A property owner wants to build a deck that exceeds the maximum permitted size in their residential zone. What is the most appropriate course of action?
Correct Answer
D) Apply for a development permit variance or minor variance
When a proposed development doesn't fully comply with zoning requirements but represents a minor deviation, the appropriate process is to apply for a development permit variance or minor variance. This allows the municipality to consider the specific circumstances and grant permission for small departures from zoning standards.
Why This Is the Correct Answer
Option D is correct because development permit variances or minor variances are the established legal mechanism for obtaining approval for small deviations from zoning requirements. Provincial planning legislation across Canada provides municipalities with authority to grant these variances when the proposed development meets specific criteria, such as maintaining the general intent of the zoning bylaw and being desirable for appropriate development. This process allows for flexibility while maintaining planning integrity and ensures proper public notice and consideration of potential impacts on neighboring properties.
Why the Other Options Are Wrong
Deep Analysis of This Land Use & Planning Question
Background Knowledge for Land Use & Planning
Memory Technique
Exam Tip for Land Use & Planning
Real World Application in Land Use & Planning
Common Mistakes to Avoid on Land Use & Planning Questions
Key Terms
More Land Use & Planning Questions
Under Ontario's Planning Act, what is required for most major residential subdivisions before lots can be sold to individual purchasers?
What is an Official Community Plan (OCP) in British Columbia?
In British Columbia, what is a local government's board of variance primarily responsible for?
A developer wants to build a 20-unit townhouse complex that requires connecting to municipal water and sewer systems. Beyond zoning compliance, what additional approval process would typically be required?
Under Alberta's Surface Rights Act, what is the primary function of the Land and Property Rights Tribunal?
- → A homeowner wants to build a deck that exceeds the maximum lot coverage permitted in their residential zone. What should they apply for?
- → A property owner receives a stop-work order from the municipality during construction. What is the most likely reason for this action?
- → What is the typical minimum setback requirement that might be found in a residential zoning bylaw?
- → A proposed industrial development is located near a wetland area. Which combination of approvals would most likely be required before construction can begin?
- → A property has been used for 15 years for a purpose that a later zoning by-law prohibits; the use was lawful when the by-law was passed. Under Ontario's Planning Act, how long does the by-law leave that use protected?
- → An Ontario owner wants to convert a detached house into two residential units. The lot is inside a settlement area, served by municipal water and sewage, and zoned for residential use, but the zoning by-law allows only one dwelling unit per house. There are no other buildings on the lot. What is the most appropriate course of action?
- → Under Ontario's Planning Act, how long does a minor variance approved by a committee of adjustment remain valid?
- → A property owner wants to build a garage that exceeds the maximum height allowed in their residential zone. What municipal body would typically hear their application for relief?
- → A municipality's Official Plan designates an area as 'Environmental Protection' but the zoning bylaw shows the same area as 'Residential.' A developer wants to build homes there. What legal principle determines the permissible use?
- → A developer wants to create a 50-unit residential subdivision on vacant land. Which approval process would typically be required first?
People Also Study
Real Property Law
60 questions
Contracts & Agreements
60 questions
Agency & Professional Ethics
60 questions
Mortgage & Real Estate Finance
60 questions
Related Study Resources
Helpful Resources
Previous Question
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?
Next Question
A property owner wants to build a deck that extends slightly into the required side yard setback. What municipal body would typically hear their application for relief?