HomeMy WebLinkAboutCSD-11-088 - Limiting Distance Agreement - 25 and 51 BreithauptStaff Re ort
~ITCH~I`r?E~ X01111'1']~1111~~'$E1'V1[QS~~pQ~'~~T?~Q1~ w~+w.kitthenerca
REPORT TO: Committee of the Whole
DATE OF MEETING: June 27, 2011
SUBMITTED BY: Mike Selling, Director of Building (519-741-2669)
PREPARED BY: Tim Benedict, Manager of Building (519-741-2645)
WARD(S) INVOLVED: 10
DATE OF REPORT: June 22, 2011
REPORT NO.: CSD-11-088
SUBJECT: LIMITING DISTANCE AGREEMENT WITH OWNER OF
25 BREITHAUPT STREET AND OWNER OF 51
BREITHAUPT STREET, PURSUANT TO SECTION
3.2.3.1.(8) DIV B OF THE BUILDING CODE
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a limiting distance agreement with the
registered owners of 25 Breithaupt Street and 51 Breithaupt Street, Kitchener, to the
satisfaction of the City Solicitor.
BACKGROUND:
The Building Code limits the number of unprotected openings (i.e. 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 wishes to maintain the existing building openings which are closer
to the property line then the Building Code will allow without protection of these openings. In this
instance, the West wall (Building C) would require a 4.65 metres limiting distance but only 0.35
to 0.55 metres are provided.
An additional limiting distance of 4.65 metres onto the adjacent property would permit the
existing building to be maintained with the exposing building face to have afire-resistance rating
not less than 45 minutes and 40% of the wall with unprotected openings.
3-1
Staff Re ort
I~TC~~nT~~ CommunrtySer~rcesDepar~ment
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
N/A
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
N/A
CONCLUSION:
www.kitchenerca
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 4.65 metres onto the adjacent property. The adjacent lands being used to achieve
the required limiting distance are proposed to be a drive aisle 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.
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services
ATTACHMENTS:
- Key Plan
- Concept Elevation
3-2
Staff Re ort
I~TC~~nT~~ CommunrtySer~rcesDepar~ment
~, ,, ~~
~ _ -~~__
www.kitchenerca
..
__ I ....__-r y ..
r I,Md
_ -- ~ ~-~_
~~
aRElr~lnuar srsEEr
--=~~~~
r!
auILaING A t h in Entry,iikm~nity
urtyar~i Canrlyard
BUILQING G --' ` al1~ILC7ING E ~ aU1LQIHG G ,
a
VV raRKSwc rui c II aLIILQING b t3U~LQiNG F
a _ _ ~..~_ -, i
Key Plan -Limiting Distance Agreement required between Building A and Building C
r~,~ra~ ~r~.E~
Jt~' ~.
Concept Elevation - Building A and Building C
Km ~ g
3-3