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A developer's plan to demolish a 1907 Craftsman home, tear out an English walnut tree dating back to the 1930s and replace them with four single-family homes on Villa Avenue is on hold. San Jose planning commissioners did not approve the project at their meeting on Jan. 25.
After almost an hour of discussion and voting 4-2 against requiring the developer to reduce the number of homes to three, the six commissioners present unanimously voted to defer the issue to their Feb. 22 meeting.
At the same time, they sent a very clear message that they want the developer to make every effort to preserve the walnut tree and reconfigure the development so that the setbacks between the proposed homes and adjacent properties are wider.
S. Victor Emmanuel, who lives on
W. Taylor Street directly behind the property at 969 Villa, is the most vocal opponent of the development on the one-third-acre site.
Emmanuel sent photographs of the house and the walnut, along with a letter listing his concerns about the proposed development, including the potential for drainage damaging his 100-year-old garage, to each commissioner.
Additionally, Emmanuel submitted a letter of support for preserving the walnut tree from Ralph Mize, the city arborist.
Mize wrote, "I would hope that the walnut could be saved, as well as the large oak and pine also present on the lot. It is too bad that the house itself is likely to be demolished, as with some TLC it could be a gem.
"However, with providing sufficient rear setback on the property and protection during construction, it appears to me that the walnut would be worthy of retention and not too difficult to plan around. It certainly reflects the historic character of the neighborhood and is a remnant of the 'Valley of Heart's Delight' when the orchards were the dominant land use."
Stephen Kurtagh, a Villa Avenue resident near the proposed development, asked the commission to "save as many trees as can be saved" and to "consider the neighborhood and maintain the quality that the property had at one time" before approving any designs.
Kurtagh said he had "no concern for the number of units" built on the property as long as it is in keeping with the character of the neighborhood.
Speaking on behalf of property owner Sahel Helweh and LS Developers, Carey Sutton told the commission they had already scaled back their initial plans for a high-density apartment building in favor of four single-family homes to sell in the $900,000 to $950,000 range.
Scaling the development back to three homes isn't financially feasible, he said.
Additionally, Sutton said they had already altered plans to preserve a double-trunk oak tree and a Canary Island pine on the property.
Commissioner Bob Levy pointed out that the proposed setbacks are substandard and said whether a proposal is financially feasible isn't a factor.
Commissioner Jim Zito offered an initial resolution that the developer's request for rezoning and permission to demolish the house be approved but that the number of homes be reduced from four to three. Levy was the only one to support that in a vote.
The commissioners ultimately voted to defer the matter for a month.
Both Zito and Commissioner Jay James said they were impressed with the house at 969 Villa. The front of the 1907 house is faced with river stone across the front, on the fireplace and on two porch columns.
Planner Erin Morris said one of the stipulations city planning staff is recommending is that the house be offered to anyone who wants to move it, with the approximate demolition costs offered as an incentive. If no one steps forward, then the house must be offered for salvage.
Following the hearing, Emmanuel said he was pleased with the commissioners' action.
Sutton said the developers "were a little bit disappointed. We think we have a good, solid project that creates advantages and benefits the neighborhood and community at large."
However, he said, they were moving forward and on Jan. 26 already set appointments with the architect and city planners to discuss the development.
"We'll either do three or four single-family homes," Sutton said. "I don't think attached is good for that area."
Sutton said it's not impossible that the home could be preserved where it is.
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