Atherton to remain free of tract houses Atherton to remain free of tract houses (October 26, 2005)

By Andrea Gemmet

Almanac Staff Writer

Atherton residents can breathe easy - the town has been spared the blight of cookie-cutter houses.

Last month, Atherton residents complained that designs for a three-home subdivision near the train station were too similar, and would end up looking like high-end tract houses. The homes are proposed for one-third acre lots at 40, 50 and 60 Ashfield Road, and range in size from nearly 3,700 to almost 4,000 square feet.

Over protests by Brian Kelly Jr. and Brian Kelly Sr. of Saratoga-based Kelly Gordon Development Corp., the Atherton City Council sent them back to the drawing board on a split vote at the September 21 meeting.

The Messrs. Kelly had argued that the three homes would have distinctive looks, with one in the Spanish style, another a wood-shingle Craftsman type, and one with colonial architectural details.

The new plans met with the neighbors' approval, according to Brian Kelly Jr., and the Atherton City Council approved the project on a 5-0 vote at the October 19 meeting.

"I've talked with the residents, and they are delighted with what you've done," said Councilwoman Kathy McKeithen.

It is unusual for Atherton city officials to weigh in on the design of homes that meet the zoning code's setback and floor area requirements, but the complicated provenance of the three small lots made them subject to a so-called exception review.

The lots were originally subdivided in 1907, predating Atherton's one-acre-minimum rule. Until recently, the property held only one home that straddled property lines. That house was torn down earlier this year, causing consternation among neighbors on Ashfield Road and people with abutting properties on Maple Avenue.

Neighbors originally fought the subdivision contesting a decision by Building Official Mike Hood, who said town rules compelled him to issue certificates of compliance legalizing the subdivision.

Neighbor Paul Quinlan contended that some possibly illegal "adjusting" of the property lines enlarged the three Ashfield lots by taking strips of land from three abutting lots on Maple Avenue in the 1930s. However, the council followed the advice of City Attorney Marc Hynes and supported Mr. Hood's action at a meeting in June.

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