REPORT TO THE ZONING ADMINISTRATOR
SUBJECT
Title
Proposed Project:
VARIANCE to legalize an existing 112 square foot detached accessory structure in the rear yard of a single-family property with a 2-foot 5-inch side setback where 4 feet minimum is required, and a 2-foot 2-inch rear yard setback where 10 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
BACKGROUND
Description of Proposed Project
The subject single-family property has an existing, unpermitted accessory structure near the northeastern corner of the rear yard utilized as a home office. The 112-square foot structure has a height of nine feet, eleven inches from grade, a side yard setback of two feet, five inches where four feet minimum is required, and rear setback of two feet two inches where 10 feet minimum is required. The applicant is proposing to keep the existing structure and relocate the existing unpermitted air conditioning unit out of the side and rear setback area. See Attachment 4 for the site and architectural plans.
Per Sunnyvale Municipal Code (SMC) Section 19.40.030, accessory structures with an eight- to 15-foot height require a Miscellaneous Plan Permit (MPP) with notice. Per SMC Section 19.40.040, detached habitable spaces and utility buildings with an eight- to 15-foot height require minimum side yard setbacks that match the underlying zoning district, and a minimum of ten feet to the rear property line. The minimum side yard setback in the R-2 zoning district is four feet.
Therefore, a Variance is required to legalize the structure with non-conforming side yard and rear yard setback...
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