By Sarah Lombardo
In 1968, John and Cleo Constantin bought two lots of land in the hills overlooking Saratoga between Norton and Kittridge roads. They dreamed of raising their family there. More than 25 years later, their children are grown, and it seems questionable that the Constantins will even be able to retire on that spot.
The Constantins' tentative building site approval, already passed by the Saratoga Planning Commission, was considered by the City Council Jan. 15 in appeal proceedings initiated by a resident of Norton Road. To the Constantins' shock, instead of upholding the Planning Commission's decision, the council continued the matter to Feb. 11 and intends to meet with the city attorney before that date to discuss the legal ramifications of the issue.
The continuance of a decision is the latest in a long line of disappointing denials and frustrating postponements that have left the Constantins disillusioned--and still living in the small San Jose house that was meant to be a temporary home until their Saratoga dream house was built.
"[Saratoga] just seemed like a lovely spot to raise children," Cleo said. "We've had to watch our dreams fade."
Pitting landowners' rights, neighbors' concerns, geological studies and the city's obligations against each other, the issue of a house on the Constantin land is not a new one. In the '70s and early '80s, the Constantins' attempts to get permission to build on their Kittridge Road land led them to spearhead the effort to bring a sewer line to the area, a $45,000 project. In 1991, the Planning Commission faced plans for a more than 4,000-square-foot house on the upper Kittridge Road lot. The plans were ultimately denied because the property was deemed too steep for such a large house. By agreeing to merge their two lots, dedicate the Kittridge Road land as open space and build only on the lower Norton Road lot, the Constantins finally got a tentative building site approval on Nov. 13, 1996.
But now, many of the same neighbors who have hooked up to the sewer line the Constantins brought to the area are saying the building site approval was a mistake.
Citing concerns about potential slides, water runoff and fire hazards, neighbor Beverly Phipps appealed the issue, saying the area is too steep to build a house. Phipps also said the enormous cost of building a house in such difficult terrain would mean that only a huge house would be economically viable. And a huge house, he said, would intrude on neighbors and damage the hillside.
"It will be impossible to build an inconspicuous house on that site," Phipps said. "It will be right in your face. ... If you speak to an engineer and say, 'Is it possible to build on that site?' he will say, 'Yes, if you pay me enough.' "
Phipps said he didn't want to appear to be personally attacking the Constantins; he just didn't think a house on that land would be safe or esthetically proper.
Ted Cheeseman, a neighbor on Kittridge Road, said he and his family are concerned about the ecology of the area if a house was built. Telling the council he witnessed many slides on the Constantins' land while growing up in the area, he questioned the wisdom of allowing a house on the land.
Public Works Director Larry Perlin stressed to the council that the city geologist has determined the land buildable, but council members are still left questioning other safety issues regarding the property and legal questions if they deny the building site approval.
"In the two years I've been on the council and the two years I was on the Planning Commission, I don't recall ever looking at an issue of property where we were actually talking about denying all development whatsoever," Councilman Paul Jacobs said. "[It's a] complete denial of a person's right to use their property. And it's a very serious problem."
This article appeared in the Saratoga News, January 22, 1997.
©1997 Metro Publishing, Inc. All rights reserved.