By Scott Wong

Los Altos Hills city staff members are to blame for a communication lapse, which has stalled construction on the Winbigler estate for over three months and could cost the homeowners millions of dollars in wasted construction and architectural fees, said the homeowners’ attorney.

Despite several city reviews of the project, Los Altos Hills staff failed to inform owners Gordon Campbell and Maria Ligeti that revised construction plans, previously approved by town staff, violated conditions placed on the project by the planning commission, according to an appeal written by Attorney Nancy Chillag.

The planning commission fined the couple $27,000 and revoked the height variance and site development approval Sept. 12 after the commission determined the house, listed in the town’s General Plan as a site of historical significance, had been demolished.

Chillag said not once were the owners notified that the revised plans, which called for the relocating and dismantling of the 1926 French Provincial-style home, violated conditions set forth in a Sept. 19, 2000, letter to the owners from Planning Director Carl Cahill.

The conditions clearly state: “The existing home shall not be moved, relocated or demolished without prior site development review and approval by the Planning Commission.”

Cahill could not be reached for comment due to the Thanksgiving holiday.

Council continued the appeal hearing until Dec. 19 at the urging of City Attorney Steve Mattas, who said that a town response to the appeal would require “extensive documentation.”

Construction on the new residence is already 60-percent complete and has run approximately $8.1 million in construction, engineering and architectural fees so far. But if the planning commission’s decision is upheld by council, the owners will have to demolish the home.

Cahill issued three orders to stop work between Aug. 15 and Aug. 19, but failed to cite what chapter of the town’s ordinances were violated, Chillag said in the appeal dated Nov. 18.

He also revoked the site development permit without finding that the project failed to meet certain criteria set forth by the town ordinance.

Council should lift the stop-work order imposed on the construction project and reinstate the 32-foot height variance on the house, which previously had been approved by the planning commission but was rescinded by Cahill, according to the 10-page appeal addressed to council.