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HomeMy Public PortalAboutBoard of Variance Consolidated Bylaw 1338TOWN OF OLIVER Board of Variance Bylaw 1338 A bylaw to establish a Board of Variance and procedures for Board of Variance applications WHEREAS division 6 of part 26 of the Local Government Act requires a local government that has adopted a zoning bylaw to establish a Board of Variance; AND WHEREAS Council of the Town of Oliver has adopted a zoning bylaw; NOW THEREFORE, the Council of the Town of Oliver in open meeting assembled enacts as follows: 1. Establishment A Board of Variance having jurisdiction for the Town of Oliver is hereby established. 2. Membership and term of appointment a) The Board of Variance shall consist of three (3) members. b) The appointment of members to a Board of Variance shall be by resolution of the Council of the Town of Oliver. c) Members of the Board of Variance shall be appointed for a three (3) year term; such term beginning on the date of appointment and ending on the anniversary date of the term. d) An appointment to the Board of Variance may be rescinded by council at any time. e) Members of the Board of Variance may be reappointed for a further term or terms. f) In accordance with the Local Government Act, a person who is a member of the Council, an officer or employee of the Town of Oliver may not be appointed as a member of the Board of Variance, but they may attend meetings in a resource capacity. g) All members of the Board of Variance shall serve without remuneration for meeting attendance except for any reasonable and necessary expenses that arise directly out of the performance of their duties and paid at rates provided for in the Town of Oliver Travel and Expenses Policy Bylaw 1304. h) Upon resignation, death or removal of a member during his or her term of office, the Council of the Town of Oliver may by resolution appoint a successor who shall hold office during the remainder of the term of the former member. Page 2 of 5 Board of Variance Bylaw 1338 3. Meetings a) Meetings of the Board of Variance shall be called by the chair of the Board of Variance as reasonably required to deal with variance applications. b) A majority of the Board of Variance shall be deemed to be a quorum. c) In the event that a quorum is not present within 30 minutes after the time appointed for a meeting, the names of those present will be recorded and the meeting shall be adjourned to the same time on the following day or to such other date and time as determined by the chair. d) Any person or body with interest in property within the Town of Oliver is entitled to be heard at the hearing and is entitled to be represented by a solicitor or by an agent duly appointed in writing. e) Evidence at a hearing may be given orally or in writing. f) The Board may view the property affected by the appeal and surrounding properties. g) The Board may adjourn the hearing from time to time and may reconvene without further notice if the time, date and place of reconvening is announced at the adjournment. h) If the appellant or other persons notified do not appear at the hearing or any adjournment thereof, and have not advised the Secretary in advance that they wish to be heard at another date, the board may proceed to decide the appeal in their absence. 4. Chair and Secretary a) The Board of Variance shall choose, at the first meeting in each and every year, a chair from among its appointed members. b) In the event the chair is not in attendance within 15 minutes after the time appointed for a meeting, the Board of Variance shall appoint an acting chair for the duration of the meeting. c) The officer responsible for corporate administration or another person designated by him or her shall act as secretary to the Board of Variance. d) The secretary shall be responsible for: (i) receiving applications to the Board of Variance; (ii) establishing the date of the Board of Variance meeting on direction from the chair; (iii) issuing written notice of the Board of Variance appeal which shall be mailed or otherwise delivered at least 10 days before the date of the meeting to: • the members of the Board of Variance; • the applicants; and • the owners and tenants of adjacent lands. and the written notice shall state the subject matter of the application and the time and the place where the appeal will be heard; e) give written notice of any decision of the Board to the appellant; and f) forward a copy of the minutes of hearings to the Council of the Town of Oliver for their information. Page 3 of 5 Board of Variance Bylaw 1338 5. Decisions a) The deliberations, and the decision of the Board to either grant or deny an order must be made in the presence of the applicant, and any other persons notified in connection with that application, if in attendance at the meeting. 6. Making Application a) An application to the Board of Variance shall be made and processed substantially as outlined in Schedule ‘1’ of this bylaw. 7. Application Fee a) At the time of application, the applicant shall pay to the Town of Oliver an application fee in the amount outlined in the Town’s Fees and Charges By-law. 8. Relation to Local Government Act and severability a) This bylaw is not intended to conflict with any provision of the Local Government Act relating to boards of variance nor to fetter any statutory authority of the Town of Oliver in relation to a Board of Variance or its members. b) If any section or subsection of this bylaw is found to be invalid it may be severed without affecting the validity of the remainder of the bylaw. 