Photograph by Jacqueline Ramseyer
Tree Fight: Willow Glen resident Neil Najibi stands by the corner of Dry Creek Road and Sycamore Glen, with two heritage sycamore trees in the background. Najibi, who has lived in the area for four years, is concerned about homeowners' plans to build a new fence that will enclose the sycamores.
Sycamore Glen residents upset by homeowners' plans to re-fence yard
City planners grant fence request May 8; residents appeal
By Sheila Sanchez
A group of residents living in the upscale Sycamore Glen subdivision in Willow Glen are upset after San Jose planning officials on May 8 granted permission to move a fence at the southwest corner of Dry Creek Road and Sycamore Glen, a move that will enclose two landmark heritage sycamore trees.
Pat and Becky Dimanto, owners of the home at 1734 Dry Creek Rd., where the trees are located, filed a fence variance application through Tamura Iwanaga Inc., a Morgan Hill landscaping firm working on upgrades to the home.
In its request to the city, Tamura Iwanaga Inc.'s Irving Tamura said the fence was being removed along the street side of the home at Sycamore Glen to protect the trees.
But Carol Anderson, who wrote the original plan for the neighborhood, wrote in a letter opposing the project that she "included the noted trees to be part of view space for the entire development. Allowing these trees to be fenced in limits the general view aspect of the neighborhood."
She added that a new fence, closer to Sycamore Glen Street, would also be a traffic hazard.
Others, like Shirley M. Gilman, who live on Dorrance Court, said the proposed change in fencing will obstruct the view of vehicles and will alter the beauty of the neighborhood. "The sycamore trees are in seemingly good health as they stand, and can be enjoyed by all those who pass by," Gilman wrote in a letter opposing the fence move.
Neil Najibi, who lives one block away from the property, said any changes to the corner of Dry Creek Road and Sycamore Glen--considered the "gateway" to the neighborhood--would be detrimental to the safety and beauty of the neighborhood.
However, Becky Dimanto said that she's surprised by the neighborhood's opposition to the fence variance application and claims that the residents complaining about the project aren't even her neighbors. "This is going to be a beautiful fence, the most beautiful one in the neighborhood. We notified so many people as a nice gesture. We're in the business of making buildings; we do this the right way," she added.
Pat Dimanto, who is one of two owners of San Jose Construction, one of the oldest and biggest construction companies in the Bay Area, said, "The neighbors don't really know exactly what we're going to do with the property. Anything we do will improve the neighborhood. We're not going to harm those trees."
He feels that once the neighbors see the complete plan for the property, they'll be pleased with the project. "We haven't completed all our studies yet. We're considering all options."
Najibi charged that San Jose's Department of Planning, Building and Code Enforcement approved the change because of Dimanto's alleged influence as a prominent builder. "They didn't even question or probe or study any issues raised by the neighbors. The decision was already made. I was astounded. I couldn't believe it," he added. "They're trying to ram this project through because of the power and influence of the owner."
About the neighbors' accusation that the planning department approved the project quickly because of his influence, Pat Dimanto said, "I'm just a normal homeowner like everybody else. We're doing what is well within the approval of the city."
Dimanto said that besides moving the fence, he's also planning to re-landscape the home's back and front yards, paint its front, add a fourth car garage and build a new master bedroom suite. "We're spending a good amount of money to make this a better place to live. We're not just pushing the fence out. It will make the whole site better."
Anastazia Aziz, project manager with the San Jose Department of Planning, Building and Code Enforcement, said the fence application was as objectively reviewed as others submitted to the department. "We evaluated it according to our General Plan, zoning ordinance and design guidelines. Regardless of who the applicant is, they're all treated with the same objective eye."
Other neighbors are upset because they claim they weren't properly notified about the fence variance request. Najibi said he was one of those not notified.
Aziz explained that it was Dimanto's responsibility, as the applicant, to provide a mailing list with envelopes for those living within 300 feet of the project's location. She said she has reviewed the neighbors' complaints and met with about six of the residents since the May 8 hearing. She said that Dimanto's landscape architect used a title company to reach everyone within 300 feet from the home. She added, however, that some people who own property near the home don't live there.
Because the residents have appealed the approved fence variance request through Najibi, who is leading the opposition against the project, Aziz said the San Jose Planning Commission will decide the project's fate. The date for that hearing has not been set.
"I won't make any subjective opinions. This is about the location of the fence. The department looked at the proposal and the findings in the zoning ordinance about corner properties and where fences can be placed. The project appeared to meet the findings," Aziz said. "They want to move the fence to increase their rear yard area."
Najibi's sentiments were echoed by Robert and Nancy Bernal, who wrote in a letter opposing the fence proposal that "we have passed through that intersection countless times during the 36 years of living in our home and can see no adequate justification for changing the fence line that has enhanced the overall appearance of our neighborhood."
Constance M. Gum, who lives at 1730 Mulberry Lane, said the trees that might be fenced are companions to the ones on the other side of the street and "make for an attractive entrance to the neighborhood."
John H. Sternitzky, who also lives in the neighborhood, said that erecting the proposed fence would significantly diminish the openness of the neighborhood and, worse, introduce acceptance of "egocentric compartmentalization."
"Any fencing or screening of properties from a street side view suggests a fear of the outside world and need to be disconnected from the surrounding community. Ultimately, should this variance request be granted, should we next prepare for a return of the medieval concept of drawbridge, moat and portcullis in our Willow Glen landscape?"
The subdivision's original developer, Mackay Homes, capitalized on the trees as a feature in its sales brochure more than 35 years ago, said Don and Carolyn Glendenning in another letter opposing the fence move.
"We don't want the fence moved for static and safety reasons. We should be sensitive to what the majority of the neighbors want. It will create a blind corner," Najibi said.
A real estate agent who moved into the area four years ago with his wife and two children, Najibi added that after the May 8 meeting he felt cheated. "I wondered why this was done. If they wanted feedback, they didn't ask any questions of me or the other neighbors who are against this change."
Najibi said that the residents against the fence move are the same ones who in February of 1999 got together and collected signatures to encourage the city to save a 25-year-old zelkova tree.
"Why, after 40 years, do they think those trees need to be protected?" he asked.
Another neighbor, who didn't want to be identified, said the project was approved because of Dimanto's connections with city planners.
"This was rubber stamped before we even got there," she said. "Why bother to send the notices out when they weren't willing to listen? This was a done deal. It didn't matter what we said. They had already made up their minds, and that was the part that was so sad. You think you're participating in the process and you're led to believe that your input will be considered and then it's a done deal.
"Here we are trying to beautify Willow Glen and we're going to take this beautiful corner and fence it in. The trees are majestic. Everybody enjoys them," she said.
"I would think, at least, they would have delayed their decision based on the fact that not everybody was notified, but there are at least 17 or 18 homes that haven't been notified," she continued.
Wendy Kim-Johnson, a criminal defense attorney who lives around the corner on Dorrance Court, passes that home every day because it's a major egress from Meridian Avenue. She said that her first and foremost concern is that the fence will be a major traffic hazard. She explained that when cars are parked on the street where the fence will be placed it's difficult to see if cars are coming in the opposite direction because of the road's incline.
"A fence will make it even more difficult to see. There are a lot of children in the area playing. It will be dangerous," said Kim-Johnson, who's lived in the neighborhood for eight years.
Kim-Johnson's other concern is that the project will affect the neighborhood's aesthetics. "It won't fit in with the overall look of the neighborhood," she said.
Aziz said she will prepare a report for the planning commission with all the information submitted by the neighbors.
Willow Glen, California Since 1992
