HomeMy WebLinkAboutCSD-13-022 - Limiting Distance Agmt - 244 River Birch St
REPORT TO:
Community and Infrastructure Services Committee
DATE OF MEETING:
March 18, 2013
SUBMITTED BY:
Mike Seiling, Director of Building (519-741-2200, ext. 7669)
PREPARED BY: Leslie Collins, Municipal Building Official (519-741-2200,
ext. 7575)
WARD(S) INVOLVED:
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DATE OF REPORT:
March 5, 2013
REPORT NO.:
CSD-13-022
SUBJECT:
LIMITING DISTANCE AGREEMENT WITH OWNER OF
244 RIVER BIRCH STREET AND THE COPORATION OF
THE CITY OF KITCHENER PURSUANT TO SECTION
9.10.15.2.(4) DIV. B OF THE BUILDING CODE
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a limiting distance agreement with the
registered owner(s) of Lot 49, Registered Plan 58M-422, known as 244 River Birch Street,
pursuant to Section 9.10.15.2.(4) of the Building Code; said agreement to permit a single
family home with the limiting distance for the exposing building face being measured to
a point beyond the property line on the adjacent property, Block 56 Registered Plan 58M-
422, known as 900 River Birch Court (City of Kitchener pumping station), 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 to reduce the potential for fire spreading to adjacent buildings, existing or
proposed. However, Div. B, Sec. 9.10.15.2.(4) 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 builder of the subject property has obtained a building permit to construct a new one storey
single family house. When the building permit was issued the number of openings was code
complaint. The builder/owner of the house would like to increase the openings beyond the
approved building permit. The request for increased unprotected openings is along the east
elevation facing the River Birch pumping station owned by the City of Kitchener. The increased
unprotected openings require a setback of 5.1 metres; only 3.045 metres are provided. The
owner would like the City to allow for 15.7% of unprotected openings on this wall face. The
current limiting distance only allows for 10% unprotected openings. An additional limiting
distance of 2.054 metres onto the adjacent property would permit the proposed building to be
constructed with 15.7% unprotected openings.
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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 2.054 metres from the property line onto the adjacent property. The adjacent lands
used to achieve the required limiting distance houses the River Birch pumping station, owned by
the City of Kitchener. The pumping station on the City owned land is located 16+ metres from
the west property line. The services to the pumping station enter the property from River Birch
Court and will not be near the proposed easement. Both City of Kitchener Operations and
Engineering Divisions have confirmed that there are no current plans for any development in the
area of the proposed easement. Therefore, it is in order to authorize the Mayor and Clerk to
execute an agreement pursuant to 9.10.15.2.(4) Div. B of the Building Code and to the
satisfaction of the City Solicitor.
ACKNOWLEDGED BY: Michael May, Deputy CAO
Community Services
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ATTACHMENT:
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