REPORT TO COUNCIL
SUBJECT
Title
Appeal of a Decision by the Planning Commission Denying a Variance to Legalize an Existing 112-square-foot Detached Accessory Structure in the Rear Yard of a Single-Family Property with a Reduced 2-foot 5-inch Side Setback where 4 Feet Minimum is Required, and a Reduced 2-foot 2-inch Rear Yard Setback where 10 Feet Minimum is Required
Location: 160 S. Pastoria Ave. (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: Wendy Lao, 408-730-7408, wlao@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 Planning Commission in denying the Variance for the accessory structure.
BACKGROUND
On July 10, 2023, a Neighborhood Preservation code enforcement case NP-2023-2879 was opened involving an unpermitted accessory structure in the rear yard of a single-family property. The accessory structure is 112 square feet in size and has a shed roof which starts at a height of 8-feet 7-inches near the northern property line (side yard) and slopes up toward the center of the property to a peak of 9-feet 11-inches. Per the municipal code, accessory structures that are 8 feet or less in height are not subject to setback requirements, however structures that exceed 8 feet in height must provide a 4-foot side yard and 10-foot rear yard setback. Because the accessory structure exceeds 8 feet height and has a reduced side yard setback of 2-feet 5-inches and a redu...
Click here for full text