PEI

Charlottetown orders Victoria Row eatery to remove structure

A pergola put up outside Fishbones Seafood House and Oyster Bar on Victoria Row, has come down by order of the city of Charlottetown — at least for now.

A pergola is typically an outdoor shaded archway made of vertical posts or pillars

The owner of Fishbones in Charlottetown installed this pergola on May 26, but was forced to remove it by the city. (Sarah MacMillan/CBC)

A pergola put up outside Fishbones Seafood House and Oyster Bar on Victoria Row,  has come down by order of the city of Charlottetown — at least for now.

A pergola is typically an outdoor shaded archway made of vertical posts or pillars supported by crossbeams. 

The Fishbones pergola went up on May 26, without a permit, said Alex Forbes, manager of planning and heritage for the city.

"There are some code issues there in regard to how that would work on the right of way," he said.  

'Intended to be temporary'

The city notified the business of the violation, Forbes said, and Fishbones appealed the decision, requesting that the structure remain in place for the 2019 summer season. That request was eventually denied by city council.

The bottom line was it went up without a permit. So now we're going through the process.— Kevin Murphy

Kevin Murphy, who owns the restaurant, said he didn't realize a permit was needed because the pergola was intended to be a temporary structure — to be put up at the beginning of the summer and taken down once the season ended.

Murphy said he was able to take the pergola down easily and has now applied for a permit. City council is currently considering the request.

'Creating atmosphere'

"Presuming we can come up with some solution … we will work with the applicant to determine if it can be achieved at that location and then we will take it back to council and they will eventually decide one way or the other," Forbes said.

"The bottom line was it went up without a permit. So now we're going through the process," Murphy said.

Kevin Murphy, the business owner, says he was able to take the pergola down easily and has now applied for a permit. City council is currently considering the request. (Sarah MacMillan/CBC)

About one year ago, the city removed two trees which stood in front of the restaurant on Victoria Row, Murphy said, and that spot is now bare and offers no shade for patrons in the summer months.

"We're trying to create a little more atmosphere on our deck that used to be there and it's not there anymore," he said.

If there are any issues with the permit request, Murphy said, he anticipates meeting with fire and public works officials to work out a solution.

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With files from Angela Walker