Zoning administrator approves design review and variance for addition at 1401 South Mary Avenue

Zoning administrator Julia approved a design review and variance on May 27 for a first-story, 730-square-foot addition at 1401 South Mary Avenue (planning file PLNG-2026-0028), allowing a reduced rear-yard setback of 7 feet 4 inches and an increased rear-yard encroachment of 34 percent where the city code allows a 25 percent maximum.

Christian Mendoza, the city’s assistant planner, told the hearing that staff found some corrections were needed in the posted materials: the addition is 730 square feet (noticed incorrectly as 701), lot coverage and floor-area ratio figures should read 32 percent, and the total gross floor area should be updated to 2,594 square feet (living area 2,134 sq ft; garage 460 sq ft). Mendoza also said mailed notices had listed a prior owner and should have reflected the current owner information on record.

The project is sited on an 8,146-square-foot trapezoid-shaped lot at the southwest corner of South Mary and Cascade Drive (parcel 320-22-053). Mendoza said staff concluded the application met the variance findings in Sunnyvale Municipal Code section 19.48.050 because the lot’s irregular shape and existing easements and sight-triangle reduce the buildable area compared with typical rectangular lots in the R1 district.

Property owner Derek Millan spoke for the applicants, saying the family has three children and the remodel is intended to add bedrooms, a bathroom and play space: “We have three kids and the current property only have three bedroom to bathroom … the main reason we want to do the remodeling,” Millan said.

Julia asked whether the variance would apply to future expansions; Mendoza said the approval is limited to the current addition and any subsequent enlargement that increases encroachment would require a new application. After closing the public hearing (no members of the public registered to speak), Julia announced her decision: "My decision is to approve the project as per Alternative One that's written in the staff report," she said, citing the lot constraints and the staff findings and conditions in Attachments 3 and 4.

The decision approves the design review and the two-part variance (reduced first-story rear setback and increased rear-yard encroachment) and is subject to the conditions listed in the staff report. The decision may be appealed within 15 calendar days to the planning body. The hearing was adjourned following the ruling.

Planning file: PLNG-2026-0028. Address: 1401 South Mary Avenue. Code cited: Sunnyvale Municipal Code section 19.48.050.