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The Honolulu Advertiser
Posted on: Tuesday, October 4, 2005

Makiki Heights residents fight senior home center

By James Gonser
Advertiser Urban Honolulu Writer

MEETING THURSDAY

The city Zoning Board of Appeals will discuss the residents’ appeal against the Makiki Heights adult care facility at 12:30 p.m. Thursday in the Human Resources conference room, City Hall Annex, 550 S. King St.

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A group of Makiki Heights residents are trying to reverse a city decision to allow a 16-bed elderly-care facility to open in their residential neighborhood and have filed an appeal scheduled to be heard Thursday.

Residents Albert and Pamela Pleus, James and Priscilla Growney, Sigrid Grover, Kathryn Howard, and Michael E. and Patricia J. O'Neill filed an appeal of the city Department of Planning and Permitting director's decision to grant a Conditional Use Permit to Thru Inc., a company owned by Vittorio and Dialta Di Montereale according to state records.

City planning director Henry Eng approved the permit in May, but the owners have postponed plans to remodel the home on the 1.5 acres property at 2615 Tantalus Drive until the Zoning Board of Appeals rules in the case.

For a Conditional Use Permit to be issued it must meet four criteria: it must be a permitted use under area zoning; it must be suitable for the location; it must not alter the character of the community; and it must provide a service or facility to contribute to the general welfare of the neighborhood.

J. Stephen Street, attorney for the residents, says the project fails in all areas and they are appealing the director's decision to issue the permit.

"The concern is there will be more traffic on narrow roads," Street said. "It adds to the danger and changes the character of the neighborhood."

According to the residents' appeal, the director failed to consider and analyze the effects and, therefore, did not protect the residents' interests.

Don Clegg, a consultant who represents Thru Inc., said the project is appropriate and will move forward as soon as this challenge is settled.

"In a residential neighborhood people don't like to see any so-called commercial activity," Clegg said. "That is not the way the zoning code is. There are a number of commercial activities that are permitted in a residential area. If the people don't like it, go change the zoning code. It is no use attacking the project."

Resident James Growney said even calling this project an adult-care facility is incorrect because it will not be providing healthcare. If residents become ill, they will be asked to move to another facility.

Growney likened the project to a motel or a boarding house and said just calling it adult care does not justify placing it in a residential neighborhood.

Clegg said the facility will have 24-hour staffing including a kitchen crew and will be a home for elderly people who are unable to care for themselves independently, but it will not offer medical treatment.

Clegg said the home will be remodeled into about 10 separate rooms for singles and couples. He said the exterior of the home will not change much, but will include a large living room, patios and garden areas.

"It's a residence. It's their home," Clegg said. "If they require skilled nursing care, they will have to move."

Residents are also concerned about parking, noise and setting a precedent for large adult group homes in residential neighborhoods.

"Beyond us, I think the way the regulations are being interpreted so you could build these things anywhere," Growney said.

City spokesman Bill Brennan said filing an appeal does not stay the directors decision and the permit is considered approved. He said if the appeal is denied, which means the director's action is upheld, the appellants can file an administrative appeal with the Circuit Court.

If the board grants the appeal, the permit is denied and the owner would need to appeal the decision to the court or to modify the project and apply for another permit. The board could also remand the permit back to the department for further review and action, he said.

Reach James Gonser at jgonser@honoluluadvertiser.com.