BCAB #1759 - Glazed Openings in Exposing Building Face of Accessory Building, Sentence 9.10.15.4.(6)

November 20, 2014

BCAB #1759

Re: Glazed Openings in Exposing Building Face of Accessory Building, Sentence 9.10.15.4.(6)

Project Description

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

Reason for Appeal

There is a disagreement on whether the area limits for glazed openings in Article 9.10.15.5. apply to the adjacent exposing building faces of the detached home office and detached garage.

Appellant's Position

The appellant refers to Appeal #1693 that determined a detached garage was “considered part of the associated dwelling units for the purpose of Article 9.10.11.2.” The appellant contends the two detached buildings should be considered to be part of the single dwelling unit and the exception to limits on area of glazed openings in Sentences 9.10.14.4.(11) or 9.10.15.4.(6) should apply.

Building Official's Position

The building official considers that the detached garage is an accessory building to the dwelling unit but maintains that the home office is not an accessory building because it is a convenience (not essential) for the office to be on the residential property. The building official maintains Sentences 9.10.14.4.(11) and Sentence 9.10.15.4.(6) would apply only to the facing walls of the detached garage and the dwelling unit but not to the facing walls of the two detached buildings. Further, the building official considers the appropriate requirement for the facing walls of the two detached buildings to be Sentence 9.10.14.4.(1).

Appeal Board Decision #1759

It is the determination of the Board that both the detached garage and the detached home office can be considered accessory buildings serving the dwelling unit and that Sentence 9.10.14.4.(1) applies to the walls of the accessory buildings facing each other.

The board considered that both Sentences 9.10.14.4.(11) and Sentence 9.10.15.4.(6) are not applicable because they only regulate the facing wall(s) of an accessory building and the dwelling unit. The Board does not consider Appeal #1693 to be relevant to the circumstances of this appeal.

Lyle Kuhnert, Chair