HomeMy WebLinkAboutDSD-2025-418 - A 2025-109 - 29 Edna Street (2)
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 21, 2025
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Adiva Saadat, Planner, 519-783-7658
WARD(S) INVOLVED: Ward 10
DATE OF REPORT: October 3, 2025
REPORT NO.: DSD-2025-418
SUBJECT: Minor Variance Application A2025-109 - 29 Edna Street
RECOMMENDATION:
That Minor Variance Application A2025-109 for 29 Edna Street requesting relief from
the Section 5.22.1 c) of Zoning By-law 85-1 to permit a lot coverage of 21.6% instead
of the maximum permitted 15%, to facilitate the construction of an Additional
Dwelling Unit (ADU) (Detached) in the rear yard of the subject property, generally in
accordance with drawings prepared by JR Design and Consultants, dated
September 2025, BE APPROVED, subject to the following conditions:
1. That the Owner shall modify the existing driveway, to provide a driveway and a
distinguishable unobstructed walkway, in accordance with the regulations of
Zoning By-law 2019-051.
2. That the Owner shall complete the work, identified in Condition No. 1 above, by
June 30, 2026. Any request for a time extension must be approved in writing by
the Manager, Development Approvals prior to completion date set out in this
decision. Failure to complete the condition will result in this approval becoming
null and void.
3. That prior to any grading, servicing or the application or issuance of a
Demolition and/or Building Permit, the Owner shall submit a plan, prepared by a
qualified consultant, Manager, Site
Plans, showing the following:
(i) the proposed location of all buildings (including accessory buildings and
structures), decks and driveways;
(ii) the location of any existing buildings or structures to be removed or
relocated;
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
(iii) the proposed grades and drainage;
(iv) the location of all trees to be preserved, removed or potentially impacted
on or adjacent to the subject lands, including notations of their size,
species and condition;
(v) justification for any trees to be removed;
(vi) outline tree protection measures for trees to be preserved; and
(vii) If necessary, the plan shall include required mitigation and/or
compensation measures.
Any alteration or improvement to the lands including grading, servicing, tree
removal and the application or issuance of any Demolition and/or Building
permits shall be in compliance with the approved plan. Any changes or revisions
Manager, Site Plans.
4. That the Owner shall grant Metrolinx an Environmental Easement for Operational
Emissions. The Environmental Easement provides clear notification to those who
may acquire an interest in the subject property and reduces the potential for future
land use conflicts. The environmental easement shall be registered on title of the
subject property.
5. That the Owner shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase,
and Agreements of Purchase and Sale or Lease of each dwelling unit within 300
metres of the Railway Corridor:
that Metrolinx and its assigns and successors in interest has or have a right-of-
way within 300 metres from the subject land. The Applicant is further advised
that there may be alterations to or expansions of the rail or other transit facilities
on such right-of-way in the future including the possibility that Metrolinx or any
railway entering into an agreement with Metrolinx to use the right-of-way or their
assigns or successors as aforesaid may expand or alter their operations, which
expansion or alteration may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating
REPORT HIGHLIGHTS:
The purpose of this report is to review a Minor Variance Application to permit the
construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yard of 29
Edna Street.
The key finding of this report is that the requested minor variance meets all four tests
of the Planning Act.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received and this report was
Adjustment meeting. Notice of the application is also mailed to all property owners
within 30 metres of the subject property, however given the Canada Post Strike this
was not possible.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the south-west side of EdnaStreet and VictoriaStreet
North. It is in the Central Frederickneighbourhood which is primarily comprised of low-rise
residential and commercial uses.
Figure 1: Location Map 29 Edna Street (Outlined in Red)
on Map 2 Urban Structure and is
Low Rise Conservation Aon Map 20Central Frederick Neighbourhood Plan
for 1994Official Plan.
al FiveZone (R-5-law 85-1
The purpose of the application is to review a Minor Variance Application to facilitatethe
construction of an Additional Dwelling Unit (ADU)(Detached) in the rear yardof the subject
property.
