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A homeowner wants to build a deck that exceeds the maximum lot coverage permitted in their residential zone. What should they apply for?

Correct Answer

D) Minor variance

A minor variance is sought from the Committee of Adjustment when a proposed development doesn't comply with specific zoning requirements but the deviation is considered minor in nature. The Committee evaluates whether the variance maintains the general intent of the zoning bylaw.

Answer Options
A
Building permit only
B
Official Plan amendment
C
Environmental assessment
D
Minor variance

Why This Is the Correct Answer

Option D is correct because exceeding maximum lot coverage is a minor deviation from zoning requirements that falls under the Committee of Adjustment's jurisdiction. Under provincial planning legislation like Ontario's Planning Act, the Committee of Adjustment has authority to grant minor variances when the proposal meets four tests: the variance is minor, desirable for appropriate development, maintains the general intent of the zoning bylaw, and maintains the general intent of the Official Plan. A deck exceeding lot coverage typically qualifies as a minor variance rather than requiring more extensive approvals.

Why the Other Options Are Wrong

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Key Terms

minor varianceCommittee of Adjustmentlot coveragezoning bylawplanning hierarchy
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