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A property owner in Ontario wants to build a deck that exceeds the required setback from the property line. Which body would they most likely need to approach for relief?

Correct Answer

D) Committee of Adjustment

The Committee of Adjustment is the quasi-judicial body that hears applications for minor variances from zoning bylaw requirements. A setback variance would typically fall under their jurisdiction as it involves relief from specific zoning provisions.

Answer Options
A
Municipal council
B
Conservation authority
C
Ministry of Municipal Affairs
D
Committee of Adjustment

Why This Is the Correct Answer

The Committee of Adjustment has statutory authority under Ontario's Planning Act to hear applications for minor variances from zoning bylaw requirements, including setback provisions. As a quasi-judicial body, they evaluate whether the variance meets the four tests: it's minor in nature, desirable for appropriate development, maintains the general intent of the zoning bylaw, and maintains the general intent of the official plan. Setback variances are among the most common applications they review.

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Key Terms

Committee of Adjustmentminor variancesetbackzoning bylawPlanning Act
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