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Board denies variance for patio cover at 280 Ontario Loop after residents raise permitting and setback concerns
Summary
The Board of Adjustment unanimously denied a request to retroactively validate a patio cover built closer than the required 10-foot rear-yard setback at 280 Ontario Loop; neighbors cited privacy, height and coverage concerns and staff said an incorrect 5-foot setback was used on the permit.
The Sunnyvale Board of Adjustment unanimously denied a variance Tuesday for a rear-yard patio cover at 280 Ontario Loop after staff and multiple neighbors said the structure was built closer to the property line than allowed by the Unified Development Ordinance.
Planning staff said the building permit was issued in error with a five-foot rear-yard setback even though the UDO requires a 10-foot setback where no alley exists. Construction on the patio cover reached roughly 60–70% complete before the error was discovered and the town issued a stop-work order on the patio portion.
Saru Passen, director of planning and development, told the board the permit review missed the 10-foot requirement and the building department halted work on the patio when the encroachment was identified. "The building permit for an attached patio cover and a second story balcony enclosure were requested, and the permit was issued with a 5 foot rear…
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