The Honolulu City Council yesterday narrowly approved a move aimed at allowing drive-throughs in Haleiwa.
The drive-throughs now are banned in the North Shore town, as part of the special district regulations designed to preserve the historic character of the rural town.
Nearly 50 people testified yesterday about the issue, most of them in favor of keeping the current drive-through window at McDonalds restaurant in Haleiwa, which opened in 1997 after owner Susan Smith received a variance from the city.
Yesterdays vote was 5-3 in favor of revising Haleiwas land-use laws permitting the drive-through windows.
Voting for the measure were North Shore council member Rene Mansho, John DeSoto, John Henry Felix, Gary Okino and Andy Mirikitani. Voting against were Duke Bainum, Romy Cachola and Steve Holmes. Council chairman Jon Yoshimura was not present at the time the vote was taken.
A state Circuit Court overturned the McDonalds variance last year after the environmental group Life of the Land and several North Shore residents filed suit. The drive-through remains open awaiting an appeal to the Hawaii Supreme Court.
Some of those opposed to yesterdays action complained that it preempts action by the Supreme Court.
"We should not try to hijack the process," Bainum said.
Yesterdays action asks the city Department of Planning and Permitting to revise the land-use laws to allow drive-throughs in Haleiwa under certain conditions, so the City Council would have another opportunity to debate the measure before it could become law.
Mansho yesterday won approval to further narrow the proposal to allow two drive-throughs on opposite ends of town.
Most of those testifying work at or eat at the McDonalds and praised the owner for her community spirit and for providing a service popular with families.
Haleiwa resident Jake Ng said the drive-through fits into the community and is supported by many residents.
North Shore Neighborhood Board member Meryl Andersen spoke against the move as "opening the door for other drive-throughs to come into our area."
Henry Curtis, executive director of Life of the Land, said rewriting the law to allow McDonalds "would set a really dangerous precedent."
Councilman John DeSoto said he had to declare a conflict of interest because he takes his grandson to that McDonalds drive-through window about three times a week. He said the restaurant provides a service to the community without taking away from the other businesses.
He said trying to preserve the town as it was in the 1920s can be taken too far. He said that could be interpreted to prevent building sidewalks, banning the placement of underground utilities and outlawing chain hardware stores and auto parts dealers in the area.