Board of Variance
Updated January 24, 2025
The Board of Variance is a statutory committee comprised of three volunteer representatives appointed by Council. It reviews appeals for relief of provisions of the District’s zoning bylaw in which compliance would cause undue hardship as well as additions and structural alterations to non-conforming buildings. It does not address matters related to land use, density limits, parking variances or landscape variances.
Meeting Schedule
- To be determined: every other month, during business hours (8:30 a.m. to 4:30 a.m. Monday-Friday, excluding Statutory Holidays)
About
As an alternative to applying for a development variance permit, a person may apply to the Board of Variance if they feel compliance with the bylaw would cause them hardship. For example, if an outcrop in a person’s yard prevented them from siting the house in conformity with the normal setbacks, a person could apply for a variance.
The British Columbia Local Government Act requires a local government that has adopted a zoning bylaw to establish a Board of Variance. The Board of Variance is a quasi-judicial body which is independent from Municipal Hall. It is made up of three volunteer members appointed by District Council. Elected District officials and District staff are not permitted to sit on the Board. However, a staff representative for administrative assistance (e.g. agenda and minute taking) is provided and a subject matter expert is available as board resource.
The Board deals with requests for minor relaxations to the zoning bylaw, and may grant one or more variances where it is persuaded that the present zoning creates an undue hardship unique to the property in question. If a hardship is established, the Board may grant the minimum variance that it believes is necessary to alleviate the hardship. However, the Board may deny the variance request if it feels that the proposed variance would substantially affect the use and enjoyment of a neighbouring property, harm the natural environment or defeat the purpose of the zoning bylaw.
The Board also deals with matters regarding additions and structural alterations to buildings with a legal but non-conforming use.
The Board may not grant variances related to land use, density limits, on-site parking or landscaping.
Terms of Reference
- See Schedule 5 – District of Sooke Development Procedures Bylaw No. 900, 2024
Board of Variance Membership
- To be appointed. We are currently receiving applications. [link]
Staff Point of Contact
- Chris Marshall, Director of Planning and Development Services
For more information, please refer to:
- District of Sooke Bylaw No.919 Board of Variance Bylaw, 2024
- Schedule 5 – District of Sooke Development Procedures Bylaw No. 900, 2024
Related:
- To learn more about District Committees, see our Committees page at sooke.ca/committees