Board of Variance | City of Port Moody

The Board of Variance (BOV) consists of five members appointed by Council. Their job is to review applications and consider the relaxation of certain City bylaw requirements. You can appeal to the Board of Variance if you feel that compliance with the bylaw would cause undue hardship.

The Board of Variance is appointed by Council, but acts independently. Learn more about the Port Moody Board of Variance Bylaw.

Eligibility

Review the municipal Zoning Bylaw to determine if following the bylaw will cause you undue hardship. The BOV can grant minor variances on situations where complying with the Zoning Bylaw on the siting, dimensions or size of a building or structure causes a person undue hardship. The Board also considers applications for:

relaxation of zoning regulations
extension of non-conforming uses
relaxation of servicing requirements
reconstruction of a non-conforming building
relaxation of tree protection requirements

The Board of Variance cannot vary the following:

land use or density
registered covenant under Section 219 of the Land Title Act
Development Permit, Development Variance Permit, Temporary Use Permit or Tree Removal Permit
a Land Use Contract
a Phased Development Agreement
a flood plain requirement
any requirements under Part 27 of the Local Government Act (Heritage Conservation)
bylaw requirements concerning designated Heritage Conservation Areas
any requirements of a Heritage Revitalization Agreement under Section 966 of the Local Government Act

What is undue hardship?

The Board of Variance only considers undue hardship as something that results from aspects of the site as opposed to those which are personal to the owner. Determining undue hardship depends on whether the hardship is a hardship for everyone.

For example, if bedrock is protruding into your building envelope, complying with siting provisions may be difficult. Through no fault of the property owner, the hardship created is undue. Similar properties without bedrock are not subject to the same challenges.

Submit an application to the Board of Variance

Prior to submitting a Board of Variance application, we recommend that you consult with City planning staff by phone or email to confirm eligibility of the proposed variance. This will help you save time during the application process.

Submit completed application forms and supporting documentation by email to planning@portmoody.ca. If your files are too large for email, staff will provide an online upload link. If you are unable to digitally submit your application, please call or email to schedule an in person appointment.

Application form and submission requirements

Your application submission should include:

completed Board of Variance application (PDF) that clearly states the grounds on which the variance is based and the desired outcome of the requested variance
site survey certificate prepared by a BC Registered Land Surveyor
floor plan drawn to scale to show the proposed addition and setbacks
front, rear, and side elevations of the proposed addition drawn to scale
letters of consent or objection from adjacent and rear neighbours, if desired
application fees – see Fees Bylaw

Review the Guide to the Board of Variance (PDF) for additional information on the application process and requirements.

Application review

Staff will review your application and schedule a date for the Board of Variance Hearing. As part of this process we may request that you submit additional information. City departments who were consulted on your application will provide a memo to the Board. The City will notify you, as well as all owners and tenants immediately adjacent to the land that is the subject of the application, of the date, time, and location of the Board of Variance meeting.

You should attend the Board of Variance meeting and be prepared to describe the required variance and to answer any questions that the Board may have. The Board will also hear from any other person(s) who believe their interest in the property is affected by your application.

The Board may approve the variance with or without conditions, or deny the variance, and will share their decision in person at the hearing. You will also receive written notice of the decision by mail.

Due to neighbour notification requirements, it can take up to four weeks to schedule a Board of Variance hearing.

Key Documents and Links

Read the Guide to the Board of Variance (PDF)

Review the Zoning Bylaw