A Development Variance Permit (DVP) is a land use permit used by local governments to ‘vary’ or relax certain regulations, such as building setbacks, height, parking requirements, or site coverage.
When is a Development Variance Permit Required?
If your proposed development does not conform to the zoning regulations, a DVP may be a potential path forward. DVPs cannot vary land use (e.g., single family home to apartments) or density (e.g., floor area ratio), but can vary the siting, lot coverage, or height. The approval of DVP applications is discretionary, so having a strong rationale in favour of the request that demonstrates supporting evidence from the City’s Official Community Plan (OCP) Bylaw No. 1700, 2018 policies is mandatory for Committee and Council consideration.
Considerations before you apply:
Exhaust all options by trying to meet bylaw requirements before resorting to a DVP application
Speak to your neighbours regarding your plans
If you are in a strata, talk to your strata council
Be prepared to pay additional advertising costs (e.g. signage and notification)
Development Variance Permit Process
Review the steps below to understand how DVP applications are processed.
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.
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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.
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Step 4: Development Notification Sign
Applicants must post a Development Notification Sign on the property throughout the review process. A sign template will be provided. See Colwood Land Use Application Procedures Bylaw, 1998 for more details.
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Step 5: 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.
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Step 6: Staff Report Presentation
Once the application is deemed ready, staff will prepare a report outlining the proposed variance, its alignment with City plans, and provide a recommendation to Committee and Council.
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Step 7: Planning and Land Use Committee Review
The application will be presented to the Planning and Land Use Committee. Applicants are strongly encouraged to attend to answer questions.
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Step 8: Public Notification
Prior to Council 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.
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Step 9: Council Decision
Council will consider Planning and Land Use Committee recommendations. Staff or applicant may need to answer questions and public may provide input. Council may approve, defer, or deny the Committee recommendation.
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Step 10: Permit Issuance
If approved, the DVP will be issued and registered on the property's State of Title. DVPs expire if construction of the permitted works does not substantially commence within two years of the permit issuance and in compliance with plans submitted.
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Step 11: Next Steps
Once the DVP is completed, applicant may proceed with a Building Permit or Subdivision application. The DVP may include conditions that require follow up prior to further permit issuance.
For information on timelines and requirements for a Development Variance Permits, or if you have any additional questions, please contact the Planning department at 250-294-8153 or planning@colwood.ca.
