21 Seabran, LLC v. Town of Naples

21 Seabran, LLC applied for two permits necessary to renovate a garage on a lakefront parcel. The Town of Naples Code Enforcement Officer denied the permits, concluding that the parcel would have insufficient shore frontage to comply with state and local law. The Town of Naples Board of Appeals denied 21 Seabran’s appeal, concluding that the proposed renovation would add to the parcel a second “residential dwelling unit” for purposes of the Town of Naples Shoreland Zoning Ordinance, which would render the parcel noncompliant. The superior court affirmed. The Supreme Judicial Court vacated the judgment, holding (1) the Board’s determination that the proposed structure was a residential dwelling unit was erroneous; and (2) the Board’s conclusion that the parcel failed to comply with the minimum lot size law and rules was erroneous. View "21 Seabran, LLC v. Town of Naples" on Justia Law