Amendments to Vancouver's Board of Variance By-law won't help neighbours, critics say

A former Non-Partisan Association councillor has said that proposed amendments to Vancouver’s Board of Variance By-law to be considered by council’s city services and budgets committee on Thursday morning (July 8) still won’t help neighbours challenge land-use decisions.

“You don’t have the people who need to be represented in drafting the bylaw, namely the people who are seeking the appeals [to the board of variance], having any input into this thing yet,” lawyer Jonathan Baker told the Straight by phone.

Baker, who will speak at the council meeting, said that both city staff and the current board will be happy with the proposed new by-law. From the point of view of appellants, according to Baker, the bylaw still needs a lot of work.

Grandview-Woodland resident Penny Street fought Niebuhr Construction—a developer Baker represented—over the development of the historic Salsbury Garden. Niebuhr demolished two 1907 cottages, and since then houses have been built over the garden.

However, Street said she agrees with Baker this time.

“My goal is to completely reinstate third-party appeals in the city of Vancouver,” Street said by phone. “It looks to me like the new bylaw completely skirts that issue....It might be that the intention is to amend the Vancouver Charter to include third-party appeals, but there’s no mention of that anywhere in the report. I’m worried that it’s just being abandoned.”

Baker also supports third-party appeals. He added that the Vancouver Charter stipulates that people affected by an appeal are entitled to be notified.

“While the neighbour can’t initiate the appeal, the neighbour has to be served if they are affected by the decision,” Baker said. “They have a right to appear, and the board has to base its decision in part on the effect on the neighbour. That’s already in the Vancouver Charter, but what the [proposed] bylaw says is this: The board—under section 5.2 of the new bylaw—”˜must afford the opportunity to be heard to any witnesses or other persons whose information may assist the Board in deciding the appeal’. So, that doesn’t list persons who are neighbours, who are affected.”

Former development consultant Elizabeth Murphy said the Vancouver Charter lists a number of provisions for people affected by appeals brought to the board of variance by a property owner or developer. She said these need to be better reflected in the new bylaw.

Street predicted a “lively” meeting.

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