Neighborhood wins a fight as family loses right to subdivide

City Council ignores planning department recommendation and denies the lot split

By Jessica Lyons

When Rose Garden residents Thad and Elaine Leingang received approval from City Planning to subdivide their lot at 1195 University into two lots for future development, they planned to remove the car port and overhang from the 1905 house, build a new garage and driveway, and restore the original structure of the historic house. They also planned to build a second house on the subdivided lot.

They didn't expect six months later that City Council would reverse the planning director's decision. But after hearing public testimony from Rose Garden and Willow Glen neighbors on both sides of the issue--and a motion by District 6 Councilmember Frank Fiscalini to deny the lot split--the Council decided the Leingang's historic house will stay as is.

"One side of my heart really bleeds for the Leingangs, but when I look at this issue I recognize very clearly that once the entitlement is granted, no one in this city really has complete control over what happens," Fiscalini said. "This home happens to be a very historic home. It has a historic significance that has not been totally weighed. I believe in conscience I'm doing what is best for this community in forwarding the lot split be denied."

At the March 16 Council meeting, members voted 6-2-3 to deny the lot split. Council members Dando and Matthews voted against the motion. LeZotte, Powers and Woody were absent.

"There isn't anyone who has more respect for historic neighborhoods than I do, but I also have a real respect for people who follow the rules," said Dando, who voted in support of the Leingangs, but also requested the council not entertain anymore lot split hearings until a single family remodel ordinance is approved. "We set the rules. I don't believe it's right to balance our wrongs on the backs of these people who followed all the rules."

More San Joseans are moving to the city's older neighborhoods. At the same time, battles like the Leingang's are tearing these neighborhoods apart. One side says property owners have the right to do what they want with property that they own. The other side says the resulting mini-mansions, built next to historic houses on small lots, are destroying the integrity of the neighborhoods.

"It's a delicate balance," Fiscalini's chief-of-staff Michelle McGurk says. "We don't want to stop people from adding on to their property, but at the same time we don't want the character of our neighborhoods to change dramatically."

This isn't a new issue for Willow Glen.

"The city is losing it's older neighborhoods," says WGNA President Kris Cunningham, who urged the council to deny the lot split. "For the last two years, we have been saying that these neighborhoods have not been protected. Neighbors are being pitted against neighbor with these large homes built on small lots. There needs to be proper planning, and recognition that these are existing neighborhoods."

Spearheaded by Fiscalini, legislation to address the issues of lot splitting, building new homes in old neighborhood and remodeling historic homes is currently being reviewed by the city attorney. Law-makers hope to see the legislation go before City Council in the near future.

But it's too late to help Thad and Elaine Leingang.

"We did everything expected of us, and now we're in trouble," Thad said, after the Council Meeting. "We followed the rules. This decision will put a tremendous financial hardship on my family. The city government gave us preliminary approval before we closed escrow, and now we can't fund the improvements in a house that's falling apart, so the neighborhood lost and won."

Around the Glen

Nations' name changes

Sports Briefs

Willow Glen track, softball, tennis