The Campbell City Council on July 20 voted 4-0 to uphold an earlier planning commission decision allowing Donald Call to subdivide his lot at 1045 Hazel Ave.

But the discussion leading to the city council decision was at times tense and emotional.

"We aren't asking for any special treatment," said Dan Call, Donald's son, as he spoke to the council. "My father, brother and I are all interested in staying in the area. We spoke to the planning department, and they said the land was subdividable. We are just going by the rules."

The Call family bought the property at 1045 Hazel Ave. with the understanding that the parcel could be split into two lots.

"If the neighbors didn't want us to build there, they could have bought the lot," he added. "We are just trying to use our land."

The issue of land use began at a May 24 community meeting where discussion of Call's request to split his 14,131-square-foot lot and construct two single-family homes on the property turned contentious. Because Call was only asking for approval to subdivide the land, the request should have been a simple administrative action. But there was opposition to the request by several neighbors.

The property, which lies within the boundaries of the San Tomas neighborhood, is governed by its own General Plan, which is set forth in the San Tomas Neighborhood Plan guidelines. The plan's primary focus is to preserve the area's rural feel and large lots.

Because of neighbor disagreement, Campbell Community Development Director Sharon Fierro determined that the issue should go before the planning commission, which on June 22 voted to approve Call's application to divide the lot.

Although the planning commission voted 6-1 in favor of Call's plan, Paul Boyer, Call's neighbor, appealed the commission's decision to the city council.

Most of Call's immediate neighbors said they supported his plan. But Boyer, whose property is adjacent to Call's on Ecker Court, said the issue goes beyond the one street.

"The council has an opportunity to represent a broad community, rather than a small group of special interests," he said. "Cramming two houses on this property is overbuilding and not the intent of the area."

Boyer said that although the proposal may adhere to the letter of the law, it doesn't adhere to the spirit of it. He came to the public hearing armed with a petition signed by 310 people living throughout the San Tomas area who were against the proposal because they also believe it wasn't in line with the spirit of the San Tomas Neighborhood Plan.

"The 310 signatures I've collected are a good representation of the pulse of the entire community," Boyer said.

Their concerns about the subdivision, he said, ranged from reduced privacy in the surrounding homes, to increased traffic in the neighborhood and a loss of the rural feel for the whole area.

Hazel Avenue resident Lorin Thompson concurred.

"I look around now, and I see what used to be a number of single lots now have three, four and even 11 residences on them," he said. "Please consider the intent and spirit of the plan and, most important, the will of the people in the surrounding area."

But the issue, said Sheila Call, Donald Call's wife, was simple. It was about whether or not property owners could do what they want with their property as long as the changes conformed to the rules.

"If Mr. Boyer wanted to control this property, he could have bought it himself," she said. "He could have refinanced his home to buy the property; that's what we did."

And she added, "We want to get along with our new neighbors. I'm shocked that Mr. Boyer doesn't know the mistake he is making when he confronts neighbors."

Moreover, some neighbors said the complaints were unfounded.

"I can't imagine that one extra house on one lot can change the traffic in the neighborhood in any significant way," said Trevor Cameron, who lives in a home on the back property of the flag lot across the street from Call's property. "I think it comes down to are we going to progress and improve our neighborhood or let someone stand in our way."

After hearing the arguments, however, the city council ultimately sided with Call.

"Call's request meets all the current guidelines," said Campbell Councilwoman Jeanette Watson. "We cannot deny this man his right to develop his property."

Mayor Burr agreed.

"If there were any violation with the city codes, I would probably have had a problem," Burr said. "But Call met all the rules."

Councilwoman Jane Kennedy also agreed and added that she didn't think having two lots on the home would affect traffic much.

And although Councilman Matthew Dean also voted to uphold the planning commission's decision, saying, "It's within the rules of the game," he suggested that council members re-examine the entire San Tomas Neighborhood Area General Plan.