HomeMy WebLinkAboutDSD-2024-112 - Limiting Distance Agreement - 630 Benninger DrStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: March 25, 2024
SUBMITTED BY: Michael Seiling, Director of Building, 519-741-2200 ext. 7669
PREPARED BY: Leslie Collins, Municipal Building Official, 519-741-2200 ext. 7575
WARD(S) INVOLVED: 5
DATE OF REPORT: March 5, 2024
REPORT NO.: DSD -2024-112
SUBJECT: Limiting distance agreement with owner of 630 Benninger Dr, and
the corporation of the City of Kitchener pursuant to section 9.10.14.2.(4) Division B of the
Building Code.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute a limiting distance agreement with
the registered owner(s) of Block 132, Registered Plan 58M-642, known as 630
Benninger Dr, pursuant to Section 9.10.14.2.(4) of the Building Code: said agreement
is to permit 5 blocks of stacked townhouses with a limiting distance for the exposed
building face being measured to a point beyond the property line on to the adjacent
property, Block 134 Registered Plan 58M-642, known as 16 Nathalie St (City of
Kitchener stormwater management pond), to the satisfaction of the City Solicitor.
REPORT HIGHLIGHTS:
• The purpose of this report is for a limiting distance agreement with the City that will have
an easement placed on the stormwater management pond property.
BACKGROUND:
The Building Code limits the number of unprotected openings (i.e. windows and doors) in exterior
walls 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 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 builder of the subject property has applied for building permits to construct five - three storey
stacked townhouses. The developer of this site would like to increase the openings beyond what is
permitted by the Building Code. The request for increased unprotected openings is along the
southwest elevations that face the stormwater pond owned by the City of Kitchener. The increased
unprotected openings requires the setback of 4.1 metres, where a setback of 1.76 to 2.33 metres is
proposed. The developer would like the city to allow for 31.5% to 52.85% of unprotected openings
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on this wall face. The current limiting distance would only allow for 9.3% to 12.6% unprotected
openings. An additional limiting distance of 1.77 metres to 2.34 metres onto the adjacent property
would permit the proposed building to be constructed with 31.5% to 52.85% unprotected openings.
Building staff have reviewed this request and have no concerns with the additional openings within
a distance of 1.77 metres to 2.34 metres from the property line onto the adjacent property. The
adjacent lands being used to achieve the required limiting distance is being used as a stormwater
management pond for the subdivision and owner by the City of Kitchener. There are no buildings
on this site currently. The Director of Sanitary & Stormwater Utility was consulted during the site
plan review process and confirmed that there is no current plans for any development in the area
of the proposed easement.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Justin Readman, General Manager Development Services
ATTACHMENTS:
Attachment A — Onpoint map showing stormwater management pond
Attachment B — Site Grading plan
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Attachment A — Onpoint map showing stormwater management pond
--24 AOALIE
129
717 {
\Ivx
1.88m
Proposed SWM pond E >�
1.99m�
lit
Propose
Easement 2.14m
ti 2.24m�
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Attachment B — Site Grading plan
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Proposed Easement =
Blue shaded area - min
1.77m to max. 2.24.
P -paned Easement -
Blue Shaded area - min
1.77m to max. 2.24m
4.1m -
dl from edge of
to outside of
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