Resort Municipality appeals IRAC ruling on walkway

Ryan Ross
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Business owner wants to build barrier-free walkway in Cavendish

Island Regulatory and Appeals Commission

A fight over a wooden walkway in Cavendish will continue after the Resort Municipality filed an appeal of an Island Regulatory and Appeals Commission decision that allowed a business to build it.

The appeal is the latest in the back and forth between the municipality and Wood Wheeler Inc., which sought approval to build a wooden walkway for the 2012 tourist season.

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It required a variance, which the municipality didn’t grant.

Michael Wheeler, the company’s owner, said he wanted to build a barrier-free walkway in front of a building that housed several businesses, including the P.E.I. Dirt Shirt Factory.

He appealed council’s decision to IRAC and was successful.

The municipality filed its appeal to the P.E.I. Court of Appeal on April 24 seeking to have the IRAC decision set aside and council’s original decision restored.

In its notice of appeal, the municipality said IRAC made errors including that it failed to properly interpret the official plan and zoning and development bylaw, failed to consider relevant or applicable factors, and considered irrelevant or extraneous factors.

The municipality also said IRAC acted beyond the authority conferred on it by the Planning Act.

rross@theguardian.pe.ca

Twitter.com/ryanrross

 

Organizations: Island Regulatory and Appeals Commission, Resort Municipality, Wood Wheeler P.E.I. Court

Geographic location: Cavendish

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Recent comments

  • Get with times
    April 29, 2014 - 15:26

    What is the matter with a wooden boardwalk? Looks better that gravel. Please guys, there are many things to worry about..this is NOT one of them. The corner looks so much better, now if they could get that old service station fixed up!!

  • Great everybody sues everybody at Kangaroo Court
    April 29, 2014 - 14:10

    What a bunch of waste on legal fees and proceedings. More rules equates directly to more lawsuits. The lawyers love it, PEI has twice the per capita lawyers of Canada. Funny Eh?

  • don
    April 29, 2014 - 08:57

    it looks like the board is against people in wheel chairs. it is time the people boycott that whole area to let the voters know that they need to remove this so called board.

  • Despierto
    April 29, 2014 - 07:15

    The variance is an option, the Municipality wouldn't approve it for apparently illogical reasons but it seems IRAC, with a clear mindset saw the justification to allow the variance. At the end of the day better barrier-free access is provided which should have been the driving factor in the Municipality's initial decision.