Property owner Joseph Quink submitted plans in October 2003 for a permit to remodel his existing one-story 1,008-square-foot residence on Glenwood Avenue into a two-story 4,550-square-foot house. On April 21 the city denied Quink's application, citing the project's incompatibility with the surrounding houses and its nonconforming design.

San Jose principal planner Susan Walton said the permit was denied not because of the net size, but because of the home's architectural design. The proposed second story was equal to 77 percent of the first story, which does not comply with the city's single-family design guidelines established in 1999. Because the second story was so big, it created "quite a long wall," she said.

And she told Quink, "You're not really taking the guidelines to heart," adding that the planning staff had informed his architect about the necessary changes.

She said that Quink could appeal to the San Jose Planning Commission if he made the appropriate architectural changes.

After the hearing, Quink, who bought the home in 1999, was not sure if he would appeal, and added, "I wanted a dream house in a dream neighborhood."

He also pointed out that his lot, which is 8,750 square feet, is larger than most of his neighbors' parcels, which are approximately 5,100 square feet, so he thought that the proportions of the home fit the property.

"I feel like I'm being punished for having a large lot," he said, during the hearing. "I pay taxes on it." Quink added that he wanted to build a Spanish-style villa with an open courtyard in the middle. He said he was trying to comply with the design guidelines and not exceed the 30-foot-height limit.

But neighbor David Lehr, who attended the hearing, said most of the homes on Glenwood Avenue are between 1,200 and 2,500 square feet and that Quink's proposed plans did not match the scale and shape of nearby houses, which are predominantly single-story residences on Glenwood Avenue.

"I could scale it down 600 feet, but would that make them any happier?" Quink asked. "Probably not. They're nitpicking. From the street it looks the same as all the other homes."

Quink's 2003 application came after the San Jose City Council approved the single-family design guidelines in December 1999. These guidelines were adopted after a local outcry from property owners that the character of their San Jose neighborhoods was being destroyed, with old bungalow-style houses being torn down and replaced by "monster" homes. The city then approved an ordinance in January 2000 that mandated that planners review new construction or remodels for single-family homes when the building exceeded more than 30 feet in height or was more than two stories high, when the floor-to-area ratio was more than .45 and if the home had any historic significance.

After the meeting, Quink noted that bigger houses have been built on surrounding streets like Newport, Lupton and Cherry avenues, although he acknowledged that those streets have larger lots than his. Prior to the April 21 hearing, Quink also said he spoke to 10 residents living on Glenwood and Cherry avenues about the project. He noted that those homeowners were supportive of his design.

However, Quink's next-door neighbor, to the west of his proposed home, David Freeman, said, "I don't question his right to build, but I'm concerned it will take down the value of my home."

Freeman has plans to expand his 970-square-foot house to 1,500 square feet and is worried that his property would be dwarfed by Quink's 4,550-square-foot project.

After the meeting, Quink said he had tried to explain to Freeman that there would be a big wall next to him "no matter what." But Quink suggested that adding trellises with flowers or a taller fence would soften the impact.

"I'd rather not cut off the 600 square feet," he said. "I kept it tasteful and within the theme of the neighborhood."

Kathleen Keith, who lives near Mildred and Lupton avenues, said she "loved" his architectural style but hoped he could redesign the project on a smaller scale.