Humber/Ontario Real Estate Course 4 Exam Practice

What should homeowner Green do to build a garage on a property that doesn't meet side yard width requirements?

1. Apply for a building permit extension

2. Acquire a non-conforming use application

3. Request a property lot merger from the neighbor

4. Appeal for a minor variance from the municipality

5. Consult a zoning commission for an approval waiver

6. Submit a construction survey adjustment

The correct answer is: Appeal for a minor variance from the municipality

To build a garage on a property that doesn't meet the required side yard width, the homeowner should appeal for a minor variance from the municipality. A minor variance allows property owners to obtain permission to deviate from the zoning by-law requirements. This means that even if the current property does not comply with the prescribed side yard width, an application for a minor variance can provide a legal avenue to proceed with the construction if the variance meets certain criteria, such as not adversely affecting the surrounding properties and being in line with the spirit of the zoning regulations. Acquiring a non-conforming use application is not relevant in this situation, as that typically pertains to properties already established with use that doesn't conform to current zoning, not for new construction. Likewise, a property lot merger with a neighbor would not be applicable unless there was interest from the neighbor and the merger was feasible. Consulting a zoning commission might be helpful for information but will not directly resolve the issue of zoning non-compliance. Submitting a construction survey adjustment doesn’t address the zoning issue at hand, as it typically pertains to demonstrating accurate property boundaries rather than seeking to modify zoning requirements. Seeking a building permit extension would not resolve the underlying zoning issue either, as the existing problem lies within the lot size and configuration