More information on soil and geology needed, says council

By Nathan R. Huff

The Los Gatos Town Council was thrust into a neighborhood fray on Aug. 28, when Colleen Wilcox and Christopher Farmer appealed a planning commission decision approving a new residence next door.

By a 4 to 1 vote, council members delayed a decision, saying more information was needed on the geology of the steeply sloped lot off College Avenue before they could support or overturn the commission. Preliminary reports had been mixed, stating that the building would actually help stabilize the hillside, but also acknowledging the site was in a difficult location requiring a very cautious building approach.

While several members of the council stated they did not think the lot was buildable, they conceded that--if the soil and geotechnical reports were positive--they had little choice but to approve the 1,000-square-foot residence.

"I really don't think this is good for Los Gatos," Councilman Randy Attaway said. "But we are bound by law. I will probably have to approve this project."

Neighbors Colleen Wilcox and Christopher Farmer filed the appeal, arguing the planning commission did not allow them a chance to express concerns about the geology and drainage of the hillside, privacy and the appropriateness of the site. The couple lives directly below the proposed residence, and an easement allowing access to the back lot runs over a portion of their property. A section of the Shannon Fault Line also runs across the rear of the property.

"Two of you have made some critical comments as to the nature of the site and recognized how difficult it is," Farmer told the council. "That site was approved a number of years ago--I think in different times under different circumstances."

But property owner Todd Johnson said his neighbors were not so much concerned about the appropriateness of the site, but looking for improvements to their own property. Johnson said he had already offered to pay the neighbors $5,000 for landscaping, reduced the size of the home considerably and modified the location of windows to allay privacy concerns. Now, Johnson said, Wilcox and Farmer were making demands for almost $50,000 in cash and improvements, including the complete relandscaping of their property.

"I believe their demand is completely unreasonable," Johnson said. "Mr. Farmer and Mrs. Wilcox were aware of the easement when they purchased the property."

Johnson's father also expressed disbelief and anger at what he called the "demands" made by Wilcox and Farmer, and their appeal to the council to take a "wider view of stewardship" and look at the lot as a whole.

"Stewardship does not include asking the city council to help them blackmail a property owner to get to use the property they've already bought," Desmond Johnson said.

Wilcox and Farmer said the $5,000 was never formally offered, and they also denied that their request for improvements were non-negotiable. A clearly frustrated Wilcox said the couple was solely looking for assurances that their property would remain safe, and other concerns would be addressed.

"If this discussion this evening is any indication of what this construction process might be like, my stomach is just sick," Wilcox said.

Council members expressed their disappointment at the state of the neighbors relations, before making the motion to require a more detailed geotechnical and soils report.

Only Councilman Jan Hutchins dissented, saying he felt the applicant had met all the requirements to build on the lot. "It's a buildable lot," Hutchins later said. "I have a certain amount of golden rule in me, and if I'd bought the lot I wouldn't want someone else telling me I couldn't build on it."

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