Citation

1   Bylaw No. 1667-2007 may be cited as "Board of Variance Bylaw, 2007".

Definitions

2   Schedule "A" contains definitions of terms used in this Bylaw.

Establishes Board of variance

3   (a) A Board of Variance, consisting of five members to be appointed by Council, is hereby established for the City of Abbotsford pursuant to the Local Government Act.

(b) Council may, by resolution, remove and appoint members to the Board at any time.

Chair

4   (a) The Board shall elect one of its members as the Chair, who may appoint a member of the Board, as Acting Chair to preside in the Chair's absence.

(b) The members of the Board may, by majority vote of all members present at a Board meeting, remove the Chair of the Board and elect a new Chair.

Quorum

5   A quorum of the Board for all hearings held pursuant to the provisions of this bylaw, shall be three or more members.

Majority vote

6   A decision of all or a majority of the Board members present and voting at any hearing held pursuant to the provisions of this bylaw, shall be the decision of the Board.

Compensation

7   A member of the Board shall not receive compensation for serving as a member, but shall be paid reasonable and necessary expenses that arise directly out of the performance of his or her duties.

Meetings

8   (a) Subject to Section 8 (b), a regular meeting of the Board shall be held each month as designated by the Board, unless otherwise determined by the Chair in consultation with the Director and all other members of the Board.

(b) If no outstanding Application is received by the Director at least 20 business days prior to the date of the next meeting, no regular meeting of the Board need be held for that month.

Application

9   (a) Every Application to the Board shall be made to the Director and shall include the following:

(i) a written statement, signed by the property owner, setting out in detail the grounds upon which the Application is based and the relief sought; if the Application is submitted by an agent, written authorization from the owner must accompany the Application;

(ii) one complete set of construction drawings for presentation at the Board hearing, plus one copy of each relevant page of the construction drawings reduced to 8-1/2" x 11" size for circulation to the Board members before the hearing; and

(iii) a site survey plan, 8-1/2" x 11" in size, drawn to scale and detailing the proposed development with siting distances from the respective property lines, as well as the location of all existing structures on the property with the siting distances from the respective property lines. The requirement for a site survey plan may be waived by the Director where the nature of the Application makes such a requirement unnecessary.

(b) An Application for hearing at the next scheduled Board hearing date, must be received by the Director by 12:00 noon, at least 20 business days before the scheduled hearing date. Applications received after the foregoing deadline will be scheduled for the following Board hearing date.

(c) Once the Application is received, the Director shall notify the Chair and prepare a public notice stating the subject matter of the application and the time, date and place where the application will be heard.

(d) At least 10 working days before the date of the hearing, the Director shall send by mail or otherwise deliver a copy of the public notice to the following:

(i) the members of the Board;

(ii) the Applicant, or the agent for the Applicant; and

(iii) the registered owners, as shown on the last revised assessment roll, and all tenants in occupation of the land that is the subject of the application and of the land that is adjacent to land that is the subject of the application.

(e) The Director shall, upon receipt of any Application or of any written evidence entered before a hearing of the Board, permit the same to be inspected at the City's Development Services Department during regular office hours, up to and including the date of the hearing.

Conduct of hearing

10   (a) The Board shall be convened by the Chair on the date of the hearing, at the time and place set out in the public notice of hearing.

(b) Any person or party with interest in property within the City is entitled to be heard at the hearing and is entitled to be represented by an agent when appointed in writing.

(c) Any person represented in accordance with Subsection 10 (b), whether or not attending in person, shall be deemed to be a party attending the hearing.

(d) Reasons for application at a hearing may be given verbally or in writing.

(e) The Applicant shall be afforded the first opportunity to present his or her reasons for the Application. Thereafter, submissions shall be presented in such sequence as the Chair may direct, until all parties to the Application are afforded an opportunity to be heard.

(f) The Board may adjourn the hearing from time to time and may review the property affected by the Application and surrounding properties.

(g) If the Applicant fails to appear at the hearing or any adjournment, the Board may decide on the Application.

(h) No member of the Board shall, after the hearing, discuss the merits of the Application individually with any Applicant before the Board makes a decision.

(i) Subject to the express requirements of this Bylaw, the conduct of a hearing by the Board shall be governed by Robert's Rules of Order, provided that, there shall not be any inconsistency with this Bylaw or the Local Government Act.

Decision

11   (a) The Board shall make a decision in accordance with the Local Government Act on all Applications brought before it.

(b) The Director shall, within seven days of a hearing, send by mail or otherwise deliver the written decision of the Board to the Applicant.

(c) If an Application is allowed by the Board, and if a permit is required by a bylaw of the City, the Applicant shall, within 180 days of the date of the decision of the Board, obtain the permit. If the Applicant does not obtain the permit within the said period of 180 days, the decision of the Board shall be void.

(d) If construction is not started within two years of the Board decision date, the decision of the Board shall be void.

(e) The Director shall maintain a record of all variances and decisions given by the Board in a register. A copy shall be available for viewing by the public in City Hall during normal office hours.

Repeal

12   Bylaw No. 5-95, cited as "Board of Variance Bylaw No. 5-95" and all amendments are repealed.