Or
actually, five separate vacation rentals, each with its very own TVR
certificate and cesspool.
Yet for all intents and purposes, Hale
Makai functions like a single resort property.
They also share trash cans, which
are lined up against a wall that blocks both the ocean view and a
state easement.
Blocked view, road and easement. |
Hale Makai special event. |
“…The existing density we note has been nonconforming or “grandfathered” over the years in that the parcel size only allows a maximum of (3) dwelling units. Therefore only 1 or possibly 2 of the units are limited only to repairs in accordance with article 23, section 8 of the Kauai County Code of Ordinances. In order to determine the number of dwelling units that are “grandfathered” on the parcel, the owner must obtain a certified shoreline survey and submit it for our review. The shoreline survey will in effect, will recognize the actual parcel size as it exists today.”
“Please
note that a 400 square foot parcel (TMK: 5-8-8:36) and a 6 foot wide
easement in favor thereof is situated within the subject property.
Any new development proposed by the owner of parcel #34 should not
include the use of the State Property.”
Meanwhile,
the cottages were expanded and upgraded, anyway, and the shed was converted
into a full house — work that was done without building permits. By
1994, the cottages were back on the market, advertised as a business
and “deluxe vacation rental properties.” The asking price was
$1.75 million, but no buyers were forthcoming.
In
April 2002, Coldwell Banker Realtor Michael Schmidt sent a letter to
then deputy planning director Sheila Miyake asking about building
heights, setbacks, flood zone and zoning for the property. Miyake replied, emphasis
added:
The
lot is 39,000 sq. feet in size… and outright qualifies for (2)
houses and a guest house.
In
May 2002, Takako Ferry of Coldwell Banker sold the property for $2.35
million to Klaus Burmeister, a California attorney. By then it was a
residential listing, the square-footage of the original structures
had increased and the fourth house was openly advertised, though it
had no building permit:
“4
classic beach cottages on expansive property offers one of a kind
experience and oceanfront setting. 1 BR cottages are permitted and
detached for privacy. A true Hawaii rarity! Bedrooms: 5 Baths: 4
[Full] Living Area : 2,894 Ext Area: 562.”
In
June 22, 2004, Burmeister expanded his holdings by buying the
adjacent property (parcel 39) for $1.325 million. It included
the 816-square-foot fishing hale built in 1968 by the late Eduardo
Malapit, former Kauai mayor.
On
June 24, 2004, planning inspector Bambi Emayo visited parcel 34 and
issued a zoning compliance notice for unpermitted structures,
additions and alterations, as well as non-conforming structures and
uses. Burmeister was directed to cease and desist use of the
non-conforming structures as single-family dwellings, provide
construction plans to the planning department, and provide a
certified survey locating all structures and distances from property
lines.
Undaunted,
the very next month Burmeister erected a wall around his properties
without a permit. The wall also blocked the state easement Shigemoto
had referenced in his 1989 correspondence, as well as the
neighborhood's view of the beach. The easement was traditionally used
to access the shoreline and channel, and was wide enough for
fishermen to launch small boats. It was listed in both the county's
1984 beach guide and the state's 1993 Na Ala Hele Beach Access
Inventory.
The easement before the wall. |
In
response to neighborhood complaints, the planning department
conducted a zoning and special management area (SMA) inspection and
noted violations of SMA and shoreline setback rules, including
filling and planting within the setback and building the wall without
a permit.
Gary
Hooser, then a state Senator, sent an Aug. 6, 2004, letter to the
Peter Young, director of the state Department of Land and Natural
Resources (DLNR), advising that the wall appeared to violate Act 169,
a recently passed bill that made it a misdemeanor offense to obstruct
public access to the sea and the shoreline, with possible fines of
$1,000 to $2,000.
In
August 24, 2004, the Office of Conservation and Coastal Lands sent
DLNR a letter advising that vegetation and compost had been placed on
the beach, makai of the shoreline and apparently within the state
conservation district, without any county SMA permits. Burmeister was
ordered to “Immediately stop all landscaping activities within the
shoreline area.” (See Abuse
Chronicles 14-A
for more on Burmeister's unauthorized coastal landscaping.)
