REPORT TO PLANNING COMMISSION
SUBJECT
Title
Proposed Project: Appeal of a decision by the Zoning Administrator denying a VARIANCE to legalize an existing 189 square foot detached accessory structure in the rear yard of a single-family property with a ten-inch side setback where four feet minimum is required, and a seven-foot rear yard setback where ten feet minimum is required.
Location: 424 Bryan Avenue (APN: 209-11-034)
File #: PLNG-2022-7714
Zoning: R-2 (Low Medium Density Residential)
Applicant / Owner: Wayne Lin (applicant/appellant)/Thomas Moser (owner)
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Drew Taplin, (408) 730-7407, dtaplin@sunnyvale.ca.gov
Report
REPORT IN BRIEF
General Plan: Residential Medium Density
Existing Site Conditions: Single-Family Home
Surrounding Land Uses
North: Single-Family Home
South: Single-Family Home/Duplex
East: Triplex
West: Single-Family Home
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 reduced accessory structure setbacks.
BACKGROUND
Description of Proposed Project
The subject single-family property has an existing, unpermitted accessory structure near the southeastern corner of the rear yard. The 189 square-foot structure has a height of nine feet from grade and has a side yard setback of ten inches to the property line. The applicant is proposing to demolish and rebuild the structure for use as an office/living space in the same footprint. Approximately 18 square feet of area at the rear of the existing structure would be removed during construction to meet fire code requirements for a finished rear yard setback of seven feet. See Attachment 4 for the site and architectural plans.
Per Sunnyvale Municipal Code (SMC) Section 19.40.030, accessory structures with an ...
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