Gilroy
– A housing proposal for Miller Avenue has neighbors along the
scenic street threatening to sue the city and the developers, who
say they have bent over backwards to address concerns about the
project.
Gilroy – A housing proposal for Miller Avenue has neighbors along the scenic street threatening to sue the city and the developers, who say they have bent over backwards to address concerns about the project.
In a 4-3 vote last month, City Council approved a zoning change that combines 7861 and 7891 Miller Avenue into a single property, a preliminary step allowing for higher density development. The vote comes after planning commissioners unanimously rejected the idea as running foul of the area’s character.
Two neighbors with 300-foot-deep lots plan to demolish two existing houses and build six new homes, four of which are two-story models.
Opponents say the “in-fill” project will crowd a street noted for its larger lot sizes and setbacks (the distance homes lie from the road).
“People like the setbacks that the existing homes have,” said Robb Alonzo, who lives next door to the site where the homes would go up. “It gives the street a wider perspective. You see these large, beautiful lawns. It’s a very open and inviting vista.”
The properties slated for development lie on the western side of Miller Avenue just south of the First Street intersection, at the gateway to the neighborhood.
Neil Mussallem Sr. and his son have already received council approval to join the properties as a first step toward constructing six single-family homes. The project involves creating a new cul-de-sac off Miller Avenue.
Neighbors are demanding that all the homes, especially the two facing Miller Avenue, be reduced to a single story. Further, they want to see the entire project scaled down to four homes.
Mussallem Sr. said the family has spent the last two years altering the project to address neighbors’ concerns. The father and son, who originally considered pursuing a zoning change that would allow 18 homes at the site, have scaled back the project five times.
“We feel that we’ve done everything within our power to make (the neighbors) happy, and they’re still not happy,” Mussallem said. “Like a kid in a candy store, they always want more.”
On Monday night, council approved the joining of the properties needed to move forward with the project. Alonzo said he will continue opposing the Mussallems as their designs pass through the regulatory process, and has threatened to sue if the city gives final approval.
And he is not alone in his criticism of the project. Several dozen neighbors signed a petition late last year opposing the Mussallems. Their objections helped convince planning commissioners in October to unanimously reject the project, then proposed as eight single-family homes. The commission recommended that City Council, which retains final authority on development applications, reject the proposal with prejudice. The designation is the most drastic form of denial and would have prevented the Mussallems from submitting another proposal for at least a year.
Instead, councilmen chose to allow development to proceed if the developers eliminated two homes from the project. Mayor Al Pinheiro, who along with three council members narrowly pushed through the compromise, said that designs changes and the sheer depth of the lots eased his concerns about the number of homes. The two lots comprise 1.16 acres and each measure 300 feet in length, whereas most other lots along Miller are less than half that length.
“The two homes facing Miller were turned around so that they were facing the street and blended,” Pinheiro said. “The other thing was that because the (other) homes are at the back of the property there would not be as much of an impact on traffic and everything else.”
In addition to those measures, the Mussallems adjusted the project so that the homes lie 40 feet from the curbside, a setback on par with other homes along the street.
While the lot sizes fall within the legal limits for Miller Avenue, neighbors point out that they are a fraction of the lot sizes common to most homes on the street.
“What we’re really attempting to do here is preserve the oversize lots on Miller Avenue,” Alonzo said. “If City Council allows Mussallem to combine these lots and build on them, it’s open season on Miller Avenue.”
Alonzo and his neighbors say the project sets a dangerous precedent for the neighborhood. They are working with the local historic society to protect the area from future “in-fill” projects. Their plans involve creating an historic “overlay” district that would use design and development criteria to restrict new home construction.
The effort has support among councilmen, especially those who voted against the Mussallem proposal. The no votes included councilmen Bob Dillon, Craig Gartman and Russ Valiquette.
Councilman Gartman acknowledged the connection between smaller lot sizes and affordability, but said the city must make some exceptions.
“Yeah we need more homes and we need to do in-fill (development),” he said. “There are a lot of areas where we can increase density, but there are some areas we need to preserve.”
Member positions
Positions on Miller zoning change
Councilmember Yes No
Mayor Al Pinheiro x
Paul Correa x
Bob Dillon x
Craig Gartman x
Charles Morales x
Russ Valiquette x
Roland Velasco x