Figure 2: Site Plan of Requested Variance for Accessory Building
Figure 3: Front Elevation of Proposed Structure
Figure 4: Right Elevation of Proposed Structure
Figure 5: Floor Plan of Proposed Structure
Development and Housing Approvals Staff conducted a site visit on October 1, 2025.
Figure 6: Existing Site Conditions as of October 1, 2025
Figure 7: Existing Driveway (To be Modified in Accordance with the Site Plan)
REPORT:
Planning Comments:
In considering the four tests for the minor variances as outlined in Section 45(1) of the
Planning Act, R.S.O, 1990 Chap. P 13, as amended, Planning staff offers the following
comments:
General Intent of the Official Plan
The intent of the Low-Rise Conservation - A' designation is to preserve the scale, use and
intensity of existing development. This designation is applied to those portions of the
community where the vast majority of land use are single detached dwellings. The
dwellings are in good structural condition, and they are exhibits of the characteristics of a
stable family-oriented area. Policy 4.C.1.23 in the 2014 Official Plan permits up to 3
Additional Dwelling Units (ADUs) subject to meeting any other applicable policies in the
Official Plan and Zoning By-law regulations.
4.C.1.23. The City may permit up to three additional dwelling units, attached and/or
detached, on a lot which contains a single detached dwelling, a semi-
detached dwelling or a street-townhouse dwelling as the principal use,
unless otherwise limited by the policies of this Plan, and in accordance with
the City's Zoning By-law, in order to provide additional housing options to
Kitchener homeowners and residents.
The proposed Additional Dwelling Unit use of the property conforms to the land use
designation and is a desirable addition to a residential property. Staff is in opinion that
requested variance to construct Additional Dwelling Unit (ADU)(Detached) meets the
general intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum lot coverage is to ensure that accessory buildings remain
secondary to the principal building. Combining the ADU and the existing shed exceeds the
maximum permitted 15% lot coverage of accessory buildings by 6.6% or 32.6 square
metres. However, when considered independently the ADU does not exceed the
maximum permitted size of 80 square metres and the existing shed does not exceed the
15% coverage of the lot. Also, both the existing shed and the ADU individually comply with
the maximum 15% permitted lot coverage. Staff is of opinion that the variance meets the
general intent of the Zoning By-law, with the shed and ADU remaining secondary and
accessory to the principal building.
Is/Are the Effects of the Variance(s) Minor?
The variance is minor in nature. The combined 32.6 square metres increased lot coverage
is not noticeable when compared to the overall size of the structures relative to the lot. The
ADU will be located at the far rear of the property. The effects of the variance will be minor
as the increased lot coverage will not be discernable or noticeable from the streetscape.
Is/Are the Variance(s) Desirable for the Appropriate Development or Use of the Land,
Building and/or Structure?
The variance for an increased lot coverage is a desirable and an appropriate use of the
land as it facilitates the construction of an Additional Dwelling Unit (ADU). The increased
lot coverage will improve the usability of the land by accommodating the ADU and shed
and provide an opportunity for gentle intensification adjacent to an urban and transit
corridor.
Environmental Planning Comments:
There are no natural heritage features/functions, however, there appear to be trees in
shared ownership which may be affected by the construction of the ADU. Please include
the Standard condition to complete a Tree Protection and Enhancement Plan.
Heritage Planning Comments:
No Heritage comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. A Building Permit
application has been made for the detached ADU.
Engineering Division Comments:
No comments or concerns.
Parks and Cemeteries/Forestry Division Comments:
No concerns, no requirements.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
Region of Waterloo Comments:
No concerns.
