Menlo rejects plan for two-story house Menlo rejects plan for two-story house (August 22, 2001)

**Lemon Street debate reflects shortcomings in city's review of homebuilding.

By Pam Smith

Almanac Staff Writer

A property owner will not be allowed to build a two-story home on his Lemon Street lot, because neighbors complained that such a home in their predominantly one-story Eichler neighborhood would ruin the street's character and interfere with their quality of life.

The property's owners say the decision was arbitrary, and that their project would have been built already if their lot was a standard shape. They say that until the city's review process is made more consistent, the council's decision has implications for anyone with a substandard lot _ and 40 percent of Menlo Park lots are substandard.

Those who want to build on substandard lots must get approval from the Planning Commission, and possibly the council.

Though the Planning Commission approved a use permit to build the two-story house at 710 Lemon St., the City Council sided with neighbors on both sides of the house who appealed the decision to the council. The council rejected the plan in a 3-2 vote August 7, with council members Chuck Kinney and Nicholas Jellins dissenting.

"Even if the developer's done a good job," said Councilman Paul Collacchi, the deciding factor for him is, "how is the home being received in the neighborhood?"

On Lemon Street, not well. Neighbors said that if allowed to build a two-story home, Mr. Lewis would "grossly increase" his property value at the expense of his neighbors.

The developers do not believe the council's decision was well founded in law _ "the decision was arbitrary, it was random" _ and a court challenge is one of many options they are exploring, said Todd Roberts, attorney for general contractor Craig Lewis, who is developing his first property along with a few other investors as the Vista Valley Group.

"We intend to explore a variety of options," Mr. Roberts added, including building a one-story home, though Mr. Lewis thinks the lot is too narrow for a good one-story design.

The neighbors who appealed the decision _ appellants Richard and Dianne Blake, and Earl and Emma Jane Shelton _ said that a two-story house would cast shadows and invade the privacy they cherish in their outdoor-oriented Eichlers.

"I can tell you my quality of life would suffer," said Brian Sutphin, who has lived across the street for 12 years.

"The problem that I have," said Councilwoman Mary Jo Borak, is that a two-story home "really is out of keeping with the surrounding neighborhood."

Councilmen Kinney and Jellins expressed reservations at the council's decision.

"I guess ... we're saying that only one-story houses can be built on this lot," Mr. Kinney said. "I have a little difficulty with that."
Larger context

Some people, including council members, said the Lemon Street decision may affect more than just Mr. Lewis.

"People who are about to sell or about to buy property on that side of the street are stuck," Mr. Lewis said, limited to one-story houses and low property values.

It could have implications for anyone in the city who wants to develop a two-story home on a substandard lot, Mr. Roberts said, because they too would have to apply for a use permit.

Mr. Lewis agreed with council members, who all have said they hope a proposed city ordinance, expected before the council by the beginning of October, and a proposed set of design guidelines will help clarify and objectify the process for neighbors and builders.

"I think there has been some truth" in criticism that the city doesn't have fair rules for review, said Ms. Borak.

According to city officials, that ordinance is expected to call second-story projects before the Planning Commission, and allow less controversial projects, even on substandard lots, to be reviewed by city staff.

"Where they're heading is a good thing [that's] hopefully going to get rid of the discrepancies and inconsistencies [in decisions] that there are now," Mr. Lewis said.