HomeMy WebLinkAboutCSD-14-094 - Limiting Distance Agreement - 58 Howe Dr Staff Report
I rTC'.�► t .R Community Services Department wmkitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: September 8, 2014
SUBMITTED BY: Mike Seiling, Director of Building (519-741-2200, ext. 7669)
PREPARED BY: Mandy Harris, Municipal Building Official (519-741-2200, ext. 7835)
WARD(S) INVOLVED: 6
DATE OF REPORT: August 12, 2014
REPORT NO.: CSD-14-094
SUBJECT: LIMITING DISTANCE AGREEMENT WITH THE OWNER OF 58 HOWE DRIVE
AND THE COPORATION OF THE CITY OF KITCHENER, PURSUANT TO DIV.
B, 9.10.14.2.(4) OF THE BUILDING CODE
RECOMMENDATION: That the Mayor and Clerk be authorized to execute a limiting
distance agreement with the registered owner(s) of Pt Lot 47, known as 58 Howe Drive,
pursuant to Section 9.10.14.2.(4) of the Building Code; said agreement to permit a
stacked townhouse with the limiting distance for the construction of the exposing
building face being measured to a point beyond the property line on the adjacent
property, Block 44 Registered Plan 58M-442, known as Park ID 2305 (City of Kitchener
Windale Park), to the satisfaction of the City Solicitor.
BACKGROUND:
The Building Code limits the type of construction in exterior walls in relation to the property line
to reduce the potential for fire spreading to adjacent buildings, existing or proposed. However,
Div. B, Sec. 9.10.14.2.(4) of the Building Code does permit an increase in the limiting distance
for the type of construction of the exposing building face 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 has submitted a building permit to construct a new 12 unit
stacked townhouse. The owner of the proposed stacked townhouse would like to construct the
building with combustible construction (2x6 wood studs and stone veneer and asphalt shingles
on the third floor and incorporate a mansard roof). The request for combustible cladding is
along the North West, or rear building face. This elevation faces the City of Kitchener Windale
Park owned by the City of Kitchener. The building requires a setback of 3.7m for combustible
cladding. The distance from the rear of the building to the rear property line is 2.2m; therefore
the agreement is for 1.5m. The owner is requesting City approval to allow combustible cladding
on this wall, to match the appearance of the other three wall faces of the building. An additional
limiting distance of 1.5m onto the adjacent property would permit the proposed building to be
constructed with combustible cladding.
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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:
INFORM - This report has been posted to the City's website with the agenda in advance
of the council / committee meeting.
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 1.5m from the property line onto the adjacent property. The adjacent lands
requested to achieve the required limiting distance will become park land owned by the City of
Kitchener. The City of Kitchener Parks, Engineering and Planning Divisions along with the
Ministry of Transportation of Ontario have confirmed that they have no concerns with the
proposed 1.5 meter easement. Therefore, it is in order to authorize the Mayor and Clerk to
execute an agreement pursuant to 9.10.14.2.(4) of the Building Code and to the satisfaction of
the City Solicitor
ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department
ATTACHMENTS
- Site Plan
- Elevation
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