The applicant appealed the Township's refusal to issue a building permit for an accessory building on his waterfront property.
The Township argued the proposed building violated front yard setback requirements, despite being located in the side yard, because the applicant's grandfathered cottage was closer to the water than current standards allow.
The Superior Court of Justice applied a correctness standard of review and found the Township erred in its interpretation of the zoning by-law.
The court held that the by-law expressly permits accessory buildings in the side yard and that front yard requirements do not apply to side yard constructions.
The appeal was allowed and the permit was ordered to be issued.
