HomeMy WebLinkAboutDTS-07-072 - Limiting Distance Agreement - 3i82 & 386 Sienna Cres~ ~, ~
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Development &
Technical Services
Report To: Development and Technical Services Committee
Date of Meeting: May 7, 2007
Submitted By: Robert Schipper, Manager of Building, Deputy Chief Building
Official, Ext. 2836
Prepared By: Patrick Meagher, Ext. 2849
Ward(s~ Involved: Ward 4
Date of Report: March 23, 2007
Report No.: DTS 07-072
Subject: LIMITING DISTANCE AGREEMENT WITH OWNER OF 386
SIENNA CRESCENT AND OWNER OF 382 SIENNA
CRESCENT, PURSUANT TO SECTION 9.10.15.2.(4) OF
THE ONTARIO BUILDING CODE
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the registered
owner(s) of Lot 26, Registered Plan 58M-339, known as 386 Sienna Crescent, pursuant to
Section 9.10.15.2.(4} of the Ontario Building Code, said agreement to permit a 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, and Lot 25, Registered Plan
58M-339, known as 382 Sienna Crescent, to the satisfaction of the City Solicitor.
BACKGROUND:
The Building Code requires a 45 minute fire resistance rating and does not permit unprotected
openings (ie: windows and doors) where a limiting distance to a wall face is less than 1.2
meters. The purpose is to reduce the potential for fire spreading to adjacent buildings, existing
or proposed. A house was constructed at 386 Sienna Crescent and due to an error in
foundation placement the limiting distance from the west sidewall to the property line is less
than 1.2 meters. Section 9.10.15.2.(4) of the Building Code allows a limiting distance to be
increased 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 386 Sienna Crescent has purchased and occupied a new two storey single family
home with a limiting distance to the west sidewall of 1.147 meters, facing the property at 382
Sienna Crescent. Since the west sidewall is not fire rated and contains less than 7%
unprotected openings, it requiresaminimum limiting distance of 1.2 meters.
The owner would like to increase the limiting distance from the west sidewall to conform with the
Ontario Building Code. Therefore, an additional limiting distance of 0.053 meters at the west
property line onto the adjacent property of 382 Sienna Crescent would legalize the constructed
building. The adjacent lot being used to achieve the required limiting distance is currently
owned by Westberry Homes Inc. and is vacant with a building permit application for a new
single family home. In process Westberry Homes has agreed to ensure that the limiting
distance for the proposed house at 382 Sienna Crescent will be measured to the point
established by the limiting distance agreement allowing the building at 386 Sienna Crescent to
conform with the Ontario Building Code.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 0.053 meters onto the adjacent property. The owners of both 386 and 382 Sienna
Crescent are in agreement to enter into the required Limiting Distance Agreement. Therefore, it
is in order to authorize the Mayor and Clerk to execute an agreement pursuant to Section
9.10.15.2.(4) of the Building Code and to the satisfaction of the City Solicitor.
Patrick Meagher, AscT
Municipal Building Official
Robert Schipper, AscT, CBCO
Deputy Chief Building Official
c.c. Terri Rau, Legal Services