Humber/Ontario Real Estate Course 2 Exam Practice

When a builder constructs a residential home that encroaches on the street, what is the most prudent action for the homeowner?

1. File a variance request with the Committee of Adjustment

2. Ignore the issue as it predates their ownership

3. Contact the local planning tribunal

4. Modify the front of the building to comply with zoning laws

The correct answer is: File a variance request with the Committee of Adjustment

When a builder constructs a residential home that encroaches on the street, the most prudent action for the homeowner would be to file a variance request with the Committee of Adjustment. Filing a variance request with the Committee of Adjustment is essential in this situation because it allows the homeowner to seek permission to deviate from the requirements of the zoning by-law regarding the encroachment issue. This process provides the homeowner with the opportunity to outline the circumstances and request permission to keep the encroaching structure as is. Option B, ignoring the issue as it predates their ownership, is not a recommended course of action as the encroachment issue remains unresolved and could potentially cause legal or financial complications for the homeowner in the future. Contacting the local planning tribunal, as mentioned in option C, may not be the most direct or appropriate action in this case, as the Committee of Adjustment typically handles variance requests relating to zoning issues. Modifying the front of the building to comply with zoning laws, as stated in option D, may be a solution for some cases but is not always feasible or necessary if a variance can be obtained.