SAN MARINO NEWS
By Mitch Lehman

Though they apparently didn’t agree with a proposed building renovation and plan to restore some of the privacy that was lost by neighbors due to the illegal removal of two oak trees at the Shenendoah Rd. residence of Patrick and Annabelle Wall, San Marino’s Design Review Committee last Wednesday night ratified a motion for approval – with conditions – green-lighting the Walls to proceed with an addition to their home’s main structure in addition to a new garage, swimming pool and cabana.
In return, the Walls must reduce the height of the proposed new garage from 14’ to 12’ and are required to plant two 60” box oaks to replace the now-famous trees that were illegally removed from the premises last summer. The trees must be inspected by city personnel before the are delivered to the home. Another stipulation forbids the Walls from installing landscape lighting in their back yard.
The seemingly innocent trees became a hot-button issue in San Marino when Steve Tsai, a 27-year resident and the Walls’ neighbor to the east, emerged from his home to find his privacy removed along with the old-growth oaks. In two previous presentations before the Design Review Committee, Tsai offered photographic before-and-after evidence of his new surroundings. Last Wednesday, Tsai brought satellite images that showed the apparent removal of another oak tree without the necessary permits. Tsai again argued that his privacy has been breached by the removal of the trees and other vegetation that grew between his single-story home and the Walls two-story home. Tsai also presented an elevation drawing showing a sight line directly into his home without the trees and vegetation screen.
"Without the act of their removing the oak trees they could not build their buildings," said Tsai. "If you approve this project, the Design Review Committee will be setting a bad precedent."
In the end, the committee seemed more worn down than convinced, rendering a 4-1 vote for approval with Monty Ross casting the dissenting voice.
Three of the members of the Design Review Committee admitted they would not have approved the project had it gone before them during the development stage – the result of an error by the city, according to City Attorney Steve Dorsey, who was present at the proceedings.
"Knowing that the oak trees would be moved for the garage and other future plans, no. I would not have approved it," said committee member Jack MacLeod. "If the committee feels there should be a motion to approve, I feel we should do so with several conditions."
Committee Chairman Ben Lundgren agreed.
"If it went to us before, I would not approve any of it," said Lundgren. "Now there have been trees removed and errors made."
A feeling shared by Ross.
"A lot of errors have been made," Ross said. "There will be a benefit to the applicant if we don't take a stand. I have to re-think where this is going."
When asked for comment from the panel, even alternate committee member Dr. Allan Yung appeared to disagree with the proposal.
""When you buy a home, you also buy the neighborhood," said Yung. "You have an obligation to enhance the neighborhood, not destroy it."
Committee member Lee Benuska said he would have approved the project with conditions, while committee member Daniel Jett didn't seem to know where he stood.
"I share the anger of the neighbors," Jett thundered. "I am angry at the Walls. The Tsais need to get their privacy back and we're going to do it." Jett also stated he would entertain a motion to approve the project, which he supported at roll call.
James Coupe, a San Marino resident and attorney for the Tsais, called it "a landmark case."
"In this decision you will set the precedents for the city," said Coupe. "The question is, will this project invade the privacy of the neighbors?"
Coupe told The Tribune that Tsai was waiting on the status of a proposed meeting between the two parties before deciding if he would appeal the decision to the San Marino Planning Commission.
Dorsey acknowledged that the city had "made mistakes."
"This project should have been sent to the Design Review committee," Dorsey said.
He also stated that the Tsais "have legitimate privacy issues."
In one of his strongest statements, Dorsey said the city "doesn't want to get in a situation where people benefit from illegally removing trees."
Neighbor Brad Alford admonished City Manager Rob Wishner for not returning phone calls on the matter.
"He is obviously avoiding the matter," said Alford. "From Day 1, the Walls have said they were going to do what they wanted. They have said they are remorseful, but they are only remorseful because they got caught. This has turned into a big mess and it has turned into a big mess because the Walls have deceived their neighbors."
Wall called the plan "reasonable," and stated that he had "tried every way possible to please the Design Review Committee."
Former San Marino Mayor Suzanne Crowell, who lives in the neighborhood as well, was also 'tree'd off' about the matter.
"Frustration is high in our neighborhood," said Crowell. "If they remove the pool or move the garage and make room for some new trees, that is a solution we might be able to live with."
Crowell quipped that she would be happy when the "blue construction tarps" were gone.
Those tarps may be gone a lot sooner than the potential fallout from last Wednesday's decision and any that might be generated on appeal, if Tsai or any of his neighbors decide to file within fifteen days of the decision.
The issue began last spring when the Walls visited with neighbors and proposed a plan to remodel their home. Neighbors claim the plans were changed and that two large oak trees were removed without permits, a fact that has been acknowledged by the Walls and the City of San Marino. Steven’s Tree Service was the contractor of record at the Walls residence.
The Walls received an over-the-counter approval from Director of Building & Planning David Saldaña that did not require them to take their plans before the Design Review Committee. The city later stopped construction at the Walls residence pending approval by the Design Review Committee.