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Published on 08/03/1998 All articles from this issue

City says it again: Sunkist unit is legal

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By Joann Peach

Special to the Town Crier

In what some residents have viewed as needless city involvement, the Los Altos Planning Commission voted unanimously last Thursday to uphold an earlier ruling that the controversial second unit built at 288 Avalon Drive complies with zoning code requirements.

The debate on whether the box-like cottage was up to code has been one that has waged on for several months.

At Thursday's meeting, owners Gary and Eileen Greenberg heard what they thought was their understanding all along: that their property was indeed up to code and that no further city action should be taken.

However, the issue resurfaced in June when the Los Altos City Council responded to residents' complaints about the project by agreeing to send it to the planning commission for review.

The Greenbergs' attorney, Allan Zapala, pointed out to the commission that the Greenbergs had a "vested property right" to the second living unit by stating that "once a permit is issued, municipalities cannot limit or revoke it unless there is a compelling public interest."

"What they hope for, wish for and dream for is to be good neighbors to Los Altos residents and to Avalon residents," Zapala said.

A weary Gary Greenberg also made a short statement to the commission.

"I believe I have done everything that has been asked by staff and I can't understand why I'm still here. My wife and I just want a positive closure and want to become friends with our neighbors," he said.

During the meeting, several neighbors spoke on behalf of the Greenbergs, each saying that since the property had already been approved and received the proper permits the matter should be dropped.

"Homeowners shouldn't have to come back months after a project has been completed. What needs to happen now is that the neighbors should speak with the Greenbergs one-on-one," said George Brown.

Although the project had already received proper permits, some of the Greenbergs' neighbors were still concerned about the two gates located at the backside of the cottage as well as the overall aesthetics of the cottage. A three-man presentation by Earl Ferguson, Dan Atler and Pete Sorenson, outlined some of the neighbors' concerns with the unit.

During the presentation, they said the design and style of the second living unit did not fit with the main house.

A gingerbread-style cottage was the original vision of the Greenbergs and developer Abigail Aherns, part of the Greenbergs' architectural design team. Instead, in compliance with neighbor requests and zoning, a less attractive house was built.

"This is just like the old adage, 'Be careful what you ask for.' It breaks my heart that the cottage isn't adorable.

"This is what happens when council listens to the minority instead of the town it represents," Aherns said.

Another major concern was regarding the two gates, which face Sunkist Lane while the main house and the second unit face Avalon.

Zapala responded that "the issue of the number of gates is an issue of privacy. Tenants desire privacy."

"People are concerned with property values going down. I think there are options. The building and fence needs to be hidden and it needs to be compatible with the surrounding structures," said Los Altos resident Dick King.

Other neighbors felt that keeping the fences in was not only acceptable, but necessary.

"I don't see an issue, in all honesty," said Marcy McLaughlin. "Not having gates could be a major problem in safety."

Commissioner Chet Frankenfield, who was not in attendance but did provide a letter of support for the Greenbergs, agreed that the gates needed no monitoring and that the project was in compliance with city code.

In his letter, Frankenfield voiced his puzzlement on why the matter was still up for discussion when all conditions were met.

Planning commission members also agreed that the Greenbergs had complied to all conditions. The recommendations will go before the Los Altos City Council at its Aug. 18 meeting.

"It is very unfortunate we're back here to take yet another bite of the apple. I congratulate the Greenbergs on getting the support they have received and I encourage supporters to come to the City Council meeting," said Commissioner Jeff Warmouth.