Los Gatos Weekly-Times

Approval comes for Shaws' controversial hillside home

One neighbor threatens lawsuit

By Jeff Kearns

When Dan and Amber Shaw bought their property at 217 Mistletoe Lane in 1995, they decided to leave no stone unturned in their effort to get their dream home smoothly through the planning process--and with the blessing of their neighbors.

They and their architect, Mark English, met with neighbors and showed them clay models and computerized view studies of their planned house; they prepared an environmental impact report, analyzed soils and appeared before the Conceptual Design Advisory Committee and the Development Review Committee and, finally, the Planning Commission.

The Planning Commission gave its blessing. But neighbors in the Rinconada Hills townhomes, which sit on a bluff above the lot, were not happy. Three residents of the townhomes, Alan Secor, Marshall Pettit and Rinconada Hills Homeowners Association vice president Arlene Bing, appealed the Planning Commission's decision.

At its Nov. 3 meeting, the Town Council, with Councilmember Randy Attaway absent, deadlocked at 2-2, thus denying the appeal.

Some of the neighbors remain opposed to the construction of the 4,361-square-foot house, saying that it would destabilize the hill, possibly creating a slide hazard; at least one neighbor says he'll fight the house in court.

The lot is a narrow parcel sandwiched between two subdivisions. The proposed house would be reached by a narrow driveway more than 400 feet in length, running parallel to adjacent San Tomas Creek and through a wooded area to reach a steep, grassy hillside. The proposed house would not be visible from the street, and only parts of the roof would be seen from above.

Pettit, who is a licensed contractor with hillside building experience, said the land below his home could slide in the event of heavy rains or an earthquake if the house is built at its currently proposed location. There are two other places on the lot which would be better suited for hillside building, he argued, but would require the removal or relocation of old oak trees.

"We're going to have to take legal action," Pettit said. "If they do build there, and we have another earthquake during a period of heavy rain, it's highly likely that the land could slide, which would leave us liable for damage to their home."

The Shaws contracted with the Los Gatos geological engineering firm Cotton & Schrier to prepare a report on the lot in an effort to ensure that the construction would not undermine the hill.

"Based on our analysis, this project should improve hillside stability, if done per our recommendations," said David Schrier, a geotechnical engineer who worked on the report, which calls for special drainage, the removal and replacement of landslides and the bracing of creeping soils.

Pettit says the report offers no guarantee. "All we've asked for is an engineer to come and state to us that they can ensure that the hill will not slide; otherwise, the house should be moved to another location, " he said.

Tom Stearns, manager of the Rinconada Hills Homeowners Association, which represents 434 homeowners, said his organization did not take a position on the Shaws' home until this summer, when homeowners began to express their concerns about the hillside.

When told of the council's decision, Stearns said, "We'll honor the decision and work with the Shaws as best we can to ensure everyone's interests are protected regarding the hillside. Our primary interest is the stability of the hill."

"I'm excited," Shaw said when asked his feelings about the council's decision. "But I've learned never to get too excited at any point."

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