In
September 2004, the county issued Burmeister a zoning compliance
notice for erecting the fence and installing fill and landscaping
without an SMA permit. He was directed to stop landscaping and
“submit a zoning permit and SMA assessment application along with
appropriate plans indicating all areas landscaping activity (parcel
34), all existing structures (parcel 34 and 39). Any development
without proper permits/ approval shall be demolished and removed from
the subject property.”
In
March 2005, Walton Hong applied for an SMA minor permit, on
Burmeister's behalf, to bring the fence into compliance. This was
followed by a letter from Burmeister to Planning Director Ian Costa
seeking a zoning permit for the five existing structures (the four
cottages and wall).
Costa
responded with a Dec. 1, 2006, letter reminding Burmeister of all the
outstanding violations and requiring a shoreline certification for
the property. The owners stalled and stonewalled, perhaps because a
certification would have determined that some of the structures were
within the setback, dangerously close to an eroding shoreline — or
perhaps actually seaward of the shoreline.
The stalemate lasted until January 2008, when Costa and Deputy County Attorney James Tagupa signed an enforcement agreement with Hong — an agreement that was never signed by the mayor, as required under the County Charter.
In our next installment, we'll take a look at what was given away under that enforcement agreement, and how it paved the way for the cottages to apply for vacation rental certificates.
(TMKs 5-8-8:34 and 5-8-8:39)
(TMKs 5-8-8:34 and 5-8-8:39)
13 comments:
SICKENING!
build it then ask for forgiveness and get everything you ask for...real permitting department at work.
How about getting a group together and just demolish that ugly wall? ;)
You should include a TMK of the areas you are working on.
That was a wonderful beach, used primarily by those who lived in the neighborhood (back in the days BEFORE the proliferation of TVRs there). I miss it...and am glad that Ian Costa's dirty hands are being exposed!
According to the new Planning Director, inspections of suspected TVR violations will happen "only if requested by a citizen". Wish someone in that neighborhood would make that request.
This takes the cake for being one of the most egregious examples yet Joan. I see why you had to write about it in phases. The pictures do much to reinforce your words and I must once again say mahalo nui loa for documenting the history of tvrs on the north shore, and this one in particular. The theft of public access and beaches is the most disturbing of all. I am old enough to remember Hanalei to Haena before the invasion and this is a travesty. Shame on our county of allowing this to happen.
6:50 a.m.
Sure, I'll be happy to add the TMKs.
According to the new Planning Director, inspections of suspected TVR violations will happen "only if requested by a citizen". Wish someone in that neighborhood would make that request
they should consider this a request,
The corruption on Kauai should not be a surprise to anyone by now.
White collar crimes like this is so manini to what else try are involved in. Drugs, Rapes, Murders-(covered up murders, mislabeled deaths, murders made to look like suicides, suspicious disappearances,), drug front businesses, importing drugs, stealing county funds and materials, and do on.
This is the work of Kauai's Hone GrOwn Terrorist Organization called the GOBAG.
I'm hoping for the TMK plans so we can see streets and neighborhoods
White collar crime rarely gets prosecuted, but the regular Joe Blow on the street will get arrested and thrown in jail for possession of a joint. Theft of our natural resources deserves jail time. It's an afront to the rest of the community.
Joan, your chronicles are amazing. I think you have truly got the ball rolling on this important issue. I'm amazed by your reporting, and was wondering how you are getting all the great photo documentation? Are you working with a passionate but introverted set of long-time investigators to get the word out?
I know journalist and their sources and what not, but just curious.
Regardless, keep up the great work. Perhaps we can get some laws and regulations upheld.
“He that is good for making excuses is seldom good for anything else.” Benjamin Franklin
Mr. Dahilig, please stand up to your responsibilities in this permitting process.
April 27, 2013 at 9:20 AM
he is standing up and pointing his finger..
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