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Collins v. Board of Adjustment

Decided: July 1, 1949.

MARIAN COLLINS AND JOHN F. WYLIE, PLAINTIFFS,
v.
BOARD OF ADJUSTMENT OF THE CITY OF MARGATE AND R. BAYNE WILLIAMS, BUILDING INSPECTOR AND ENFORCEMENT AGENT OF THE ZONING ORDINANCE OF MARGATE CITY, NEW JERSEY, DEFENDANTS



Lloyd, Jr., J.s.c.

Lloyd

This is an action brought pursuant to rule 3:81. The court finds, under the proofs, the following facts:

1. On September 18, 1930, a zoning ordinance was adopted by the City Commissioners of the defendant Margate City, the pertinent parts of which are:

Section 1 (b). Lot. A lot is a parcel of land, the location, dimensions and boundaries of which are determined by the latest official record.

(t) Accessory Building. An accessory building is a building which is subordinate and accessory to a main building on the same lot. No accessory building shall be used for any other purpose than a garage, playhouse or greenhouse.

Section 4 (h) Limitations on Accessory Buildings.

1. No accessory building in any zone shall be over two stories high and none which is erected in a DWELLING Zone shall be more than one story high.

2. No accessory building less than two stories in height shall be used for residence purposes, and no accessory building over one story in height shall be used for residence purposes except by domestic employees of the tenant or of the owner of the premises.

2. On March 15, 1938, Lorna Wylie, wife of plaintiff John F. Wylie, became owner of Lot 44, Block 207-A, on the Tax Map of Margate City.

3. Sometime in April, she erected on said lot, a single dwelling and an accessory building being a garage and living quarters.

4. Said lot is in Dwelling "A" Zone of said ordinance.

5. On September 18, 1945, the adjoining lot, No. 43, was purchased by plaintiff John F. Wylie ...


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