NAPILI – The County of Maui has issued a warning notice to developer Greg Brown for a makai wall in a controversial house under construction at 5385 Lower Honoapiilani Road in Napili because the wall was built without any permits.
County Planning Director Michele Chouteau McLean noted in an email: âBrown submitted an ADM (Special Management Area) assessment after the fact for the wall, and we are still processing it.
âBefore we consider issuing approvals for the wall, we will conduct a compliance inspection of the rest of the property and structure. If we find any non-compliance, we will take appropriate enforcement action and will not issue any approvals for the wall until compliance is achieved. The only violation of the SMA to date is the wall, but we have not yet performed a conformance inspection of the structure. “
She reported that the county had not seen any violations of the Napili Bay Civic Improvement District (NBCID) building restrictions, which were updated last year.
âSome of the changes to the NBCID zoning will apply to the Brown property, and some will not. The height changes will not apply because the permits for the structure were issued before the change was adopted. But the modifications which prohibit a new use in seasonal hiring will apply because the use has not yet been established on the site.
Applicant Napili Beach House LLC has obtained an SMA County exemption to construct a new 7,483 square foot two story single family home with a pool, ground catchment and landscaping outside of the shoreline setback area.
Napili resident Chris Salem sent a letter last week to Pat Lindquist of the Napili Bay and Beach Foundation, McLean, county council members and other county officials disputing the size of the structure.
“While there is a long list of violations by Brown Development of both the spirit and the specific language of the SMA laws passed, we cannot look any further than the SMA exemption issued to find a clear misrepresentation that is a ground for revocation. This structure is NOT less than 7,500 square feet, which is the threshold for the âsingle family homeâ exemptions, he wrote.
âIn violation of Title 19 of the Maui County Code, the developer did not consider the square footage of the third level. In fact, they have listed on their attached plans a âgross interior area: 3,567 sq. Ft.â. This false declaration concerns the floor space of the second level â, the email continues.
Lindquist was on vacation on the mainland last week. She said the Napili Bay and Beach Foundation board will review Salem’s email and decide if he wants to respond.
“We made it clear from the outset what we consider to be errors in the SMA exemption designation and its implications” she wrote.
A major issue for neighborhood residents is the height of the new building. To preserve the views and character of the area, the former Napili Bay Civic Improvement District limited structures to two stories – typically up to 20-25 feet tall.
Brown’s attorney, Jeffrey Ueoka, explained the building height controversy in a June 25, 2021 letter to the county council.
âWe believe the height misunderstanding is based on the fact that the zoning district design standards simply limit structures to two (2) stories, with no specific height limit. The house according to the county approved building plans exceeds 35 feet, including the elevator and stairwells, but it is no more than two (2) stories tall and therefore is zoning compliant â, he wrote.
âGreg, at his own expense and at the request of the planning department, recently asked a licensed land surveyor to confirm in writing that the building’s as-built height is now less than 35 feet. However, if Greg goes ahead with the construction of the rooftop amenities, stairs and elevator shaft, as county approvals allow, the height will exceed 35 feet. Greg is prepared to redesign the house minimizing protrusions above 35 feet to the transparent type ramps, elevator shaft and minimal utility / support structures on the roof, provided he gets the assurance that the house will be approved for use as a vacation rental. as permitted by current zoning.
Acting based on feedback from the Napili Bay and Beach Foundation and area residents, the Maui County Council changed the language for the Napili Bay Civic Improvement District last year.
No new structures in the neighborhood can now exceed two stories and 30 feet in height, and no new short-term rentals are allowed in the neighborhood. All existing businesses can proceed as usual.