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HomeMy WebLinkAboutDTS-07-046 - Limiting Distance Agreement - 299 Trillium Dr & Adjacent City of Kitchenre Lands~ ~, ~ T~ E Development & Technical Services Report To: Christina Weylie, Development and Technical services Committee Date of Meeting: April 2, 2007 Submitted By: Mike Selling, Acting Director/Chief Building Official, Ext. 2669 Prepared By: Craig Waller, Acting Manager of Building, Ext. 2428 Ward(s~ Involved: 3 Date of Report: March 13, 2007 Report No.: DTS 07-046 Subject: LIMITING DISTANCE AGREEMENT WITH OWNER OF 299 TRILLIUM DRIVE AND ADJACENT CITY OF KITCHENER LANDS, PURSUANT TO DIVISION B, SECTION 3.2.8.1(8) OF THE BUILDING CODE. RECOMMENDATION: That the Mayor and Clerk be authorized to execute an agreement with the registered owner of Plan 1478 LOT 14 PT LTS 3&4 RP58R502 Part 1 RP58R2588 Part 1 RP58R5010 Part 3 RP58R5455 Parts 1 & 2, known as 299 Trillium Drive, pursuant to Div. B, Sec. 3.2.8.1 ~8} of the Building Code, said agreement to permit the construction of a Storage Building with the limiting distance for the exposed building face being measured to a point beyond the property line on the adjacent property, PL1471 PTLT16 PL147$ PT LTS 3&4 PT Bechtels TCT RP58R 7008 PTS 8-10 known as Strasburg Creek. BACKGROUND: The Building Code limits the number of unprotected openings (ie windows and doors) in exterior walls and prescribes the type of construction of exterior walls to reduce the potential for fire spreading to adjacent buildings, existing or proposed. However, Div. B, Sec. 3.2.8.1(8) 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 owner of the subject lot wishes to construct a single storey storage building with a less restrictive wall construction in the West and South wall facing Strasburg Creek than the available limiting distance would allow. In the instance of the West walla 20 metre limiting distance is required were 7.5 metres is proposed, and in the South walla 14m limiting distance is required were 7.5 metres is proposed. FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: N/A CONCLUSION: Building Staff have reviewed this request and have no concerns with the additional limiting distance of 12.5 metres for the West face and 6.5 metres for the South face onto the adjacent property. The adjacent lands being used to achieve the required limiting distance are currently owned by the City of Kitchener and there are no buildings or structures in this area. Also, the lands contain a small pond for storm water collection and a tributary, all regulated under the authority of the Grand River Conservation Agency which would not permit any development in the lands. Therefore, it is in order to authorize the Mayor and Clerk to execute an agreement pursuant to Division B, Section 3.2.3.1 ~8} of the Building Code. Craig Waller, AScT, CBCO Acting Manager of Building Mike Selling, CET, CBCO Acting Director/Chief Building Official