HomeMy WebLinkAboutCSD-15-060 - Limiting Distance Agreement - 917 Old Cottage Court Staff Report
I rTC'.�► t .R Community Services Department wmkitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: August 10, 2015
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: 1
DATE OF REPORT: July 16, 2015
REPORT NO.: CSD-15-060
SUBJECT: LIMITING DISTANCE AGREEMENT WITH THE OWNER OF 917
OLD COTTAGE CRT AND THE CORPORATION OF THE CITY OF
KITCHENER, PURSUANT TO DIV. B, 9.10.15.2.(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 Lot 6, Registered Plan 58M-513
known as 917 Old Cottage Court, pursuant to Section 9.10.15.2.(4) of the Building Code;
said agreement to permit a single detached dwelling 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 11 Registered Plan 58M-513, 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. 9.10.15.2.(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 builder of the subject property has applied for a building permit to construct a new two
storey single detached dwelling. The builder and owner of the house would like to increase the
number of unprotected openings beyond what is permitted by the 2012 Building Code for
aesthetic reasons. The request is to increase the unprotected openings along the North
elevation facing a public walkway (Block 11 of plan 58M-513). The public walkway is owned by
the City of Kitchener. To provide the number of unprotected openings (i.e. windows) proposed
by the applicant a setback of 3.71 metres is required. The applicant has provided a setback of
only 1.68 metres. The applicant would like the City to allow for 17.1% of unprotected openings
on the North wall face. The current limiting distance only allows for 8.4% unprotected openings.
***This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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An additional limiting distance of 2.03 metres onto the adjacent property (public walkway) would
permit the proposed building to be constructed with 17.1% unprotected openings.
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 2.03 metre from the property line onto the adjacent property. The adjacent land to
achieve the required limiting distance is a public walkway owned by the City of Kitchener. The
City of Kitchener Operations and Engineering staff has confirmed that they have no concerns
with the proposed 2.03 metre easement. Therefore, it is in order to authorize the Mayor and
Clerk to execute an agreement pursuant to 9.10.15.2.(4) of the Building Code.
ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department
ATTACHMENTS
- Site Plan
- Elevation
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ATTACHMENT:
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ATTACHMENT:
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