Council postpones decision on a flag lot in subdivision

By Kara Chalmers

The Saratoga City Council heard an appeal on Nov. 15, of a planning commission decision about the placement of a driveway in a subdivision.

Developers Tim McNeil and Greg Howell recently won commission approval of their map for a five-lot subdivision on Carnelian Glen Court at the corner of Saratoga-Los Gatos Road. Their plans called for a house, built in 1953 that is on the property now, to remain on lot No. 3 of the subdivision. Partly because of constraints imposed because of the house, the driveway for lot 4 was situated to face the front door of the home of Lester and Helen Lee. The Lees appealed the approval to the council. Lot 4 is a "flag lot," meaning it is located behind another parcel and is accessed by a right-of-way that runs parallel to the front parcel.

The Lees live on Carnelian Glen Court. According to Helen Lee, who spoke at the council meeting, she wants the developers to move the flag lot to one side. According to the Lees' appeal, they think the location of the lot 4 driveway across from their home will reduce the value of their property.

The council directed the developers to bring a new plan to the council on Dec. 12, but Howell and McNeil said they do not yet know what type of plan they will bring. They said they would have to meet with neighbors again, before making any plans, but that two options would be a plan with four lots instead of five, or a plan with the lot 4 driveway reconfigured so that it would face away from the Lees' home.

The developers pointed out that another developer could come to the city with plans to raze the house on the property and put in a six- or seven-lot subdivision that would not require any variances from the city. They feel their plan is a compromise.

According to the proposed plan, there are actually three driveways that would face the Lee's home, for lots 3, 4 and 5, and some council members thought this was too much of a burden to place on one family.

"The three driveways change the character of Mrs. Lee's house," said Councilman Nick Streit. "If we could move the driveway in [lot] four one way or another or combine it, it would be OK. Otherwise, I would vote against the plan."

Council members were divided on whether to ask the developers to bring back plans for a four-lot subdivision, or just to move the driveway of lot 4. If the developers move the driveway, they would have to ask for a variance since the driveway would interfere with the setback for the older home on the property.

"I think Saratoga has a right to look at this as a very special place that may never be seven lots ... it may not even be five lots," said Councilwoman Ann Waltonsmith. "I think the house deserves a lighter lot." Councilman Evan Baker added he did not like the flag lot driveway, at all.

"I have a deep inherent dislike of this flag lot and the effect it has on the property," Baker said.

The plan that the planning commission approved 4-0 and the Lees appealed was a proposal to subdivide a 3.7-acre parcel into five parcels, ranging in size from 21,100 square feet to 46,530 square feet.

The proposal for the subdivision came before the planning commission for the first time on Aug. 9, 2000, at which time the commission continued it. The project was returned to the commission on Sept. 27, and they approved it with the condition that the house be placed on the city's Historic Residences Inventory. The Lees filed an appeal of the decision on Nov. 1.

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