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Saratoga council standing firm on family's concrete walkway

By Michele Tjin

A Saratoga family will get to keep its concrete walkway despite a neighbor's objection that the pathway is hurting her olive trees.

At their Feb. 21 meeting, Saratoga City Council members gave their support to Paul Qian and Suying Yang, saying they can leave a portion of their concrete pathway underneath two olive trees as is.

Qian and Yang received approval in 2003 to build a house on Springer Avenue. As part of their conditions, they were to use a material for the pathway that would allow trees to get moisture and oxygen through the roots. However, Qian and Yang used concrete, though they weren't supposed to, and the city staff missed that requirement when they signed off on the project.

Neighbor Yolanda Martin said the construction of the house has damaged her trees.

"The city failed to supervise this project and failed to enforce requirements that were made a condition of approval," she said.

Last year the city granted Qian and Yang a modification of plans to allow a portion of the walkway near Martin's olive trees to remain concrete while requiring the part near her oak tree to be replaced with porous material. Martin, who wanted the concrete portion removed, appealed the city's decision to the Saratoga Planning Commission, but it rejected her petition at its Jan. 10 meeting.

Martin tried one more time. This time, she went to the city council and argued that with the damage her trees have sustained, removing the concrete part of the walkway is one thing that can be reversed. She said the roots of the trees were already illegally cut through.

"An impervious cement walkway can easily and inexpensively be undone," she said. "It can be replaced with pavers or a porous material that can help mitigate the problems."

However, her neighbors said they had arborists' reports on their side.

"All the professionals said the olive trees will be OK," Yang said.

The majority of the city council sided with Qian and Yang. Vice Mayor Ann Waltonsmith said that while the city made mistakes by not enforcing all the conditions, it would be best to leave the situation as it is.

"The more you do, the more impact you make," she said. "The more you run Bobcats [machines to break concrete], the more impact you do to roots."

Council members Chuck Page and Jill Hunter voted in the minority.

"It wouldn't be that big an effort to just get the concrete out of there and do what was supposed to be done originally," Hunter said.

The planning commissioners at their January meeting had voted for the city to refund Martin the $250 appeal fee for the commission hearing, agreeing she shouldn't have to pay for the city's and her neighbor's mistakes. However, the city council overturned the commissioners' vote. Even if there were mistakes, a process should be followed, they said.

"I'd like to respect that principle," Mayor Aileen Kao said.

Only Hunter sided with the planning commission and Martin on the refund.

After the meeting, Martin said she was disappointed. She said the arborists who supported her neighbors were not given all of the facts.

"Yes, people make mistakes, but the city won't take responsibility," Martin said. "I work in the banking industry. [If I mess up your account], I have to make you whole."