9. Citation and repeal a) This bylaw may be cited for all purpose as “Board of Variance Bylaw 1338”. b) Oliver Board of Variance Bylaw No. 491, 1985 and all amendments thereto are hereby repealed. READ A FIRST, SECOND, AND THIRD TIME this 12th day of February, 2013. ADOPTED this 25th day of February, 2013. ________________________________ ___________________________________ Mayor Deputy Corporate Officer Amended December 11, 2017 Bylaw 1338.01 SC H E D U L E 1 APPLICATION REQUIREMENTS AND PROCESSING PROCEDURES Page 4 of 5 Bylaw No. 1338, 2013 Board of Variance Bylaw This information is meant as a general guide only and is not regarded as the right to development approval if the steps indicated are followed. 1. Application Requirements a) Authorization i) An application to the Board of Variance shall be made to the Town of Oliver in writing and on the appropriate form, and shall be: .1 made by the owner(s) of the subject property or by a person authorized by all property owners(s); .2 made on the appropriate form designated by the Municipal Manager, or designate; and .3 accompanied by the appropriate application fee outlined at Section 7 of Bylaw 1338. b) Proposal Summary i) An outline of the type of development or land use proposed, including: .1 a description of the variance requested and reasons or rationale (e.g. hardship) for that proposal. c) State of Title Certificate i) a copy of the Land Title Office search print, issued not more than thirty (30) days prior to the application date for any parcel of land subject to the application; and ii) a copy of all non-financial charges (i.e. covenants, easements and rights-of-way, etc.) registered on the subject property(s). d) Site Plan i) a site plan of the proposed development drawn to scale and showing dimensions, and include the following (as applicable): .1 north arrow and scale; .2 dimensions and boundaries of property lines, rights-of-way, covenant areas and other easements; .3 location and dimensions of existing and proposed structures and setbacks (including projections and overhangs) to parcel lines, rights-of-way, and easements; .4 location of existing and proposed access roads, driveways, vehicle parking spaces, pathways, screening and fencing; .5 natural and finished grades of site, at buildings and retaining walls (indicate source of grade data); .6 location of any physical or topographical constraints (e.g. watercourses, shorelines, ravines, wetlands, steep slopes, bedrock outcrops, etc); Page 5 of 5 Board of Variance Bylaw 1338 .7 location of all existing and proposed water lines, wells, septic fields, and sanitary sewer and storm drain facilities, including sizes; and .8 proposed covenant areas (if any). e) Development Plans (drawn to scale, in metric) i) detailed drawings of the proposed development, including building sections, elevations, finishes, floor plans, landscaping, access roads, driveways, vehicle parking spaces, pathways, and screening and fencing proposed for the site; ii) a project summary sheet outlining density and number of dwelling units, site coverage, heights, setbacks, and other relevant data; and iii) location and width of existing or proposed access(es) to the property, driveways manoeuvring aisles and parking layout. f) Site Surveys i) if a proposed development involves a variance to the siting or building envelope of an existing structure a current sketch plan, certified by a BC Land Surveyor, in metric, shall be required. 2. Application Processing Procedures a) Upon receipt of an application accompanied by the required fees and attachments, Development Services staff will open a file and issue a fee receipt to the applicant. b) Development Services staff will review the application to determine whether it is complete and, if incomplete, will request the required information from the applicant. c) Development Services staff will evaluate the proposal to ensure that the proposed variance can be realised through a Board of Variance appeal (staff may conduct a site visit to view the property as part of the evaluation process). Where it is uncertain, the Board of Variance shall determine whether a matter for its consideration falls within its jurisdiction. d) Development Services staff will refer the application to all applicable Town of Oliver departments. e) Received comments will then be incorporated into a technical report to the Board of Variance. f) A time, date and location for a hearing of the application is set by Development Services staff (Board of Variance members may visit the site in advance to gain a better understanding of the hardship claimed by the applicant). g) A notice of Hearing is delivered to Board of Variance members and all owners and occupiers of neighbouring properties situated within a 30.0 metre radius of the subject parcel. h) On the date of the Hearing, the Board of Variance receives written and verbal representations from the applicant and neighbours. i) After presentations by the applicant and neighbours are heard, the Board of Variance considers the application and makes a decision. The decision of the Board of Variance is final. j) Once the Board of Variance minutes have been prepared, the applicant will be notified in writing of the outcome.