The applicants sought judicial review of a chief building official's decision to issue a building permit for a one storey accessory garage on an undersized beachfront lot lacking street frontage.
The court held the zoning bylaw was ambiguous because the lot did not face a street, making it impossible to determine the front and rear lot lines and applicable setbacks with certainty.
Applying a reasonableness standard and considering the official plan's waterfront aesthetics provisions, the court found the proposed structure was incompatible with the existing character of the area and should not have been permitted.
The decision issuing the permit was rescinded, with no order as to costs.
