OPPOSING THE SPECIAL MANAGEMENT AREA USE PERMIT FOR THE DEVELOPMENT BY CHARLES TSU YEW WONG AT 46-107 LILIPUNA ROAD – KANEOHE

OPPOSING THE SPECIAL MANAGEMENT AREA USE PERMIT FOR THE DEVELOPMENT BY CHARLES TSU YEW WONG AT 46-107 LILIPUNA ROAD – KANEOHE, TAX MAP KEY 4-6-001:007.

WHEREAS, the Revised Ordinances of Honolulu, Chapter 25, Section 25-3.2 (a) (4) Special Management Area review guidelines States: Alterations to existing land forms and vegetation, except crops, and construction of structures shall cause minimum adverse effect to water resources and scenic and recreational amenities and minimum danger of flood, landslides, erosion, siltation or failure in the event of earthquake.

WHEREAS, the original dwelling at that location was a small beach cottage, and now there are two structures that are three stories high and one that is two stories high, totaling 7,611 SF with 10 parking stalls, a pool, a basement and a deck extension for the pool all built on adobe clay soil near the shoreline for a single resident; and

WHEREAS, this new development was built in large part either without permits or without following approved plans that were permitted, or at best with permits obtained after construction; and

WHEREAS, without a permit, Mr. Wong removed a mangrove 50’ wide and 150’ long “to make way for the basement”. After the fact, he says that he received permission to remove the mangrove from DLNR under an “Emergency Clean Up Order”. But, there was no emergency; and

WHEREAS, there is an unresolved Notice of Violation dated Nov. 18, 2014 for not following the permitted plans and requiring the verification survey of the location of new rock masonry walls, heights & setbacks for front, side yard spacing along with 55 feet shoreline set back. The survey is also to show grade changes, along with new envelope heights for the dwelling structure. And States that If a building permit cannot be obtained, the walls and the alterations must be removed and restored to its approved State and orders Mr. Wong to take immediate measures to stabilize the site and protect abutting properties; and

WHEREAS, this development is in a Special Management Area and these set back requirements need to be adhered to in order to protect the shorelines; and

WHEREAS, the change in grade made to Mr. Wong’s property, keeps storm water runoff from reaching the bay via his property. This increases the run-off load onto his neighbors’ properties; and

WHEREAS, Mr. Wong dug down 13 feet on his property and built a basement and an endless pool and a pool deck without permits; and

WHEREAS, there is an unresolved Notice of Violation dated May 12, 2014 for the added basement, the new deck and for alterations to the structure at the front of the property that were not being done in accordance with the approved plan; and

WHEREAS civil fines for these unresolved violations are currently in excess of $400,00 is evidence of Mr. Wong’s inability or unwillingness to bring his project into compliance; and

WHEREAS permitting this type of development in this Special Management Area would set a precedent that would multiply these adverse effects to water resources and increase the danger of flood, landslides, erosion, siltation or possibly failure in the event of earthquake.

BE IT RESOLVED by the Kaneohe Neighborhood Board that the Special Management Area Use Permit be denied.

BE IT FURTHER RESOLVED that the Director of Planning and Permitting enforce the orders as Stated on the May 12, 2014 Notice of Violation and proceed as Stated, to have the required work done by the City and the cost thereof charged to the owner.
BE IT FURTHER RESOLVED that the Director of Planning and Permitting enforce the orders as Stated on the November 18, 2014 Notice of Violation and proceed as Stated, to refer the matter to the Prosecuting Attorney and/or Corporation Council for appropriate action.

BE IT FINALLY RESOLVED that this resolution and the copies of the Notices of Violation attached hereto, be delivered on or before October 22, 2018 as testimony at the Public Hearing on October 23, 2018 regarding 2018/SMA-45(AB) application for a Special Management Area Use Permit by Charles Tsu Yew Wong property at Tax Map Key 4-6-001:007 to the Department of Planning and Permitting to the attention of Alex Beatty, Staff Member and Kathy Sokugawa, Acting Director and Timothy Hiu, Deputy Director and Eugene Takahashi, Deputy Director as well as to all members of the Council of the City and County of Honolulu.