BCAB #1511 - Spatial Separation, Limiting Distance, Article 126.96.36.199
July 5, 2000
Re: Spatial Separation, Limiting Distance, Article 188.8.131.52
The subject building is a house constructed on a bare land strata subdivision lot. The front yard and one side yard of the lot abut common property. The adjacent common property at the front is used as a roadway, and the common property at the side is used as "natural space". A registered charge against the title of abutting side common property, in favor of the local government, states the "…construction, installation or placement of a building…" is not permitted. The house is 2.01 metres from side property line.
Reason for Appeal
Limiting distance is defined as the distance from an exposing building face to a property line, the centre line of a street, lane or public thoroughfare. This appeal concerns how to measure the limiting distance for the side yard.
The appellant contends the design meets the objective of the Code, that is "controlling the spread of fire from one building to another by regulating the construction of the exterior walls and the openings in them relative to their distance from other buildings." As there is no permitted building site on the adjacent side common property, the calculation for determining limiting distance should be measured similarly to the common property at the front, to the centre of the roadway.
Building Official's Position
The Building Official considers the side bareland strata property line to be the line to which limiting distances should be measured.
Appeal Board Decision #1511
It is the determination of the Board that the adjacent common property in question does not conform with the "letter" of the code as a "street, lane or public thoroughfare." However, the Board considers that the spatial separation objectives of the code can be met in this case and the authority having jurisdiction could consider an equivalency under Section 2.5.
George Humphrey, Chair