Sunnyvale City Council hears appeal for accessory structure variance after Planning Commission denial

The Sunnyvale City Council convened on March 25, 2025, to address several agenda items, including a significant appeal regarding a variance application for a detached accessory structure. The meeting began with a detailed presentation on planning application number 2020-3642, which sought to legalize a 112-square-foot home office located in the rear yard of a single-family property. The structure currently violates municipal code due to reduced side and rear yard setbacks.

The accessory structure, situated on South Pastoria Avenue, has a side setback of 2 feet 5 inches and a rear setback of 2 feet 2 inches, whereas the code mandates a minimum of 4 feet and 10 feet, respectively, for structures exceeding 8 feet in height. The issue was first raised in July 2023 when a neighbor filed a complaint about the unpermitted construction. Following a series of hearings, the Planning Commission upheld the zoning administrator's decision to deny the variance in May 2024, prompting the applicant to appeal to the City Council.

During the presentation, staff outlined the applicant's arguments for the variance, which included claims of exceptional circumstances due to the substandard size of the lot and assertions that moving the structure could negatively impact neighbor privacy. However, staff recommended denying the appeal, citing that the structure was built without proper permits and did not meet the necessary health and safety requirements.

The council members engaged in a discussion about the appeal process, with Council Member Mellinger seeking clarification on why this decision was appealable to the council. Staff explained that decisions made during public hearings could be appealed to both the Planning Commission and the City Council, unlike those made solely by staff.

In conclusion, staff reiterated that the project did not meet any of the required findings for granting a variance. They recommended upholding the Planning Commission's decision to deny the appeal, while also noting that the applicant could explore options to modify the structure to comply with city regulations. The council's decision on this matter will have implications for future accessory structures and the enforcement of zoning codes in Sunnyvale.