Michael and Linh Bauer were granted a single-family home permit at a Nov. 2 San Jose Planning Director hearing, despite opposing letters and testimony from neighbors. Neighbors claim the proposed home is too large and that a 500-square foot rear deck will interfere with their privacy.

Typically, single-family home permits do not require a public hearing. However, additional review by the planning department and public hearing are required when the floor-to-area ratio exceeds 45 percent. The Bauer home has a 51 percent floor-to-area ratio.

Victor Giacalone, a 30-year Carolyn Avenue resident, asked principal planner Jean Hamilton to require the Bauers to stay within the 45 percent guideline so it will be consistent with the neighborhood. Giacalone's home borders the Bauer property.

Neighbors claim the majority of Glenn Avenue homes range in size from 1,500- to 2,000-square feet and are fashioned in the English cottage and Tudor architectural styles.

"My feeling is it's just too large," said Allan Bradley, a Carolyn Avenue resident.

Bradley argued that the home would look larger than its proposed 3,355-square feet because a covered porch and spacious deck are not included in the square footage.

However, Hamilton said the 45 percent benchmark is merely a guideline for planning review.

Linh Bauer said they could decrease square footage inside to reach the 45 percent mark by eliminating an upstairs room, but the home would look the same on the outside.

The couple's master bedroom deck also remained a point of contention. Although it is 44 feet from the property line, 24 feet more than required, neighbors said the Bauers will be able to peer into their yards and bedrooms from the deck.

"Mike and I don't want to eliminate our rear terrace," Linh Bauer said. "It's something we absolutely love."

Michael Bauer proposed planting several trees between the homes to block the view. Bauer said he is willing to purchase 12- to 15-foot trees of the neighbors' choice and plant them before construction begins.

"I don't want the neighbors to think we're getting away with anything," Michael Bauer said. "I think landscaping solves the issue."

Michael Bauer also offered to make a tree agreement that would force any new owner of the home to keep the trees. The Bauers, however, say they plan to remain in the neighborhood for many years.

Giacalone and neighbor Michael Williams said they appreciated Bauer's proposal, but that such dense landscaping would block all their sunlight to the west.

Hamilton, however, sided with the planning staff's recommendation to approve the permit. She also said a tree agreement would not be required.

"These are never easy projects," Hamilton said. "The inclusion of the landscaping and working with the neighborhoods to choose an appropriate species is recommended."

The decision is final, unless the neighbors appeal to the San Jose Planning Commission.