Humber/Ontario Real Estate Course 4 Exam Practice

If a homeowner discovers an error in property setbacks after purchase, what is the advisable course of action?

1. Alter the property to meet setback requirements

2. Consult a local real estate lawyer

3. Seek a minor variance from the adjustment committee

4. File for construction permit reapproval

5. Take legal action against the previous owner

6. Request a zoning exception

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

The recommended course of action, in this case, is to seek a minor variance from the adjustment committee. This approach is advisable because a minor variance provides a formal process through which a homeowner can request permission to deviate from certain zoning bylaw requirements, such as property setbacks. The adjustment committee reviews applications for minor variances to determine if the changes requested align with the intent of the zoning bylaws while also considering the specific circumstances of the property. If the committee believes that granting the variance would not negatively impact the surrounding community or violate the purpose of the zoning laws, they may approve the request. This process is typically designed to address small discrepancies without requiring extensive new construction or legal disputes. Addressing setback issues through the variance process is preferable to altering the property without authorization or embarking on a lengthy legal battle against the previous owner—both of which can be costly and may not resolve the issue effectively. Seeking legal advice can be informative, but it is not as direct or targeted as pursuing a minor variance specifically aimed at resolving setback issues.