Humber/Ontario Real Estate Course 4 Exam Practice

If a property owner has a vacant lot with a 58-foot frontage, but the zoning bylaw requires a 60-foot frontage, what might be the outcome?

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

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

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

5. The owner can proceed with construction by applying for a zoning certificate.

6. The owner must reapply for a building permit after frontage is adjusted.

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

Obtaining approval from the committee of adjustment can be feasible when it comes to variances related to zoning bylaws. In this case, since the property owner has a vacant lot that falls short of the required frontage by just two feet, they may apply for a variance. The committee will assess whether this two-foot difference qualifies as a 'minor variance' in the context of zoning regulations. The committee typically evaluates the potential impacts of allowing the variance, looking at factors such as the character of the neighborhood, how the variance aligns with the intent of the zoning law, and any potential impacts on adjacent properties. If the committee finds that granting the variance would not significantly alter the character of the area or infringe upon land use principles, it is possible for the owner to receive approval, thereby allowing construction to proceed. Thus, the success of the application hinges on the specifics of local planning policies and how they interpret the notion of a 'minor' variance, which is why the correct response involves an approval process based on various planning considerations.