HomeMy WebLinkAboutDTS-10-130 - Limiting Distance Agreement with Owners of 111 Bleams Rd and 115 Bleams Rd
REPORT
REPORT TO:
Development & Technical Services Committee
DATE OF MEETING:
June 21, 2010
SUBMITTED BY:
Mike Seiling, Director Building (519-741-2669)
PREPARED BY:
Craig Waller, Manager of Building (519-741-2428)
WARD(S) INVOLVED:
Ward 3
DATE OF REPORT: June 11, 2010
REPORT NO.:
DTS-10-130
SUBJECT:
LIMITING DISTANCE AGREEMENT WITH OWNERS OF
111 BLEAMS ROAD AND 115 BLEAMS ROAD, PURSUANT
TO SECTION 3.2.3.1.(8) DIV B OF THE BUILDING CODE.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the
registered owners of 111 Bleams Road (legally described as Lot 12, RCP 1489,
save and except Parts 1 – 7 on 58R-16775) and 115 Bleams Road (legally
described as Part Lot 12, RCP 1489, being Parts 1 – 7 on 58R-16775) pursuant to
Section 3.2.3.1.(8) Division B of the Building Code; said agreement to legalize the
existing building limiting distance of 15 metres created by the severance of 111
Bleams Road, and the agreement to be to the satisfaction of the City Solicitor.
BACKGROUND:
The Building Code limits the number of unprotected openings (ie windows and doors) in exterior
walls and prescribes the type of construction of exterior walls to reduce the potential for fire
spreading to adjacent buildings, existing or proposed. However, Div. B, Sec. 3.2.8.1(8) of the
Building code does permit an increase in the limiting distance for the number of unprotected
openings if an agreement has been entered into with the municipality and the adjacent property
owner to establish the point to which the limiting distance for an exposing building face shall be
measured beyond the property line.
REPORT:
The owner of the subject lot and the adjacent owner have entered into a legal severance,
placing 111 Bleams Road too close to the property line then the Building Code would allow
without constructing a fire resistance rating. In this instance, the south wall would require a 15
metre limiting distance, whereas the severance has provided 0 metres. A limiting distance of 15
metres onto the adjacent property would permit the building at 111 Bleams road to remain with
the exposing building face as constructed.
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FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
Building staff have reviewed this request and have no concerns with the severed lands having a
0 metre lot line and a limiting distance agreement of 15 metres onto the adjacent lands. The
adjacent lands on 111 Bleams Road being used to achieve the required limiting distance are
currently used as a parking lot and there are no buildings or structures in this area. Therefore,
it is in order to authorize the Mayor and Clerk to execute an agreement pursuant to Section
3.2.3.1.(8) Div B, of the Building Code. This agreement will be registered on title to both
properties.
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development & Technical Services Department
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