July 09, 2004

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Palo Alto Online

City Council to consider open space vs. property rights

by Jocelyn Dong

Up along Page Mill Road, miles past Palo Alto's Foothills Park, lies a part of the city that most residents of Palo Alto proper likely don't even know is within city limits. But it is here at 2,000 feet that some fellow Palo Altans have chosen to live, on properties ranging in size from about one acre to more than 10 and with vast, soul-refreshing views of Los Trancos Preserve and other open spaces.

Although the benefits of living above and beyond civilization are many, the choice also comes with restrictions, ones designed to balance homeowners' rights to build on their property with the public's right to uncluttered vistas.

One resident's challenge will come before the council for the second time on Monday night.

David Ditzel owns one acre of land along a bend of Page Mill Road, a place where he lives with his family, grows tomatoes and from which he launches out on hikes. He would like to make improvements to his 37-year-old home, adding a new garage, deck, swimming pool and pushing one wall of his house out a few feet. The residence size would total about 5,100 square feet, according to a city staff report.

When the council first considered his request in February, they raised concerns that the home and other structures would be too visible from the road and from the open spaces that surround the home. The council voted 6-2 against moving the project forward, with Council members Dena Mossar and Jack Morton supporting Ditzel's application.

On Monday night, Ditzel hopes that pictures of his property will be worth a thousand words -- and that those words will change some minds.

The photos will show council members what the property looks like from the open spaces and from the road, information they didn't have to consider in February, Ditzel said. His architects, Cathy Cartmell and Tony Tam of Cartmell/Tam Architects, have made a concerted effort to design the buildings with a low profile, he said.

Ditzel is not the first property owner to ask permission to build. Both of his neighbors got the council's approval over the years to add to their homes, resulting in houses larger than Ditzel's proposed home, he said.

That fact causes him a bit of consternation.

"I think they (council members) need to be consistent," Ditzel said.

Although he said he and his architects have been extremely careful to work within city guidelines, Ditzel's patience seems to be wearing a bit thin. He noted the irony that the planning commission last fall approved an 81-unit senior apartment complex located on one acre, the Sunrise Development on El Camino Real, the same night that they sent his application back for further improvements.

But the open space laws, according to the city, are unique, requiring "special consideration beyond what is typically required in other districts," according to a city staff report. "The protection of open pace as a public asset is a priority."

Cartmell, who is not only Ditzel's architect but who also lives in the open-space district, pointed out that the needs of both the public and Ditzel can be met by placing shrubs and other vegetation in front of buildings to hide them from the public's view.

She's hoping the photos will persuade the council to approve the project.

"Hopefully with more information, they'll be more understanding," she said. Senior staff writer Jocelyn Dong can be reached at jdong@paweekly.com.

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