Humber/Ontario Real Estate Course 4 Exam Practice

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If a single-family home is built one foot too close to the street and the error is discovered after completion, what should the homeowner do?

  1. Apply to the Local Planning Appeal Tribunal

  2. Ignore the error, as it occurred before their ownership

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

  4. Consult the real estate agent involved in the purchase

  5. Shorten the front portion of the house

  6. File a lawsuit against the builder

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

Seeking approval for a minor variance from the committee of adjustment is the correct course of action for a homeowner in this situation. A minor variance is a legal way to adjust the requirements of zoning bylaws, especially when a property has been built in a way that slightly deviates from those requirements. This process recognizes that minor deviations might not cause significant issues regarding the neighborhood's character or property values. Obtaining a minor variance allows the homeowner to formally request permission to keep the structure as it is while demonstrating that the situation meets the criteria established for such variances. These typically include considerations like the nature of the variance, its potential impact on the neighborhood, and whether it represents an undue hardship for the owner. Engaging in discussions with the Local Planning Appeal Tribunal may not be necessary at this point unless the adjustment is denied or there are further disputes. Ignoring the issue could lead to future legal problems or enforcement actions. Consulting a real estate agent might yield helpful information but does not address the legal requirements directly related to the zoning issue. Altering the structure or pursuing litigation against the builder are more drastic measures and may not resolve the underlying zoning compliance issue effectively.