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

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

The correct answer is Minor variance from the Committee of Adjustment. Option B 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.

Q: What background knowledge is needed for this Land Use & Planning question?

The Committee of Adjustment is a quasi-judicial tribunal with authority to grant minor variances, consent for severances, and hear appeals. Minor variances allow small deviations from zoning requirements when four statutory tests are met. Lot coverage refers to the percentage of lot area covered by buildings and structures. Zoning bylaws establish maximum lot coverage to ensure adequate open space, drainage, and neighbourhood character. The planning hierarchy flows from Provincial Policy Statement to Official Plans to zoning bylaws, with each level providing more specific regulations. Understanding this hierarchy helps determine the appropriate approval process for development proposals.

Q: What is a good way to remember the answer to this Land Use & Planning question?

Remember MINOR: M-inor in nature, I-ntent of zoning maintained, N-ot requiring Official Plan change, O-nly small deviations, R-easonable for appropriate development. Think of it as asking for a 'minor favor' from the Committee - small requests that don't break the rules' spirit. When you see questions about small zoning deviations (setbacks, coverage, height), think MINOR. If it's a small deviation that doesn't change the fundamental character or use, it's likely a minor variance. Major changes need Official Plan amendments.

Q: What exam tip applies to this Land Use & Planning question?

Look for keywords like 'exceeds,' 'minor deviation,' or specific measurements that suggest small zoning violations. Minor variances handle small numerical deviations from zoning requirements, while Official Plan amendments handle major land use changes.

Q: How does this Land Use & Planning concept apply in real world practice?

A client wants to build a 200 sq ft deck that would increase their lot coverage from the permitted 35% to 37%. As their agent, you'd advise them to apply for a minor variance from the Committee of Adjustment. The application would include site plans, neighbour notification, and demonstration that the variance meets the four tests. The Committee would consider factors like neighbourhood compatibility, drainage impacts, and whether the additional 2% coverage maintains the zoning bylaw's intent to preserve open space and neighbourhood character.

Question

Land Use & PlanningDevelopment ApprovalsEASY

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

Answer Options

A

Building permit only

B

Minor variance from the Committee of Adjustment

C

Official Plan amendment

D

Environmental assessment