HomeMy WebLinkAboutCSD-13-046 - Limiting Distance Agmt - 269 & 299 Trillium Dr
REPORT TO:
Community and Infrastructure Services Committee
DATE OF MEETING:
May 27, 2013
SUBMITTED BY:
Mike Seiling, Director of Building (519-741-2200 ext. 7669)
PREPARED BY: Shaun Kempel, Municipal Building Official (519-741-2200
ext. 7423)
WARD(S) INVOLVED:
5
DATE OF REPORT:
April 29, 2013
REPORT NO.:
CSD-13-046
SUBJECT:
LIMITING DISTANCE AGREEMENT WITH OWNERS OF
299 TRILLIUM DR., AND 269 TRILLIUM DR. 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 299 Trillium Dr., pursuant to Section 3.2.3.1.(8) Div. B of the Building
Code, said agreement to permit the construction of an addition with the limiting distance
of the exposing building face being measured to a point beyond the property line on the
adjacent property, 269 Trillium Dr.; said agreement 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 property (299 Trillium Dr.) wishes to construct an addition with
allowable unprotected openings of 100%, no limitation on the type of construction (combustible
or non-combustible) and no requirement for a fire resistance rating on the North wall of the 2013
addition. In this instance the North wall would require a limiting distance of 15.0 metres from the
building face to the property line but only 4.9 metres is provided.
A limiting distance of 11.1 metres onto the adjacent property (269 Trillium Dr.) would permit the
North wall of the 2013 addition to have 100% unprotected openings, combustible or non-
combustible construction and no fire resistance rating. Currently both subject properties are
owned by the same owner.
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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 11.1 metres from the building face onto the adjacent property. The adjacent land
being used to achieve the required limiting distance is currently owned by the same owner and
has an industrial building on it located more than 70.0 metres from the rear property line
adjacent to 299 Trillium Dr. 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:
Michael May, Deputy CAO
Community Services
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