2026-03-03 Amended Petition on Appeal PWD

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by such nonconforming use, except as provided in this division. (emphasis added in bold and italics) ""Nonconforming use" means a use lawfully in existence on September 21, 1966 or on the date of any amendment to this chapter, but which does not conform to the regulations for the zoning district in which it is located." Zoning Code, Section 25-1-5. The Landowners' building plans are clear evidence that the proposed addition of a covered deck over a concrete lanai and a new enclosed stairway will increase the building footprint and cause the nonconforming use to occupy a greater area of land than what is existing. The legal error affects Appellant's substantial rights because adding a 240 SF lanai and a 240 SF covered deck will expand the property's capacity to hold gatherings and parties, drawing even more vehicles to Oeoe Street, with cumulative and significant adverse effects on the surrounding neighborhood and on Appellant's property rights to unrestricted emergency services, safe walkability of the neighborhood, and safe road conditions on Oeoe St.. Building Permit No. PW.B2024-005123 is void pursuant to Zoning Code, Section 25-2-2. Issuance of permits or licenses in conformance with chapter: All departments, officials, and public employees authorized to issue permits or licenses shall conform to the provisions of this chapter and no permit or license for any use, building, or other purpose shall be issued where the license or permit would be in conflict with the provisions of this chapter. Any permit or license, if issued in conflict with the provisions of this chapter, shall be void. (1996, ord 96-160, sec 2; ratified April 6, 1999.) (emphasis added in bold, italics, and underline) 2. Building Permit No. PW.B2024-005123 violates HRS §444-2.5 Owner- builder exemption. 3. The Director of Public Works issued Building Permit No. PW.B2024 005123, on April 1, 2025, based on incorrect application or interpretation of PL- SFA- 2025- 000433, in violation of HRS §205A-22(2). "Addition/Alteration to existing dwelling of a lanai" is not a listed exempt action. The Director of Public Works issued Building Permit No. PW.B2024 005123, on April 1, 2025, based on incorrect application or interpretation of Planning Commission Rules of Practice and Procedure, Rule 9-9 Authority of the 6