HomeMy WebLinkAboutDTS-06-163 - Limiting Distance Agreement - 431 Deer Ridge Dr & Adjacent City of Kit Property1
Kd LR
Development&
Technical Services
6 REPORT
Report To: Development and Technical Services Committee
Date of Meeting: November 20, 2006
Submitted By: Robert Schipper, Manager of Building, Deputy Chief Building
Official, Ext. 2836
Prepared By: Patrick Meagher, Ext. 2849
Ward(s) Involved: Ward 3
Date of Report: November 2, 2006
Report No.: DTS 06 -163
Subject: LIMITING DISTANCE AGREEMENT WITH OWNER OF 431
DEER RIDGE DRIVE AND ADJACENT CITY OF
KITCHENER PROPERTY, PURSUANT TO SECTION
9.10.14.12.(5) OF THE ONTARIO BUILDING CODE
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the registered
owner(s) of Part Block 6, Registered Plan 58M -270, designated as Part 30 on Reference
Plan 58R- 14077, known as 431 Deer Ridge Drive, pursuant to Section 9.10.14.12.(5) of the
Ontario Building Code, said agreement to permit the construction of a new single family
home with the limiting distance for the exposing building face being measured to a point
beyond the property line on the adjacent property, described as Block 11 on Registered
Plan 58M -270, Being an open space block fronting on Deer Ridge Drive.
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 9.10.14.12.(5) 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 a two storey single family home with more
unprotected openings in the East sidewall facing the City of Kitchener property, than the
available limiting distance will allow. In this instance 3.0 meters are required. Due to the angle of
the property line, the setback provided decreases from 3.92 meters at the front east corner to
1.28 meters towards the rear of proposed building.
The owner would like to allow 11.5% unprotected openings on this wall face, but the current
limiting distance only allows 7% unprotected openings. Therefore, an additional limiting distance
of 4.1 meters at the north building plane, decreasing to a point on the property line, forming a
triangular section onto the adjacent property would permit the proposed building to be
constructed with 11.5% unprotected openings presently shown on the design drawings (see
attached plan).
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 4.1 meters as outlined above onto the adjacent property. The adjacent land being
used to achieve the required limiting distance is currently a storm water management pond
owned by the City of Kitchener 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
9.10.14.12.(5) of the Building Code.
Patrick Meagher, AscT
Municipal Building Official
Rober Schipper, AscT, CBCO
Deputy Chief Building Official