HomeMy WebLinkAboutDTS-07-155 - Limited Distance Agreement with owner of 34 Braun St & the abutting access RdREPORT
Report To: Development and Technical Services Committee
Date of Meeting: November 5, 2007
Submitted By: Mike Selling, Chief Building Official, Ext. 2669
Prepared By: Jennifer Taylor Ext. 2560
Wards}Involved: Ward 6
Date of Report: October 17, 2007
Report No.: DTS 07-155
Subject: LIMITING DISTANCE AGREEMENT WITH OWNER OF 34
BRAUN STREET AND THE ABUTTING ACCESS ROAD
SERVING THE KITCHENER MOUNT HOPE CEMETERY AT
175 MOORE AVE.
RECOMMENDATION:
That the Mayor and Clerk be authorized to execute an agreement with the registered
owners} of Lot 9, Registered Plan 413, known as 34 Braun Street, pursuant to Division B
Section 9.10.15.2.(4} of the 2006 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 the abutting access road to the
Kitchener Mount Hope Cemetery at 175 Moore Avenue, Lot 457 Registered Plan 385, to
the satisfaction of the City Solicitor.
BACKGROUND:
The Building Code limits the maximum percentage of glazed area on an exposed building face.
The owners of 34 Braun Street received a building permit on December 22, 2006 for a two
storey addition serving a single family dwelling. At the time of building permit issuance the east
side glazed area was in conformance with the maximum allowed percentage in the Building
Code. Division B, section 9.10.15.2.(4) of the 2006 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 owners of 34 Braun Street would like to increase the limiting distance to the east sidewall to
allow additional glazed area of a new five foot wide glass patio door from the first floor living
room. Therefore, an additional limiting distance of 2.0 meters on the east side would permit the
glass patio door to be installed on the east wall. The adjacent property being used to achieve
the required limiting distance is currently owned by the City of Kitchener is the Andrew Street
extension access road to Kitchener Mount Hope Cemetery (see APPENDIX A, FIGURE 1).
Currently the property is gated at Andrew Street and functions as part of the Kitchener Mount
Hope Cemetery, containing grave stones in the area directly to the east side of the house at 34
Braun Street (see APPENDIX A, FIGURE 2).
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
Building staff have reviewed this request and have no concerns with the additional limiting
distance of 2.0 meters onto the adjacent property. The adjacent land being used to achieve the
required limiting distance is currently acting as an access road to Kitchener Mount Hope
Cemetery 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 Division B Section
9.10.15.2.(4) of the Building Code and to the satisfaction of the City Solicitor.
Jennifer Taylor
Municipal Building Official II
Mike Selling
Acting Director of Building
and Chief Building Official
APPENDIX `A'
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