Drawing provided by Hugh F. Kennedy

This is an architect's rendering of a house at 471 Santa Rosa Drive, which will total about 10,000 square feet after its renovation. This is the western elevation, seen from the proposed swimming pool.

Planning commission allows home to expand despite recent code changes

By Gloria I. Wang

What should have been a simple demolition request for the Los Gatos Planning Commission turned into a moral dilemma at the most recent commission meeting.

The applicants had received approval from the planning commission to remodel their home three times between 1997 and November 2000. However, in the three months between November and February, the town's General Plan changed, and the design of the house was no longer permitted.

At the Feb. 28 meeting, planning commissioners were faced with a difficult question: keep the promises that they made in the past, or uphold the new General Plan?

After a lengthy discussion and a tie vote (due to the absence of one commissioner), the commission decided to stand by its word, with a warning that the decision is not to be a precedent for future demolitions.

Dave and Anita Shrigley, owners and residents of 471 Santa Rosa Drive, began remodeling and adding to their home in September. The existing structure is about 4,700 square feet; with the addition of a pool, extra living space and a basement, the house will be more than 10,000 square feet.

According to Dave Shrigley, the couple was forced to change their roof as a result of the town's condition that they add a sprinkler system. As workers peeled away layers of drywall, it was revealed that the 19-year-old house was poorly constructed.

In a letter dated Feb. 8, the Shrigleys said that problems with the plywood, as well as "numerous damage to the structural integrity of support members as a result of running furnace pipes, electrical, water, etc.," caused engineers and contractors to recommend removal and replacement of faulty walls.

"Had we been in this home during an earthquake, we could have died. It had that kind of structural problems in it," Mr. Shrigley said at the meeting.

The town's building division stopped work on Feb. 6, after determining that the project was becoming an unlawful demolition. The Shrigleys appeared before the planning commission to request approval to continue the demolition.

Shrigley described his "Catch-22" situation in his letter. "In an attempt to do the right thing--correct these fundamental safety problems and code violations, precipitated by the required addition of sprinklers-we have gotten technically in violation of the remodeling definition," Shrigley wrote.

Commission Chair Jim Lyon brought up the newly modified General Plan. "Given the current town ordinances, given the current hillside standards, given where we are today," he said, "we're in kind of a difficult situation here." Lyon cited the new 30-foot height limit for homes and a prohibition on three-story hillside homes, both of which the project now violates, and then asked Shrigley to consider redesigning.

"I don't feel like I should have to. I got to this point in absolutely good faith," said Shrigley. "I don't think it's fair." Shrigley expressed his frustration and stated that the house essentially will remain unchanged. Shrigley also produced 21 letters of support from surrounding neighbors.

Commissioners expressed sympathy for the applicant. "I would have done the same thing myself," said Commissioner Peggy Marcucci. "I would have been more concerned about my and my family's safety. I would have just gone for it." Marcucci also said that she was reluctant to send the message that the planning commission could change its mind.

"I'm having a real problem with denying," said Commissioner Paul Dubois. "This one has been approved already. This is a technicality." Dubois said that the fault lay in the poor construction and lack of inspection in 1982, when the house was built.

"I can certainly feel for you," Commissioner Jeanne Drexel told Shrigley. Drexel originally voted no, but said she was "vacillating," and then changed her vote. "It will never happen again as long as I'm sitting here," Drexel said.

Lyon echoed Drexel's sentiments. "I don't want this to be looked at as a license for developers or homeowners," Lyon said, "as open season on demolition." Lyon said that town staff would review the town's demolition policy to ensure that such a dilemma would not arise again.

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