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A property owner wants to build a deck that exceeds the maximum lot coverage permitted in their residential zone. What is the most appropriate course of action?

Correct Answer

D) Apply to the Committee of Adjustment for a minor variance

A Committee of Adjustment has the authority to grant minor variances from zoning bylaw requirements when the variance is minor in nature, desirable for appropriate development, and maintains the general intent of the zoning bylaw and Official Plan. This is the standard process for small deviations from zoning requirements.

Answer Options
A
Proceed with construction and apply for retroactive approval, as decks are minor
B
Request a zoning bylaw amendment from municipal council
C
File an appeal directly with the provincial planning tribunal
D
Apply to the Committee of Adjustment for a minor variance

Why This Is the Correct Answer

Option D is correct because Committees of Adjustment across Canadian provinces have statutory authority to grant minor variances from zoning bylaw requirements. Under provincial planning legislation (such as the Planning Act in Ontario, Municipal Government Act in Alberta, and Local Government Act in BC), these committees can approve small deviations when four tests are met: 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 is typically considered a minor variance suitable for this process.

Why the Other Options Are Wrong

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Key Terms

Committee of Adjustmentminor variancelot coveragezoning bylawplanning approval
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