Saratoga News

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Residents take a stab at fencing change, but city missed the point

Planning doesn't approve redesign of pool fencing

By Jason Sweeney

When Doug and Debra Sabella put in a pool at their hillside home, they were required by city ordinance to put a fence around it. Their design for a wrought iron fence around their pool was given the OK by the Saratoga Planning Department.

In an email, one neighbor said if the Sabellas put in the fence, the view of their house from her home would be like looking at "San Quentin."

After reconsidering their initial design for the fence, the Sabellas requested the planning department allow an exception to city fence requirements so they could redesign the fence. Their redesign included a 5-foot tubular steel and chain link fence that enclosed a larger area of their hillside property.

At the planning commission meeting on May 21, city staff recommended the planning commission deny the Sabellas the exception. The planning department had found the new design was not consistent with the city's General Plan and Hillside Specification Plan.

"We tried to do the right thing," Debra Sabella told the planning commission. "We don't want to look at anything ugly either. We really feel that this is the best alternative for the community."

In a 3-2 vote, the planning commission sided with the city staff recommendation.

Commissioners Linda Rodgers, Yan Zhao and Manny Cappello voted to deny the Sabellas permission for the new fence design. Several reasons were cited, including not wanting to block off wildlife migration routes on the hillside or reduce the appearance of a rural environment.

Commissioners Joyce Hlava and Robert Kundtz voted for the exception.

Sabella said since the previous fence design had already been approved, she did not want to spend any more time or money on the fence. With a graduation party for her daughter already planned, work on the first wrought iron fence plan would begin immediately, she said.

"It's going to be an eyesore," Kundtz said.

In other news, the planning commission voted unanimously to allow Denny Fang to move his dental office into a corner space at The Big Tree shopping center on Prospect Road. The corner space had seen several retail businesses come and go over the years. Property owner John Segall said a dentist's office would be a stable tenant that would bring more traffic to the shopping center, which is home to See's Candy, Roundtable Pizza and seven smaller tenants.

Fang, who grew up in the area and recently returned, said opening an office in Saratoga was "like returning home."

"We just want to comment on the brilliance of opening a dentist office next to a candy store," Kundtz said.

In its final item of the night, the commission voted 3-2 to allow Diane and Larry Haney to remove a large deodar cedar tree from their property on Sousa Lane. The Haneys said large branches often fell from the tree, and they did not feel safe living under it. The Haneys were appealing the denial of a tree permit to remove the tree that they had filed on March 14.

Staff arborist Kate Bear recommended the commission deny the application for the tree removal, stating corrective pruning would reduce the weight of the branches. "Pruning will solve the problem of dropping limbs," she said.

"We cannot foretell when another branch will break," Diane Haney said. "I fear for my safety." She does not allow her grandson to play in her backyard, and she is scared of falling branches when she mows the lawn. Falling branches have damaged her roof, she said. "This is a safety issue. I'm definitely afraid of that tree."

Kundtz, Zhao and Hlava voted for removal of the tree with the condition the Haneys work with the city arborist to replace it with another tree or trees.

Bear said that the cedar is valued at $20,000, and the city requires a replacement of equal value. With the Haneys expressing shock at the cost of replacing the tree, the commission said it could be flexible on the cost.

Cappello and Rodgers had voted to retain the tree. "We as a community value our large trees," Cappello said.

Commissioners Jill Hunter and Susie Nagpal were absent from the meeting.