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Home My WebLink AboutDTS-07-109 - Limiting Distance Agreement - 404 King St W - 410 King St W & 45 Victoria St N~ ~, ~ T~ E Development & Technical Services Report To: Development and Technical Services Committee Date of Meeting: June 18, 2007 Submitted By: Robert Schipper, Manager of Building, Deputy Chief Building Official Prepared By: Robert Schipper, Ext. 2836 Ward(s~ Involved: Ward 1 Date of Report: June 8, 2007 Report No.: DTS 07-109 Subject: LIMITING DISTANCE AGREEMENT WITH OWNER OF 404 KING STREET WEST, 410 KING ST WEST AND 45 VICTORIA STREET NORTH, PURSUANT TO SECTION 3.2.3.1.(8) OF THE ONTARIO BUILDING CODE RECOMMENDATION: That subject to approval of Zone Change Application ZC05/08/K/TB and lifting of the Holding provision H9, and subject to the registration of condominium application 30CDM- 06205 thus creating a new property line between 404 King Street West and 410 King Street West, the IVlayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the registered owners} of what is currently known as 404 and 410 King Street West, pursuant to Section 3.2.3.1.(8} of the Ontario Building Code, said agreement to permit a six storey residential apartment building with the limiting distances for the exposing building face being measured to a point beyond the property line on the adjacent property, known as 45 Victoria Street North, said limiting distance measurements to be approved by the Chief Building Official, 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.(8) 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. In this particular case the Nlunicipahty is required to be a signatory to the agreement solely in its capacity as the regulatory body and not as an affected property owner, as this does not impact on any municipal property. REPORT: The owner of the subject lot wishes to convert the existing building into a condominium development (Application 30CD1VI-06205} creating through the condominium process a new property line to sever 404 King Street West from 410 King Street West. The first four floors of the building are existing, and the top fifth and sixth floors will be new construction. The West side of the property will be known as 410 King Street West, and the East side of the property will be known as 404 King Street Nest, as a result of the proposed new property line. The Northern portion of the property will remain as 45 Victoria Street North. The creation of the proposed new property line (see attached picture for reference) along a portion of the West side of the building, as well as the property line along a portion of the North side of the building (North side of building to be divided into portion `A' and portion `B' }, does not allow the current amount of unprotected openings in these wall faces. The owner would like to allow 100°10 unprotected openings on the West wall face, 100% openings on portion `A' of the North wall face, and 10°10 openings on portion `B' of the North wall face, but current limiting distances do not allow this on West and North wall faces. On the basis of the dimensions submitted, but which are subject to adjustment depending on the exact placement of the property line, an additional limiting distance of 7.4 metres, more or less, for Nest wall face, 5.3 metres, more or less, for portion `A' of North wall face, and 5.3 metres, more or less, for Portion `B' of North wall face would permit the amount of unprotected openings proposed. Note also that portion `B' of the North wall face will require a one hour fire resistance rating, and be clad with noncombustible cladding. These limiting distances will be approved and finalized by the Chief Building Official upon the establishment of the property line. By establishing limiting distances beyond the property line, the desired number of unprotected openings can be achieved. All the property owners affected are prepared to enter into an agreement committing to these new lines to ensure the appropriate spatial separation is established and maintained. FINANCIAL IMPLICATIONS: N/A COMMUNICATIONS: N/A CONCLUSION: Building staff have reviewed this request and have no concerns with the establishment of the additional limiting distances onto the adjacent properties, the exact measurement to be approved by the Chief Building Official. The owners of 404 King Street Nest, 410 King Street West and 45 Victoria Street North are in agreement to enter into the required Limiting Distance Agreement. Staff supports the execution of this agreement by the City. Therefore, that subject to approval of Zone Change Application ZC05/08/KITH and lifting of the Holding provision H9, and subject to the registration of condominium application 30CDM- 06205 thus creating a new property line between 404 King Street West and 410 King Street Nest, it is in order to authorize the Mayor and Clerk to execute an agreement satisfactory to the City Solicitor, pursuant to Section 3.2.3.1.(8) of the Building Code. 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