Humber/Ontario Real Estate Course 3 Exam Practice

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What is the likely course of action for a homeowner whose house was built one foot too close to the street?

  1. Adjust the front of the house to meet zoning requirements

  2. Ignore the error since it was made before their ownership

  3. Seek approval for a minor variance from the committee of adjustment

  4. Apply to the Local Planning Appeal Tribunal

  5. Consult a property lawyer for potential solutions

  6. Consider relocating the house to adhere to zoning laws

The correct answer is: Seek approval for a minor variance from the committee of adjustment

The most viable course of action for a homeowner whose house is built one foot too close to the street is to seek approval for a minor variance from the committee of adjustment. A minor variance is a common legal remedy for property owners facing zoning issues, allowing them to request a deviation from specific zoning bylaw requirements when they can demonstrate that the variance will not negatively impact the surrounding properties or alter the character of the neighborhood. In this situation, the homeowner can present their case to the committee, showcasing reasons why granting the variance is appropriate, such as the uniqueness of the property, the nature of the street, or existing conditions that support the request. Approvals for minor variances are typically granted for minor deviations and when the homeowner has provided adequate justification. Other actions might involve higher costs, time, or complexity, making them less practical for this situation. Adjusting the front of the house could be impractical or impossible depending on the construction or design limitations. Ignoring the issue could result in potential legal problems or enforcement actions taken by local authorities. Applying to the Local Planning Appeal Tribunal is usually a step taken after local approval has been denied, making it a less immediate option. Consulting a property lawyer can be beneficial for understanding rights and strategies but is not a

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