Metrolinx Comments:
As per section 3.9 of the Federation of Canadian Municipalities and Railway
Association of Canada's Guidelines for New Development in Proximity to Railway
Operations, the Owner shall grant Metrolinx an environmental easement for
operational emissions. The environmental easement provides clear notification to
those who may acquire an interest in the subject property and reduces the potential for
future land use conflicts. The environmental easement shall be registered on title of
the subject property. A copy of the form of easement is included for the Owner's
information. The applicant may contact jenna.auger@metrolinx.com with questions
and to initiate the registration process. (It should be noted that the registration process
can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warning
clause has been inserted into all Development Agreements, Offers to Purchase, and
Agreements of Purchase and Sale or Lease of each dwelling unit within 300 metres of
the Railway Corridor:
o Warning: The Applicant is advised that the subject land is located within
that Metrolinx and its assigns and successors in interest has or have a right-of-
way within 300 metres from the subject land. The Applicant is further advised that
there may be alterations to or expansions of the rail or other transit facilities on
such rightof-way in the future including the possibility that Metrolinx or any railway
entering into an agreement with Metrolinx to use the right-of-way or their assigns
or successors as aforesaid may expand or alter their operations, which expansion
or alteration may affect the environment of the occupants in the vicinity,
notwithstanding the inclusion of any noise and vibration attenuating measures in
the design of the development and individual lots, blocks or units.
Should you have any questions or concerns, please contact jenna.auger@metrolinx.com
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget The recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
of the Committee of Adjustment meeting. A notice sign was placed on the property
advising that a Committee of Adjustment application has been received. The sign advises
i
Planning Division. Notice of the application is also mailed to all property owners within 30
metres of the subject property, however given the Canada Post Strike this was not
possible.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Planning Statement (PPS 2024)
Regional Official Plan
Official Plan (1994 and 2014)
Zoning By-law 85-1
Septmeber 29th, 2025
Connie Owen
City of KitchenerFile No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7
Subject: Committee of Adjustment Meeting October 21, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2025 – 076 – Sydney Street South – No Concerns
2) A 2025 – 101 – 199 Breithaupt Street – No Concerns
3) A 2025 – 102 – 282 Tremaine Cresent – No Concerns
4) A 2025 – 103 – 129 Saint George Street – No Concerns
5) A 2025 – 104 – 23 Donnenwerth Drive – No Concerns
6) A 2025 – 105 – 1010 Copper Leaf Cresent – No Concerns
7) A 2025 – 106 – 43 Maurice Street – No Concerns
8) A 2025 – 107 – 904 Isaiah Place – No Concerns
9) A 2025 – 108 – 32 & 42 Windom Road – No Concerns
10) A 2025 – 109 – 29 Ednad Street – No Concerns
11) A 2025 – 110 – 600 Queen Street South – No Concerns
12) A 2025 – 111 – 396 Southill Drive – No Concerns
13) A 2025 – 112 – 54 Mount Hope & 509 Park Street – No Concerns
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
Document Number: 5085291
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Please forward any decisions on the above-mentioned Application numbers to the
undersigned.
Yours Truly,
Joshua Beech Falshaw
Transportation Planner
jbeechfalshaw@regionofwaterloo.ca
Document Number: 5041192
October 3, 2025 via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting October 21, 2025
Applications for Minor Variance
A 2025-101 199 Breithaupt Street
A 2025-102 282 Tremaine Crescent
A 2025-103 129 St.George Street
A 2025-104 23 Donnenwerth Drive
A 2025-105 1010 Copper Leaf Crescent
A 2025-106 43 Maurice Street
A 2025-107 904 Isaiah Place
A 2025-108 32 & 42 Windom Road
A 2025-109 29 Edna Street
A 2025-110 600 Queen Street South
A 2025-111 396 Southill Drive
A 2025-112 509 Park Street & 54 Mount Hope Street
Applications for Consent
B 2024-031 829 Stirling Avenue South
B 2025-026 96 Third Avenue
B 2025-027 60 Gage Avenue
B 2025-028 62 Gage Avenue
B 2025-029 64 Gage Avenue
B 2025-030 66 Gage Avenue
B 2025-031 509 Park Street & 54 Mount Hope Street
Grand River Conservation Authority (GRCA) staff have reviewed the above-noted
applications.
GRCA has no objection to the approval of the above applications. The subject properties do
not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or
valley slopes. The properties are not subject to Ontario Regulation 41/24 and, therefore, a
permission from GRCA is not required.
