BCAB #1758r - Construction of Exposing Building Face of Accessory Building, Sentence 9.10.15.5.(4)

December 02, 2014 (revision date)

BCAB #1758r

Re: Construction of Exposing Building Face of Accessory Building, Sentence 9.10.15.5.(4)

Project Description

The project involves the renovation of two existing accessory buildings associated with a single family dwelling. The existing garage is being converted to a home office and the open carport is being converted to an enclosed garage. The buildings are 1.12 m apart and about 6 m from the dwelling.

Reason for Appeal

There is a disagreement on whether the construction requirements for exposing building faces of Articles 9.10.14.5. or 9.10.15.5. should apply to the facing walls of the two accessory buildings.

Appellant's Position

The appellant refers to previous Appeal #1693 that determined a detached garage was “considered part of the associated dwelling units for the purpose of Article 9.10.11.2.” and contends that the construction requirements of Articles 9.10.14.5. or 9.10.15.5. should not apply to the facing walls of the two accessory buildings.

Building Official's Position

The building official maintains that the home office is not an accessory building as intended by Article 9.10.14.5. because it is a convenience (not essential) for the office to be on the residential property. Therefore, it has been classified as a Group D occupancy and the relaxations for accessory buildings and/or garages are not applicable.

Appeal Board Decision #1758r

The Board considers that the detached garage and detached home office can be accessory buildings serving the dwelling unit. Sentences 9.10.14.5.(5) and 9.10.15.5.(4) only apply to the exposing building faces of an accessory building and the dwelling unit that face each other. Further, the Board does not consider Appeal #1693 to be relevant to the circumstances of this appeal.

Therefore, it is the determination of the Board that Sentence 9.10.14.5.(1), and subsequent Sentence 9.10.14.5.(4), are the applicable Code requirements for the adjacent exposing building faces of the two accessory buildings.

Lyle Kuhnert, Chair