Board of Variance
The Board of Variance is an independent body that hears appeals for relaxation of zoning regulations, extension of non-conforming uses, relaxation of servicing requirements, reconstruction of non-conforming uses and relaxation of tree protection requirements. The Board primarily deals with requests for minor variances to the Zoning Bylaw regarding siting, size and dimensions of buildings where compliance would cause an undue hardship.
The Board consists of five members, appointed by Council, and runs concurrent with the four-year Council term.
Presenting to the board
Before you apply to the Board of Variance, you should first apply to the Building Inspections Department for a building permit. If your application for a permit is denied because your building plans don’t meet siting, size or dimension requirements under the Zoning Bylaw, you may appeal the decision to the Board of Variance and seek permission to vary the bylaw.
An application form needs to be completed and any required information to be submitted is identified in the Board of Variance Bylaw No. 9817. Application fees are set out in the Development Application Fees Bylaw No. 10560. Applications for the Board of Variance are handled by the Office of the City Clerk, second floor City Hall.
Board of Variance hearings are scheduled by the Chief Building Official and the Secretary after meeting with the applicant to review the complete notice of appeal.
Explanation of undue hardship
The term “undue hardship” limits the Board to considering only hardship that results from aspects of the site, as opposed to those that are personal to, or generated by, the owner. For example, if bedrock protruding in the site’s building area makes compliance with the siting provisions difficult, the hardship created - through no fault of the property owner themselves - is undue. If other properties in the zone don’t have the protruding rock, they would not be subject to the same degree of hardship.
The difficulty in determining what is undue hardship revolves around whether the hardship would have been a hardship for everyone. If compliance with the general setback regulations is difficult or expensive, but that is the case for all properties within the zone, there is not undue hardship. If a circumstance penalizes one or only a few owners, it would then be undue hardship.
The Board consists of five members, appointed by Council, and runs concurrent with the four-year Council term.
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Electronic versions of Kelowna committee meeting minutes are for information purposes only. To request official copies of the minutes, contact us at 250-469-8645.
