REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Appeal of a decision by the Zoning Administrator denying a VARIANCE to legalize an existing 112 square foot detached accessory structure in the rear yard of a single-family property with a two-foot, five-inch side setback where four-feet minimum is required, and a two-foot, two-inch rear yard setback where ten feet minimum is required.
Location: 160 South Pastoria Avenue (APN: 165-15-007)
File #: PLNG-2023-0642
Zoning: R-2 (Low Medium Density Residential)
Applicant / Owner: Scott McClennan (applicant) / Tracy and Scott McClennan (owner)
Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Robby Miller, 408-730-7429, rmiller@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Low-Medium Density Residential
Existing Site Conditions: Single-family home
Surrounding Land Uses
North: Single-family home
South: Single-family home
East: Single-family home
West: Duplex
Issues: Substandard setbacks and unpermitted construction in backyard.
Staff Recommendation: Deny the appeal and uphold the decision of the Zoning Administrator to deny the Variance for the accessory structure.
BACKGROUND
On April 22, 2024, the Planning Commission held a public hearing where they received staff and applicant presentations, asked clarifying questions of staff and the applicant. Following deliberation, the Commission continued the project to Tuesday, May 28, 2024, to allow time for additional research. For more information, please refer to the Planning Commission staff report and minutes in Attachments 5 and 6.
Description of Proposed Project
The single-family property has an unpermitted accessory structure located near the northeastern corner of the rear yard which the applicant is proposing to legalize for use as a home office. The unpermitted structure does not meet the minimum 4 feet side and 10 feet rear setback req...
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