HomeMy WebLinkAboutDSD-2022-406 - Limiting Distance Agreement with the Owner of 17 Benton St. and the Corporation of the City of Kitchener
Development Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: September 12, 2022
SUBMITTED BY: Mike Seiling, Director of Building, 519-741-2200 ext. 7669
PREPARED BY: Jennifer Young, Municipal Building Official, 519-741-2200 ext. 7848
WARD(S) INVOLVED: 9
DATE OF REPORT: August 9, 2022
REPORT NO.: DSD-2022-406
SUBJECT: Limiting Distance Agreement with the Owner of 17 Benton St. and
the Corporation of the City of Kitchener, pursuant to Div. B, 3.2.3.1.(11) of the Ontario
Building Code.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the registered
owner(s) of Plan 364 Part Lot 4, Part Lot 5, Plan 394, Part Lot 38, RP58R-2490 Part 1,
Known as 17 Benton St., pursuant to Div. B Section 3.2.3.1.(11) of the Ontario Building
Code, said agreement to permit the construction of the new exterior openings 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 394, Part Lot 38, known
as Oktoberfest Platz
REPORT HIGHLIGHTS:
The purpose of this report is to seek council authorization to allow a limiting distance to
permit more openings on the side of the building facing a public park.
The financial implications are none.
Community engagement is none.
This report supports the delivery of core services.
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 openings within the existing wall face,
with more unprotected openings in the South sidewall facing adjacent City property than the
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available limiting distance will allow. This would allow a more attractive leasable spaces
within the building. In this instance 1.4 metres (4.6 feet) is required but the existing wall face
sits right along the property line.
The owner would like to allow 14% unprotected openings on this wall face. An additional
limiting distance of 1.4 metres onto the adjacent property would permit the existing
commercial building to be constructed with 14% unprotected openings presently shown on
the construction drawings. Staff are supportive of this change due to the public park being
adjacent to the site.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications to this report.
COMMUNITY ENGAGEMENT:
INFORM
Council / Committee meeting.
REPORTS/AUTHORITIES:
N/A
APPROVED BY: Justin Readman, General Manager, Development Services
ATTACHMENTS:
Attachment A Key Plan and Elevation
Site Plan Existing Building at 17 Benton St., adjacent Oktoberfest Platz
Elevation of wall face facing Charles St. E. showing proposed new openings