HomeMy WebLinkAboutCSD-14-050 - Limiting Distance Agreement - 1440 King St E and City of Kitchener Staff Report
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REPORT TO: Community & Infrastructure Services Committee
DATE OF MEETING: June 9, 2014
SUBMITTED BY: Mike Seiling, Director of Building, 519-741-2200 ext. 7669
PREPARED BY: Rob Schipper, Manager of Building, 519-741-2200 ext 7836
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: May 21, 2014
REPORT NO.: CSD-14-050
SUBJECT: LIMITING DISTANCE AGREEMENT WITH THE OWNER OF
1440 KING ST. E., AND THE CORPORATION OF THE CITY
OF KITCHENER, PURSUANT TO DIV. B, 3.2.3.1.(11) OF
THE ONTARIO BUILING CODE
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the
registered owner(s) of Plan 657 Lot 68, Part Lots 56 — 57, Plan 58R4491 Part 4,
known as 1440 King Street East, pursuant to Section 3.2.3.1.(11) of the Ontario
Building Code, said agreement to permit the construction of new exterior
windows with the limiting distance for the exposing building face being measured
to a point beyond the property line on the adjacent City open park space, Plan
657 Lot 59, Part Lot 58, Plan 58R1889 Parts 1- 4, Part Lot 16 Subdivision of Lot 1
German Company Tract, Plan 58R5751 Part 3, known as Edmund Green.
BACKGROUND:
The Building Code limits the number of unprotected openings (ie: windows and doors)
in exterior walls to reduce the potential for fire spreading to adjacent buildings, existing
or proposed. However, Section 3.2.3.1.(11) of the Building Code does permit an
increased 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 construct new windows within existing exterior
wall face, with more unprotected openings in the West sidewall facing adjacent City
sidewalk, than the available limiting distance will allow. This would allow a more
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attractive leasable space within the building. In this instance 2.13 metres (7 feet) is
required but the existing wall face sits right along the property line.
The owner would like to allow 10% unprotected openings on this wall face, but the
current limiting distance does not allow any unprotected openings. An additional limiting
distance of 2.13 metres onto the adjacent property would permit the existing commercial
building to be constructed with 10% unprotected openings presently shown on the
design drawings.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
This proposal assists residents with having better buildings and attracting other
residents (ie: businesses) to make Kitchener their home. This aligns with the Kitchener
Strategic Plan Community Priority — Quality of Life.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
This item did not require consultation with the Community.
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional
limiting distance of 2.13 metres onto the adjacent property. The adjacent lands being
used to achieve the required limiting distance is currently a City sidewalk/path, 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.(11) of the
Building Code.
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services)
ATTACHMENTS:
Key Plan
Front elevation - Street level
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Key Plan — Existing Building at 1440 King St. E., adjacent Edmund Green park space
Area of wall face for proposed new windows
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