Humber/Ontario Real Estate Course 3 Exam Practice

What is the best strategy for Owner Abadi to build his garage with a width less than municipality requirements?

1. Ask the municipality for a minor variance.

2. Negotiate an encroachment agreement with the neighbor.

3. Make application for a non-conforming use.

4. The driveway's existence automatically permits garage construction.

The correct answer is: Ask the municipality for a minor variance.

In this scenario, the best strategy for Owner Abadi to build his garage with a width less than municipality requirements is to ask the municipality for a minor variance (Option A). A minor variance allows a property owner to deviate slightly from the existing zoning by-laws for a specific project. By requesting a minor variance, Owner Abadi can seek approval from the municipality to build the garage with a width that does not meet the standard requirements. This approach is often the most practical and feasible way to proceed in such cases. The other options are not as suitable in this situation: - Negotiating an encroachment agreement with the neighbor (Option B) might not be the best solution as it involves entering into a legal agreement with the neighboring property owner, which may not always be feasible or in Owner Abadi's best interest. - Making application for a non-conforming use (Option C) typically pertains to the existing structures or uses that do not comply with current zoning by-laws. This option is not directly related to constructing a new garage with dimensions different from the municipality requirements. - The statement that the driveway's existence automatically permits garage construction (Option D) is not accurate since the mere presence of a driveway does not override the municipality's