Question: The property owners at 2792 Pacific Heights Road have covered over the city’s asphalt pavement with grass, plants and pots in front of their lot where a bus stop turn-out area was. Is this allowed?
Answer: The city Department of Planning and Permitting has not approved the landscaping that covers an "unimproved sidewalk area," but is allowing the owners to apply for a "surface encroachment variance."
The area had not been paved, and, according to the city Department of Transportation Services, there are no data showing the area ever was a "pull-out bay" for city buses.
Property owners Donald and Lorena Garwood "are actively corresponding with the city to finalize their (the city’s) requirements so they may close their file on this long-overdue matter," Donald Garwood told us last week. Until recently, "we were under the false impression the matter was resolved," he said.
Garwood said the area fronting his property was grassed over "to allow for reasonable and safe access to our home."
Department of Planning and Permitting spokesman Curtis Lum said a "notice of violation" was issued to the Garwoods in May 2010 for "grass blocks and bricks" placed in the unimproved area without a surface encroachment variance. They were told to remove the grass and bricks or obtain the variance.
According to city records, the Garwoods applied for a variance in June 2010. About a week later the city asked them to submit a scaled plan "before the variance can be approved."
On Jan. 31 the city sent the Garwoods a letter informing them that they had yet to correct the violation and needed to submit the scaled plan.
Donald Garwood told us they thought "everything was OK" when they didn’t hear back from the city after 2010.
He said they have "retained a civil engineer to help guide us through the city process so we may satisfy all requirements for this necessary variance," and the scaled plan was submitted Friday.
No fines are associated with these types of violations, Lum said.
"Typically, if the violation isn’t corrected, the DPP will issue a work order to the Department of Facilities Maintenance, which would remove the violation and bill the owner for the work," he said.
Garwood showed us photos of what the area looked like before the landscaping, essentially a dirt- and rock-filled area that he said turned into a muddy mess each winter.
In a letter to the city in June 2010, the Garwoods said they paid for nine tons of coarse gravel between 2002, when they moved into the home, and 2007, when the improvements were made, to be laid to provide safe vehicular and pedestrian access, only to see the gravel wash out eventually.
They agreed to the city’s conditions, including not holding it liable for replacement of the improvements or for any injuries resulting from it; and that they would continue to maintain the area at their sole expense.
While the area has a couple of plantings and pots, it is mostly open to allow access to the carport.
"We are very proud, law-abiding, community-minded residents and feel very blessed for the opportunity to live in such a wonderful neighborhood like Pacific Heights," Garwood said. "We take pride in the neighborhood to enhance what otherwise has never, nor would ever, be maintained by (the city)."
MAHALO
To John and Carol of Aiea for coming to my rescue recently when my car had a flat tire. I’d been visiting an elderly friend, and when I left I realized I had a flat so pulled over. John came out of his house and offered to help. He changed my tire in the pouring rain, refusing my offer to hold an umbrella over him while he worked. Instead his wife, Carol, invited my friend and me into their home, though we chose to wait in the carport as it didn’t seem right to leave John in the downpour. Their warm aloha was a bright spot in a wet and dreary afternoon. — Scilla Purington, Kailua
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
