February 8, 2006     Saratoga, California Since 1955
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Photograph by George Sakkestad
Sherry Kraule enjoys the view of downtown Saratoga from her living room window. She and her husband, Eric, opposed neighbor Kiet Tran's plans to build a two-story home next door. The new home will block the Kraules' view.
There's a 'monster' invading Fourth Street
By Jason Sweeney
A battle is being fought in Saratoga over the rights of property owners to use their property as they see fit versus the rights of neighbors to maintain their current quality of life.

As neighborhoods change and old houses are replaced by new, city hall is faced with competing visions for what the future of Saratoga should look like.

Kiet Tran went through plenty of ups and downs over the last year while trying to get a design for a new home on his property approved by the city. Neighbors were unhappy that he wanted to put in a second floor and came out in opposition.

The total floor area of Tran's proposed home was 2,449.4 square feet with a maximum height of 23 feet, both under the maximums allowed by city ordinances. But because the lot is only 5,177 square feet, and in one of Saratoga's oldest neighborhoods where houses are tightly spaced, neighbors called his design a monster home. They said the house was too big and bulky for the lot and for the neighborhood.

The planning commission sent Tran back to the drawing board for redesigns in order to address his neighbors' concerns. Then, in November, the planning commission voted 6-0 to reject the design for his new home altogether.

Tran gave it one last shot and appealed the planning commission's decision. On Jan. 18, things finally went his way. The city council voted 3-2 to overturn the planning commission's decision, which has now allowed Tran to go forward with his plans to tear down the small wooden home on Fourth Street and build a larger, modern home in its place.

"I was so glad that we could get the approval from the city council," Tran said. "The city council should be proud of its decision. It's going to be a nice addition to the Fourth Street neighborhood."

Neighbors on Fourth Street had spoken out at the planning commission meetings and before the city council to argue against Tran's plans, saying that the size of the house would cause them to lose privacy, sunlight and their views of downtown and the mountains.

Eric and Sherry Kraule live next to Tran's property. "We were happy with the planning commission but surprised with the way the city council vote went," Sherry Kraule said. "The city council is letting people move into the area and change the quality of life of the long-timers. I find that extremely sad."

The Kraules said a two-story home next door would block their view, block the sunlight that warms their living room in the winter, and eliminate any privacy in their backyard. A two-story home had already been built on the other side of their property. They said Tran's new home would further box them in.

"I'm not opposed to something new there, just a second story," Eric Kraule said. He said Tran has bought homes in other parts of the valley in order to tear them down and replace them with bigger homes, which he then sells for a profit. "Once he leaves, he's leaving me with a headache."

He said the city council has now set a precedent. "Now you're going to see a lot more of this."

When Tran put together the design for a two-story house with a basement, he was careful to follow the city's ordinances. He expressed his gratitude to the city for allowing him to go forward with his plans, but said the process of getting the approval was arduous and expensive. Several redesigns meant more money to his architects and more money paid out in city fees. "It was painful for me and my family. We had to delay our plans. It was a lot of work."

Tran said the city's enforcement of its codes was subjective. He likened the process to driving on a freeway. "If the posted speed limit is 65 miles per hour, the police shouldn't give me a ticket if I'm going 65."

Councilman Nick Streit voted to allow Tran to build his home. He explained his vote by saying the city's codes were set so that people could build to them. He said people spend millions to buy property in Saratoga under the assumption that they could build up to what the codes allow and that it was unfair to deny them that right.

Councilwoman Ann Waltonsmith, who voted against Tran's design, said the issue of people designing new homes up to maximum specifications was something the city has been struggling with. "I think there's a philosophical difference within the city council. Some think if you have a maximum allowance, you should be allowed to build to it. There are others that think that the max allowance is just a top number and that the house has to fit the neighborhood and the lot. Building a house isn't just by the numbers."

In response to Tran's driving metaphor, Waltonsmith said, "Lots of times when conditions don't warrant driving 65, if it's foggy or there's traffic, sometimes you have to slow down."

The planning commission came down against Tran's two-story home, as did Vice Mayor Aileen Kao. But the votes of Streit, Councilwoman Kathleen King and Mayor Norman Kline went Tran's way.

Tran is now going forward with his plans to build his new two-story home, which he said could be completed sometime next fall.

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