A hardship is a physical condition of your property that prevents you from meeting zoning rules. Examples include unusual lot shapes, steep slopes, or natural obstacles like rock outcrops. Financial difficulty is not considered a hardship.
Board of Variance
The Board of Variance is an independent committee made up of three community members appointed by Council. The Board reviews requests for small changes (called variances) to zoning rules when following those rules would cause significant physical hardship for the property owner.
It can also consider requests to make additions or structural changes to legally built buildings that no longer meet today’s zoning regulations.
The Board does not review requests related to:
- Land use (what a property is used for)
- Density (how many homes or units are allowed)
- Parking requirements
- Landscaping
Meeting Schedule
The Board meets on an as needed basis during regular business hours (Monday to Friday, 8:30 a.m. to 4:30 p.m., excluding holidays).
What the Board of Variance Does
If something about the physical layout of your property makes it difficult or impossible to meet the zoning bylaw—such as a steep slope, a rock outcrop, or an unusual lot shape—you may qualify for a variance. This type of challenge is referred to as a hardship.
The Board of Variance only considers physical site conditions as valid reasons for a variance. Financial costs, convenience, or personal preference are not considered hardship under the law.
The Board works independently from Council and staff and is required under the Local Government Act for all B.C. municipalities with zoning bylaws. While independent, the Board receives administrative support from District staff, such as meeting preparation and technical advice when needed.
Any variance granted must be the smallest possible change needed to address the hardship. The Board may deny a request if it:
- Negatively affects a neighbouring property
- Harms the natural environment
- Conflicts with the overall intent of the zoning bylaw
Board Membership
Members of the Board of Variance for the current term include:
- Jeff Holm
- Stan Duek
- Frank Work
Application Process Overview
To apply, complete the Board of Variance Application form and submit it along with payment and:
- A site plan showing the proposed variance
- Photos or drawings that explain your request
- A written summary of the hardship you're experiencing
Submit your completed application to planning@sooke.ca or in person at Municipal Hall. For help, contact Planning, Development and Building Services at 250.642.1634.
What to Expect
Once your application is received and complete:
- District staff will review it and schedule it for the next Board meeting.
- You’ll receive notice of the meeting and may attend to speak to your application.
- Neighbouring property owners may also be notified.
- The Board will make a decision at the meeting, and you’ll be notified of the outcome in writing.
Learn more
- Board of Variance Bylaw
- Schedule 5 – District of Sooke Development Procedures Bylaw No. 900, 2024
- Province of BC, Board of Variance web page
Frequently Asked Questions
What is considered a “hardship”?
Can I apply if I just want to build closer to the lot line for design reasons?
No. Design preference or convenience does not qualify as a hardship. Your application must show that a physical feature of the land makes it difficult to meet zoning rules.
What’s the difference between a Board of Variance application and a Development Variance Permit?
The Board of Variance deals with specific, minor zoning exceptions tied to physical site conditions. A Development Variance Permit (DVP), which goes through Council, is used for broader changes to zoning regulations, including parking or setbacks that aren’t based on hardship.
Can the Board approve variances for new buildings or subdivisions?
No. The Board only considers minor variances related to existing properties or legally non-conforming buildings, meaning the building was lawfully constructed under previous zoning rules but no longer conforms to current regulations. New developments typically require Council approval through a Development Variance Permit.
Will neighbours be notified of my application?
Yes. Property owners within a certain distance of your property will be notified before the meeting and may attend to learn more or express concerns.
Can I appeal the Board’s decision?
No. Decisions of the Board of Variance are final and cannot be appealed to Council. However, they can be challenged in court through a judicial review.
Contact Us
District of Sooke
2205 Otter Point Road
Sooke, BC V9Z 1J2
Hours: Mon-Fri 8:30am – 4:30pm
Phone: 250-642-1634
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