Humber/Ontario Real Estate Course 3 Exam Practice

An owner of a 58-foot frontage vacant lot wants to build a single-family home, but the zoning bylaw requires a minimum of 60-foot frontage. What can the owner do?

1. The owner of the vacant land will not be able to build his new home, as the property does not meet the zoning requirements.

2. If the owner applies to a committee of adjustment, the decision would weigh entirely on whether or not the two-foot variance is minor.

3. The owner can construct the single-family home, as the lot frontage variance is less than three feet.

4. The owner may successfully obtain approval from the committee of adjustment, depending on various planning/zoning considerations.

5. The owner should request a zoning exception from the municipal council directly.

6. The owner needs to acquire additional land to meet the minimum frontage requirement.

The correct answer is: The owner may successfully obtain approval from the committee of adjustment, depending on various planning/zoning considerations.

The most appropriate course of action for the owner of the 58-foot frontage lot, who wishes to build a single-family home despite the zoning bylaw requiring a minimum of 60 feet, would involve applying to the committee of adjustment for a variance. The outcome of such an application would depend on various planning and zoning considerations that the committee evaluates, such as the nature and purpose of the zoning bylaw, the uniqueness of the property, and whether granting the variance would cause any adverse effects on the surrounding area. This process recognizes that in certain circumstances, such as the minor nature of the variance (in this case, a two-foot difference), there can be flexibility in zoning regulations. The committee of adjustment typically assesses whether the variance is minor, how it aligns with the intent of the zoning bylaw, and weighs public input and potential impacts. If these factors are favorable, the committee may grant permission to proceed with the construction despite not fully meeting the dimensional requirements. Other responses suggest options that either overlook the possibility of obtaining a variance or impose unnecessary restrictions without considering the established process for variances, making them less suitable for the owner's situation.