HomeMy WebLinkAboutCSD-12-062 - Limited Distance Agreement - The BoardwalkS~a~F Re opt
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REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: April 16, 2012
SUBMITTED BY: Mike Selling, Director of Building (519-741-2669)
PREPARED BY: Tim Benedict, Manager of Building (519-741-2645)
WARD(S) INVOLVED: 7
DATE OF REPORT: March 30, 2012
REPORT NO.: CSD-12-062
SUBJECT: LIMITING DISTANCE AGREEMENT WITH OWNER OF
225 THE BOARDWALK, 295 THE BOARDWALK, AND THE
COPORATION OF THE CITY OF WATERLOO 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 225 The Boardwalk, 295 The Boardwalk, Kitchener, along with
the Corporation of the City of Waterloo; said agreement to be to the satisfaction of the
City Solicitor; and further,
That the Mayor and Clerk be authorized to sign on behalf of the Corporation of the City
of Kitchener, any future limiting distance agreements, where deemed necessary under
the Building Code and not pertaining to City of Kitchener owned lands; said
agreements to be 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 North wall (225 The Boardwalk) would require a 6.5 metres limiting distance from
the building face but only 0.02 metres are provided at the North-East corner, due to a recent
Plan of Condominium on the property and it's alignment with the municipal boundary.
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A limiting distance of 6.5 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 1
hour and 26% of the wall with unprotected openings. Since a limiting distance of 6.5 metres
brings the measurement to lands which are in the City of Waterloo, both municipalities have to
execute the Agreement.
Often, when these limiting distance agreements are deemed necessary, they are time sensitive
as the owners and/or developers are unable to obtain the necessary building permits until such
and agreement is in place and has been registered on title. By delegating authority to the
Mayor and Clerk to execute the required agreements, it will cut down on the time required to
wait for the next council meeting. The delegation only applies to lands within the municipality
which are not owned by the City of Kitchener. Should the lands involved be owned by the City
of Kitchener, a separate report will come before council for its consideration as the City would
be encumbering its lands.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This report aligns with Community Priority, Development which states "Our shared vision is for
Kitchener to be a community that has carefully planned its neighbourhoods and growth by trying
to attract specific types of growth, even if it means restricting some new developments."
Per strategic direction 1, this report is linked to/supports the critical elements of a healthy
community.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
N/A
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 6.5 metres from the building face onto the adjacent property. The adjacent lands
being used to achieve the required limiting distance are proposed to be a parking/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.
Further, it would be appropriate to delegate authority to the Mayor and Clerk to sign future
limiting distance agreements, when City of Kitchener lands are not involved.
ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO
Community Services
ATTACHMENTS:
Key Plan, Survey
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Key Plan -Limiting Distance Agreement between 225 The Boardwalk and 295 The Boardwalk
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