Bryan and Katrina Rosevear are building a home two lots away. They would also like a nice view of the hills from their second-story master bedroom windows.

But part of the Rosevears' view would look down onto the Bonds' bedroom windows 75 feet away. The Bonds feared the proposed bedroom windows in the Rosevear home would result in a loss of their privacy.

It was an issue the Saratoga Planning Commission was hoping the Rosevears and Bonds could resolve on their own. At its Sept. 28 meeting, the planning commission approved the Rosevears' design plans on the condition that they amicably resolve the privacy concerns of the Bonds. A variety of solutions to address those concerns were proposed, including glazed glass and changes in the size and placement of the windows.

At the Nov. 10 meeting of the planning commission, the Rosevears and the Bonds returned. No amicable solution had been reached. Negotiations had broken down and lawsuits had been threatened. The Rosevears wanted their view of the hills and the Bonds wanted their privacy.

A report prepared by associate planner Lata Vasudevan recommended that since no agreement by the neighbors could be reached, the planning commission should approve the design of the Rosevears' second floor windows as originally proposed.

"As you can tell, our negotiations didn't go well," Barbara Bond said before the planning commission.

"I can tell you with a clear conscience that we need to have our privacy protected," Ken Bond said.

Ken and Barbara Bond explained that since their home is old, they rely on their bedroom windows for ventilation. They said the only way to retain their privacy was to keep their blinds permanently closed.

"They have endless resources to sue us," Katrina Rosevear said. "We don't have endless resources to fight back."

Commissioner Michael Schallop was not moved by the Bonds' privacy concerns. "The expectation is that you shouldn't have to put down blinds to have privacy?" he asked. "I think the neighbor has an expectation of privacy that the code does not support."

Commissioner Manny Cappello said that bedroom windows in the Rosevear home would provide a spectacular view of the hills. "I think it would be a travesty to remove that view." He said that he would understand the Bonds' concerns if the proposed windows were in an adjacent home, but the Rosevear home is two houses and 75 feet away.

Commissioner Robert Kundtz said privacy is part of the quality of life in Saratoga. "I cannot support staff's recommendation as proposed," he said.

"After many years on this commission, we've faced this problem many times," Commissioner Jill Hunter said. She said the planning commission had changed home designs to honor privacy before. "I think we have to compromise with the concerns here."

In a 4-2 decision, the planning commission voted to permit the Rosevears to put in a window option that allowed for a view of the hills--and of the Bonds' master bedroom windows 75 feet away. Commissioners Susie Nagpal, Linda Rodgers, Cappello and Schallop voted to approve, with Kundtz and Hunter dissenting.