What is a Variance?
A variance is an order that varies specific provision(s) of a Zoning By-Law as they apply to a particular property. Variance application(s) can be submitted by anyone who believes that a Zoning By-Law adversely affects their property rights.
For example, if the Zoning By-Law states a structure must be a minimum of 25 feet from the rear property line, you may apply for a Variance to be closer than the required 25 feet.
Application Requirements
All Variance requests require the following prior to the land use request being processed:
- Completed Application form with signatures of both the registered owner and applicant (if different a Letter of Authorization is required)
- Application Fee
- Supporting documentation identified in the application form.
- Other plans and documentation may be required, depending on the nature of the request.
Timeline
The process from the time the completed application and all supporting documentation is submitted to the City until the file is presented at a Council Meeting typically will take 6 – 8 weeks. Complicated land use requests may take longer; also summer months may take longer. All variance requests require a public hearing prior to Council making a decision on the particular application. As per the Planning Act public notices must be sent out to surrounding neighbours and posted on the subject property 14 days prior to any public meeting. Variations expire if not acted on within 12 months of the date of the decision, although this can be extended up to an additional 12 months if an application is received before the initial deadline.
Public Hearing
A public hearing is required as part of the variance order process. The public hearing provides an opportunity for the applicant and any member of the general public to comment on the application prior to Council’s decision.
The applicant is highly encouraged to attend the public hearing, be prepared to present details of their application, and answer any questions.
What is a Minor Variance?
A Minor Variance is a minor alteration or change to the standard prescribed by the City of Selkirk Zoning By-Law. However, the offense shall not exceed fifteen (15) percent of any height, distance, area, size intensity of use or parking space requirement of the current City of Selkirk Zoning By-Law.
Timeline
The process from the time the completed application and all supporting documentation is submitted to the City Planning Division for review until the Minor Variance is approved will take on average ten (10) working days. Complicated land use requests may take longer; also summer months may take longer due to the amount of construction taking place. A Minor Variance expires if not acted on within 12 months of the date of the decision.
Decision Making Authority
The approving authority for a Minor Variance request is the Chief Administrative Officer or an employee designated by the Chief Administrative Officer. A Minor Variance may be granted at the discretion of the Chief Administrative Officer, or depending on the request may be referred to Council for a decision.
