PAVING PROBLEMS
City of Charlottetown paves parking spaces in hotel parking lot amid confusion over public-right-of-way after guests injured
City of Charlottetown paves parking spaces in hotel parking lot amid confusion over public-right-of-way after guests injured
The City of Charlottetown stepped in to pave part of a parking lot on private property this week over concerns about public safety after some guests were injured getting out of their vehicles.
But, as it turns out, the city might actually own the land it paved.
The city moved on the issue after the matter became a liability issue when some guests of the Rodd Charlottetown Hotel tripped and fell getting out of their vehicles on a parking space located on the parking lot that corners Kent and Pownal streets.
Two parking spaces were paved, one for handicapped parking and one for able-bodied parking, although the handicapped spot has enough room for two vehicles.
“Recently, there was a couple of individuals that had some minor trip and falls and had a bit of an injury coming out of their vehicles,’’ said Scott Adams, assistant manager of Charlottetown’s public works department.
“Senior management here, in consultation with the hotel management staff, deemed it was necessary in the interest of public safety . . . to get this work done sooner rather than later. It was determined that city crews would go in and patch the holes.’’
That still raises the question of why the city corporation is paving the parking lot of a private business. However, there seems to be some confusion as to who owns the public right-of-way the hotel uses at the corner of Kent and Pownal streets.
“When it was brought to the city’s attention,’’ he said, referring to the injured guests, “we started to dig a little deeper and that’s when we noticed a discrepancy (in who owned the land). From the 1800s there is a survey that says the city actually has a public right-of-way of 100 feet, but the provincial land management registry says we only have a 60-foot right-of-way. So, the 100-foot right-of-way actually puts us right at the front door step of the hotel where the 60-foot right-of-way puts us just behind the sidewalk.’’
The city is currently in talks with a surveyor to undertake a study to figure out, once and for all, based on historical information, what the correct right-of-way is.
Adams said the city acted immediately to reduce liability, noting that paving the parking spaces will cost $700 and will be paid, in full, by the hotel, regardless of what the surveyor determines.
“It was in the interest of time with both parties. The hotel wanted to make sure the public was safe — and so did the city — and that was the agreement that both parties came to.’’
As for the other parking lot used by Rodd Charlottetown Hotel guests on Fitzroy Street, that is entirely city property.
“There is documentation on that. However, the hotel is 100 per cent responsible for the maintenance. Line painting would be (its responsibility), too.’’
Management at the hotel did not return a call seeking comment.