BCAB #1562 - Determination of Limiting Distance, Article 1.1.,3.2.

March 18, 2002

BCAB #1562

Re: Determination of Limiting Distance, Article 1.1.,3.2.

Project Description

An industrial refrigeration building (5800 m²) is proposed to be constructed within 5 meters from a property line. The subject property line is also common to the boundary of the Esquimalt and Nanaimo Railway.

Reason for Appeal

Limiting distance is defined as the distance from an exposed building face to a property line, the centre line of a street, lane or public thoroughfare, or to an imaginary line between two buildings or fire compartments on the same property, measured at right angles to the exposing building face .

Appellant’s Position

The appellant contends the E&N Railway right of way should be considered similar to a street, lane or public thoroughfare and that the limiting distances be measured to centerline of the rail right of way.

Building Official's Position

In the past there have been a number of structures constructed adjacent this railroad right of way, and it appears inconsistent methods of establishing limiting distances have been used. The Code official would like to establish correct application and policy.

Appeal Board Decision #1562

It is the determination of the Board that a railroad right-of-way cannot be considered a street, lane or public thoroughfare. Limiting distance must be measured to the property line, not the centre of the railroad right-of-way. Alternatively, both property owners and the local authority might agree to registered covenants that would ensure code compliance if conditions change in the future.

George Humphrey, Chair