A planned two-story,
single-family home with nine bathrooms, no side yards and insufficient parking that the city originally granted a building permit to in 2022 but now calls a gross violation of the city’s “monster homes” ordinance had its building permit revoked Tuesday.
The city’s action against the Kalihi property at 1532 Hanai Loop — located below the Kamehameha Schools Kapalama campus — came after additional scrutiny of the project’s plans found the applicant submitted incorrect information to the city.
A joint inquiry by Honolulu Council member Tyler Dos Santos-Tam and state Rep. John Mizuno led to what the DPP now calls a “re-review” of the project’s plans, which, among other things, determined the home’s floor area ratio exceeded the threshold found under the city’s “monster homes” ordinance. The floor area ratio, the city said in a written release Tuesday, “is significant in determining the applicable restrictions under the
ordinance.”
According to DPP, its inspector found the project also exceeded the permitted number of bathrooms for its zoning and also determined that interior connections, parking and setbacks were all in violation of city laws. In addition to the revocation of the building permit, DPP issued a notice of violation and a stop-work order to the owners, Junqin Chen and
Maonan Wang.
“You are hereby ordered to obtain permit(s) and/or correct violation by May 11, 2023,” the city’s April 11 notice of violation states. That notice further asserts if no action is taken within the specified time, DPP may impose civil fines or penalties, and the matter may be referred to the Prosecuting
Attorney’s Office or Corporation Counsel for “appropriate action.”
The applicants, according to the city, are entitled to appeal the revocation to the city’s Building Board of
Appeals.
This permit was reviewed and certified by a third-party reviewer, Jimmy Wu. DPP issued a building permit on March 28, 2022, for the project, the city says.
“The application was submitted in 2020,” Curtis Lum, a DPP spokesperson, told the Honolulu Star-Advertiser on Tuesday.
Lum said the city took action on this previously approved project due to the inquiry conducted by Dos Santos-Tam and Mizuno. “They sent a letter to us last week,” Lum added. “They said they thought it was a ‘monster house,’ and they asked us to look into it.”
In part, that April 3 letter states the building permit for this project — a two-story, single-family dwelling with a wet bar — was permitted to have only six bathrooms on this zoning lot.
“The approved plans appear to indicate a total of nine bathrooms. Additionally, on the plans there are two ‘makeup rooms’ consisting of a hand sink but with no fixtures, and three ‘shower rooms,’ which consist of a shower stall but no other fixtures,” the letter reads. “These ‘makeup rooms’ and ‘shower rooms’ are clearly intended to be bathrooms once a sink or toilet is installed.”
Dos Santos-Tam and Mizuno formally requested DPP to find the project in
violation of city building laws, to revoke its permit and to halt the project immediately. The pair further urged the city to “require the applicant to seek a new permit in compliance with all relevant ordinances,” the letter reads.
In addition, the joint letter asserts city laws require that for large detached dwellings, each unit in the detached dwelling or duplex must be owner-occupied and that the occupant must deliver to DPP evidence of a real property tax exemption for the subject property prior to the issuance of a temporary certificate of
occupancy.
“Currently, the property is listed as being in the ‘Residential A’ tax classification, indicating that it is not owner-occupied,” the letter reads. “Until such proof of owner-occupancy is furnished, we request that your Department not issue a temporary certificate of occupancy for this project.”
As of Tuesday afternoon, Lum said he could not disclose further details about this project or any possible outcomes against the
applicants.
“We don’t want to say too much,” he added. “If there’s an appeal, then we don’t want to say too much.”
On Tuesday, Mizuno — who represents Kamehameha Heights and the Kalihi Valley area — thanked the city for its enforcement
actions.
“Through our joint efforts, we are honored to announce that DPP has seriously listened to our residents’ concerns and has begun the process to revoke the building permit for that home,” Mizuno said in a written statement. “Today is a great day as we successfully shut down a monster home being constructed in violation of the rules and regulations
under the law.”
And Mizuno said there was more to come in terms of cracking down on other violators of the “monster homes” ordinance.
“Both Council member Dos Santos-Tam and I anticipate more reports of illegal monster homes and will continue to do our due diligence to shut them down,” Mizuno’s written statement reads.
Since last summer DPP has implemented systems to catch potential “monster homes” during the code review process; however, this particular project “may have slipped through the net,” the city says.
“Monster homes are unacceptable in our residentially zoned neighborhoods,” DPP Director Dawn Takeuchi Apuna said Tuesday in the department’s written release. “Those who think they are above the law and can exceed codified development standards will be dealt with accordingly.”
According to the city, this is the fourth revocation of a building permit for incorrect plans submitted by a developer/owner for a dwelling unit that was in violation of the “monster house” ordinance. The three previous revocations are being appealed to the Building Board of Appeals.