Colwood Land Use Bylaw, 1989 when it is illustrated by the applicant that compliance would cause undue hardship. Board of Variance applications are approved through the Board of Variance in accordance with Part 14, Division 15 of the Local Government Act.

What does a "minor variance" mean?

A minor variance is determined by the BOV in its decision-making and relates to the specific circumstances of the request. Typically, undue hardship results from site and/or building aspects (e.g., irregular shaped lot, slope, natural features, historic siting), as opposed to personal circumstances. It is the applicant’s responsibility to clearly state in writing the basis for the variance request in their application submission and to demonstrate that the request is minor and that hardship would result from full compliance.

Can I appeal the Board of Variance decision?

No. All decisions by the BOV are final and the applicant may not submit again with a similar proposal. If the application is denied, the applicant may wish to apply for a Development Variance Permit.

Board of Variance Process

Review the steps below to understand how BOV applications are processed.

Image	Step 1: Submit Your Application Submit a Development and Land Use Application online with all required supporting documents as referenced in the BOV Application Checklist. If attachments exceed 25 MB, documents may be sent separately by email to planning@colwood.ca
Image	Step 2: Application Review & Fees Staff will review the submission for completeness and issue a fee slip for the application payment. Refer to the Fees and Charges Bylaw, 1603, 2016  for applicable fees.
Image	Step 3: Technical Review Staff will review application for compliance with applicable bylaws, plans and policies. Application will be referred to relevant internal departments and external parties for comment.
Image	Step 4: Address Review Comments Staff will provide comments for the applicant to address following internal and external application review. Additional rounds of comments of resubmissions of documents may be required.
Image	Step 5: Staff Memo Preparation Once the application is deemed ready, Planning staff will prepare a memo summarizing the proposed variance request for presentation to the Board of Variance.
Image	Step 8: Public Notification Prior to BOV introduction, property owners within 100 metres of the site will be notified and invited to provide feedback. See Colwood Land Use Application Procedures Bylaw for more details.
Image	Step 9: Board of Variance Hearing Planning staff will present the memo to the BOV. The applicant is expected to present their rationale for the variance outlining how the request is considered minor and to cause undue hardship. The Board will deliberate and either approve or deny the application.
Image	Step 10: Decision & Approval If approved, a letter will be issued to the applicant, and the approved works must be completed within two years. If denied, the applicant has the option of a DVP. The application cannot be presented to the BOV again in the future.
Image	Step 11: Next Steps Once the BOV is completed, applicant may proceed with a Building Permit to start construction. The BOV letter may include conditions that require  follow up prior to Building Permit issuance.

Ready to Apply?

Once you are ready to apply, ensure you have completed the BOV Application Checklist, and submit the online Development and Land Use Application form. 

Contact Us

For information on timelines and requirements for a Board of Variance, or if you have any additional questions, please contact the Planning department at 250-294-8153 or planning@colwood.ca.