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.
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.