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 July 10, 2023, a Neighborhood Preservation code enforcement case NP-2023-2879 was opened involving a large, unpermitted accessory structure in the rear yard.
On September 1, 2023, a Planning Application for a Variance was submitted to legalize the accessory structure with substandard side and rear setbacks.
On November 29, 2023, the Zoning Administrator held a public hearing where they received staff and applicant presentations, asked clarifying questions of staff and the applicant, and considered the public comments. Following deliberation, the Zoning Administrator concurred with staff's recommendation concluding that a decision to approve this application would grant a special privilege to this property which is ...
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