Now what is a Development Variance Permit (DVP) exactly?
A Development Variance Permit is not a Building Permit. In fact it's very different from a Building Permit. 

A DVP is a permit issued by a board appointed by your City to change the existing regulations of a Zoning Bylaw or Subdivision Servicing Bylaw. 

Every property has zoning bylaws that tell you how close to the property lines you can build to, how tall the house can be, how big the house can be, etc. But not all properties and existing homes are alike. Some can't always conform to the current bylaws.

Can you give some examples of approved variances?

I have worked on a half a dozen variances in my nearly 20 years of design. Here are some of the examples that we've come across that were approved.

1. Floodplain and building height. My first variance was a situation where the floodplain was so tall that, to bring the livable area above the floodplain, we would have an extremely tall and unusable basement with one floor of livable space. It was zoned for a duplex so that would be a very small duplex (approx. 600 sf. ea. side).
   
   Now, you can't argue floodplain, but you can argue building height. So we showed them our difficulties and requested an additional 3-4 feet of building height to allow for an upper floor. This would allow for a garage and entry in the flood zone, a main floor for living and an upper floor for bedrooms.
   
   They granted us the variance with the additional height only to later on change the building height because of the obvious flood restrictions that were had on everyone in the area.

2. Setbacks. I worked on a house that was about 100 years old. It was relocated from an old town in the 40's and since then a road was put in 5 feet from the front corner of the house. The owner wanted to add an extension to the upper floor over the existing corner that was outside of the setbacks by 20 feet. This was a large ask but the majority of the home was inside the setback so any alterations to this home would require a DVP. So we approached it in a way where we kept the addition within the footprint of the home, kept the massing down, and with the style of the house. The owners eventually applied to be recognized as a historic home.

3. Setbacks. Another very common issue in our area were homes that were built without front entrances and/or covered front doors. And in our area where it rains more than half the year, it was a necessity. Most cases these homes were already built outside of the current front yard setback. So some cases we asked to allow for an additional 10 feet (or more) so the front door can have some interior and exterior covered space.

Who should submit your variance permit?
While Architects / Architectural Designers or even Contractors / Project Managers may insist, I believe homeowners should fill out their own application form. The reason is you will always be kept in the loop. Whether that’s being included in the communication or be the only line of communication (generally via. email) and you pass on the information, either way you are a key part of the team. However, it's a great idea to add the Architect/ural Designer as the representative so they are also kept in the loop and know when to proceed with completing the plans.

When do you need to get one?

If you require a DVP, then this needs to be approved prior to applying for a Building Permit. In most cases, it needs to be done prior to completing your design - especially your construction drawings. 

The reason is, you are not always guaranteed that the DVP will be approved. There are a lot of factors - how knowledgeable the Board of Directors are, how understanding your neighbours are, etc. It is wise to get approval for the bylaw change and then complete the plans.

So what do you need? We'll get into that in the next lesson.