The proposed construction had some neighbors up in arms. They felt that the rural character of their neighborhood would be destroyed if the commission decided to say yes to the project.

Nancy Kundtz, whose property is located next to the proposed construction, brought the matter to the attention of the city council at a meeting on Dec. 1. She opposed the plan again at the planning commission hearing on Dec. 8.

The proposed construction has a total floor area of 6,483-square feet. Since the property is located on the hillsides, construction can only happen if the city decides to allow variances on the project.

John Livingstone, the city planner associated with the project, said in his opening remarks that the proposed structure would be one of the least visible structures on the street. He also said that planning staff had received about 10 letters from neighbors who disagreed about the project.

Steve Sheng, the owner of the property, said that he had purchased the parcel in 1990 and his choices in the construction of a house there were severely limited because of geographical constraints.

"The proposed house is too big. It will overwhelm the neighborhood and destroy my privacy," said Kundtz at the meeting. She also claimed that the proposed project did not conform to several city regulations.

"Steve has never spoken to me about the proposed plan. He has also circumvented the system." Kundtz said that if the commission decided to say yes to the construction, her home would be totally devalued.

Some other neighbors said that the house was too large and bulky for the neighborhood. David Dolloff, a Saratoga resident who lives nearby, was one of the people who wrote to Community Development Director Tom Sullivan to complain about the project.

"The Herber Way project adjacent to the Kundtz property is a classic example of the planning department's inability to do its assigned job. In this situation the Kundtz's privacy and property values will be adversely affected to the extreme. How the plans were ever able to get through planning is a reflection of how the planning department is being run," said the letter by Dolloff.

When the planning commissioners started discussing the project, Commissioner Jill Hunter said that the Saratoga hillsides belonged to everyone. "This affects us all," she said. She also said that she was in favor of a plan that was less bulky.

Most of the other commissioners felt the same way. Commissioner Susie Nagpal said that she wanted to encourage more dialogue between the applicant and the neighbors. Commissioner Linda Rodgers said that the building should be consistent with other buildings in the neighborhood. In the end, the commission decided to send the plan back to planning staff for changes.

Sheng said that he was frustrated by his inability to build a house on the property.

"I purchased the property in 1990 and the project was submitted to the planning department in 1999. I have a right to enjoy my property," he said.