Humber/Ontario Real Estate Course 2 Exam Practice

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Owner Wilson's property is slightly too narrow to build a new garage under current municipal rules. What should he apply for?

  1. A variance for non-conforming use

  2. An encroachment agreement with a neighbor

  3. A construction permit

  4. A zoning reclassification

  5. A major zoning change

  6. A minor variance from the municipality

The correct answer is: A minor variance from the municipality

Owner Wilson should apply for a minor variance from the municipality. A minor variance allows a property owner to request relief from specific zoning bylaws when strict compliance would cause undue hardship. In this case, where the property is slightly too narrow to build a new garage under current municipal rules, Wilson can apply for a minor variance to deviate slightly from the requirements and still proceed with building the garage. This option provides a specific solution tailored to the problem at hand. The other options are not suitable in this scenario: A. Applying for a variance for non-conforming use typically deals with existing land use that does not comply with current zoning bylaws. B. An encroachment agreement with a neighbor usually involves permissions related to structures or objects overlapping property lines. C. Applying for a construction permit is a standard requirement for construction, but it does not address the issue of the property being too narrow for the garage. D. A zoning reclassification is a broader and more permanent change to how the property is zoned, which may not be necessary for Wilson's situation. E. A major zoning change is a significant alteration to the zoning regulations of an area, usually impacting multiple properties, and is not necessary for a small adjustment like building a garage on a slightly narrow property.