The appellant, J. Michael Evans, appealed the refusal of building and septic permits for Harry Island in the Township of Muskoka Lakes.
The court found that Evans failed to establish a legal nonconforming residential use of the boathouse on Harry Island, as there was no evidence of actual residential use or intention to continue such use since the 1920s or 1930s.
The court also held that the chief building official did not have discretion under the zoning bylaw to deem the undersized island to conform.
However, the court allowed the appeal regarding the septic permit, finding that compliance with the Building Code superseded the municipal bylaw’s setback requirement.
