For those who have lived near the tree for a decade or more, the 131-inch circumference redwood tree at 1580 Cottle Ave. is a testament to old Willow Glen. It is the last large tree on a lot that was once a small grove. The tree, residents claim, adds height, history and privacy to the old neighborhood.

Michael Vaggione, who owns the property where the tree grows, sees it differently. Vaggione is concerned that the tree, which is leaning 7 feet off-center, is unstable and will come down on a neighboring home recently built by Jason Knickerbocker. Vaggione, 56, a Willow Glen native, witnessed a similar-sized tree collapse as a child. Back then a sycamore became uprooted and smashed a car. Vaggione believes this tree poses a similar threat.

"On occasion, a tree isn't a good neighbor," Vaggione said.

Vaggione applied for a city permit to remove the redwood in April. Vaggione's application must be reviewed at a San Jose planning director's hearing. However, hearing dates set for June 22, Aug. 24 and Aug. 31 have all been deferred because each time the city needed additional information from an arborist before it could make a decision on the tree's fate, San Jose planner David Tymn said.

Vaggione's lot has five trees, a redwood and four smaller cedars, which are all situated toward the front of the property. Although Vaggione said the city was amenable to removing all five trees, he applied only to have the redwood removed.

Originally, Vaggione hoped to remove the redwood tree to build a house in its place. In response to concerns, Vaggione moved his home to the rear of the lot but would still like the tree removed to accommodate his home's nontraditional placement.

By moving the home to the rear, Vaggione will have no backyard. As a result, he wants to create an outdoor living area toward the front of the lot, including a patio or gazebo, he said.

Arborist James Scott's report stated that the redwood and cedars could be saved if placed far from construction and the planned driveway. However, high winds and wet soil could affect the stability of the redwood tree and Scott recommended cutting its height or "removal and replacement.

Vaggione said he interprets the report to mean there is still a possibility the tree may fall on Knickerbocker's home. Neighbors interpret the report to mean the trees can be salvaged.

When word spread of Vaggione's intent, six families joined the effort to save the tree. For many of these residents, the fight to preserve the tree goes back several years.

Doris Barnes owned the large lot at 1588 Cottle Ave. until her death a decade ago. The tree-heavy lot remained largely untouched until developer Travis Hoops bought the property in 2002. Hoops hoped to build five homes on the property but neighbors organized and voiced their dissent.

Before Hoops sold the property to Jason Knickerbocker, Hoops had five deodar cedars trees spanning 78 to102 inches in circumference, a 150-inch and a 91-inch redwood, a 74-inch magnolia, and an 82-inch pine removed. Some were cut without the proper permits.

"We've seen that property stripped of so many other trees and shrubs and it has taken away from the neighborhood," Mildred Avenue resident Jim Stull said.

Knickerbocker then divided the lot into two, creating 1580 and 1588 Cottle Ave. Knickerbocker sold 1580 Cottle Ave. to Vaggione. Knickerbocker began building a 4,673 square foot, two-story home near the large redwood on Vaggione's lot.

For neighbor Spencer Horowitz, these issues should have been discussed before Knickerbocker's home was built.

"If there is a danger, the city shouldn't have let the house to be built where it's built. And if it's not a danger then why are we discussing removing the tree?" Horowitz said.

Mildred Avenue resident Helen Lambert said the issue goes much deeper than a single tree.

"Everybody likes Willow Glen because of its quaintness and the quaintness is because of the trees and the smaller houses," Lambert said. "Then people come in and they cut down all the things that cause the quaintness."

Lambert's partner, John Dodds, worries that the tree removal will set a bad precedent for the neighborhood.

"Pretty soon this whole street will be like, 'Where did Willow Glen go?' " Dodds said.

The tree removal permit for the 131-inch diameter redwood tree at 1580 Cottle Avenue will go before the San Jose planning director on Sept. 14 at 9 a.m. Planning director hearings are held at the new city hall, 200 E. Santa Clara St., rooms W118 and W119.