Should you haveany questions, please contact meataherreman@grandriver.caor 519-
621-2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
BY EMAIL ONLY
TO:Kitchener–Committee of Adjustments
200 King Street West, 6th Floor, P.O. Box 1118, Kitchener ON N2G 4G7
CC: cofa@kitchener.ca
th
DATE:September 29, 2025
RE:Adjacent Development Review: A2025-109
29 Edna Street, Toronto, ON
Minor Variance
Metrolinx is in receipt of the Minor Variance application for 29 Edna Street, to permit an additional dwelling unit on site
th
in the rear yard of the property, as circulated on September 26, 2025, and to be heard at Public Hearing on October
st
21, 2025. Metrolinx’s comments on the subject application are noted below:
The subject property is located within 300m of the Metrolinx GuelphSubdivision which carries KitchenerGO
Train service.
GO/HEAVY-RAIL–CONDITIONSOFAPPROVAL
As per section 3.9 of the Federation of Canadian Municipalities and Railway Association of Canada's Guidelines
for New Development in Proximity to Railway Operations, the Owner shall grant Metrolinx an environmental
easement for operational emissions. The environmental easement provides clear notification to those who may
acquire an interest in the subject property and reduces the potential for future land use conflicts. The
environmental easement shall be registered on title of the subject property. A copyof the form of easement is
included for the Owner's information. The applicant may contact jenna.auger@metrolinx.comwith questions
and to initiate the registration process. (It should be noted that the registration process can take up to 6 weeks).
The Proponent shall provide confirmation to Metrolinx, that the following warningclause has been inserted into
all Development Agreements, Offers to Purchase, and Agreements of Purchase and Sale or Lease of each
dwelling unit within 300 metres of the Railway Corridor:
Warning:The Applicant is advised that the subject land is located within Metrolinx’s 300 metres railway
corridor zone of influence and as such is advised that Metrolinx and its assigns and successors in
interest has or have a right-of-way within 300 metres from the subject land. The Applicant is further
advised that there may be alterations to or expansions of the rail or other transit facilities on such right-
of-way in the future including the possibility that Metrolinx or any railway entering into an agreement
with Metrolinx to use the right-of-way or their assigns or successors as aforesaid may expand or alter
their operations, which expansion or alteration may affect the environment of the occupants in the
vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design
of the development and individual lots, blocks or units.
Should you have any questions or concerns, please contact jenna.auger@metrolinx.com.
Best Regards,
JennaAuger
Project Analyst, Adjacent Construction Review (ACR)
20 Bay Street | Toronto | Ontario | M5J 2W3
T: (416)-881-0579
Adjacent Development Review: A2025-109
29 Edna Street, Toronto, ON
Form of Easement
WHEREAS the Transferor is the owner of those lands legally described in the
Properties section of the Transfer Easement to which this Schedule is attached (the “Easement
Lands”).
IN CONSIDERATION OF the sum of TWO DOLLARS ($2.00) and such other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Transferor, the Transferor transfers to the Transferee, and its successors
and assigns, apermanent and perpetual non-exclusive easement or right and interest in the
nature of a permanent and perpetual non-exclusive easement over, under, along and upon
the whole of the Easement Lands and every part thereof for the purposes of discharging,
emitting, releasing or venting thereon or otherwise affecting the Easement Lands at any time
during the day or night (provided that doing so is not contrary to law applicable to Metrolinx)
with noise, vibration and other sounds and emissions of every nature and kind whatsoever,
including fumes, odours, dust, smoke, gaseous and particulate matter, electromagnetic
interference and stray current but excluding spills, arising from or out of, or in connection
with, any and all present and future railway or other transit facilities and operations upon the
lands of the Transferee and including, without limitation, all such facilities and operations
presently existing and all future renovations, additions, expansions and other changes to such
facilities and all future expansions, extensions, increases, enlargement and other changes to
such operations.
THIS Easement and all rights and obligations arising from the above easement
shall extend to, be binding upon and enure to the benefit of the parties hereto and their
respective officers, directors, shareholders, agents, employees, tenants, sub-tenants,
customers, licensees and other operators, occupants and invitees and each of its or their
respective heirs, executors, legal personal representatives, successors and assigns. The
covenants and obligations of a party hereto, if such party comprises more thanone person,
shall be joint and several.
Easement in gross.
2