BCAB #1630 - Definition of Limiting Distance, Sentence 126.96.36.199.(1)
May 3, 2007
Re: Definition of Limiting Distance, Sentence 188.8.131.52.(1)
The subject is the required spatial separation for two sprinklered mini storage warehouses located on the same property. There is a proposed 6 m wide roadway between the two buildings to accommodate loading and unloading of vehicles for the storage units. One of the storage warehouses is an existing building, the other is proposed construction.
Reason for Appeal
For the purposes of determining required spatial separation between buildings, the Code defines limiting distance as:
Limiting distance means the distance from an exposing building face to a property line, centre of a street, lane or public thoroughfare, or to an imaginary line between 2 buildings of fire compartments on the same property, measured at right angles to the exposing building face.
The appellant contends the centerline of the proposed laneway can be used to determining the limiting distance for the proposed construction. When using this datum, the non compliance of spatial separation requirements for the existing warehouse should not be a consideration.
Building Official's Position
The Building Official considers that the datum of an imaginary line between these two buildings on the same property is necessary and applicable to ensure the spatial separation requirements of both the existing and proposed building are met.
Further, the Building Official considers prior to lane being considered as a datum for limiting distance, it must be a “legal” lane by Land Title registration, which would ensure it status as a laneway.
Appeal Board Decision #1630
It is the determination of the Board that the space between the two buildings is not a lane for the purpose of determining spatial separation. Therefore the limiting distance must first be determined for the existing building in order to establish an imaginary line between the two buildings. The limiting distance for the second building must be determined using this imaginary line.
George Humphrey, Chair