Felix has to wait for zoning board ruling
By Robbie Dingeman
Advertiser City Hall Writer
City Councilman John Henry Felix will have to wait at least another month before the city Zoning Board of Appeals weighs in on the city's decision to fine him for operating a wedding business out of his oceanfront 'Aina Haina home.
Yesterday, the city appeals board split 2-to-1 in favor of overturning the decision by the city Department of Planning and Permitting to cite Felix. But because only three of the five members of the board were present, all three had to agree on the recommendation for action to be taken.
Felix was represented at the meeting by attorneys Fritz Rohlfing and Lorrie Lee Stone. The city was represented by private attorney Ben Matsubara, who had to be hired to defend the city's position on the case because city attorneys already on the payroll would have a conflict of interest in acting against a seated councilman.
Members David Minkin and Roy Irei voted against upholding the city department's action against Felix, but vice chairman Carl Takamura supported the city position.
Prior to the vote, Irei said he was concerned that allowing such a business in a residential neighborhood "kind of scares me a bit" because it could open up neighborhoods to more businesses.
The chairman of the Zoning Board of Appeals, Rick Tsujimura, has recused himself from the issue; and staff said member Elizabeth Riegels was on a long-planned vacation and not able to attend yesterday.
Felix declined to comment on the matter until after the appeals board acts, which is now scheduled for Oct. 18.
Rolfing argued Felix's case, saying that the weddings are allowed under city land-use ordinance as a "home occupation" in a residential area, because the people who run the weddings all live in the two houses on the property. "The principal use of the home is as a residence," Rohlfing said.
Matsubara, representing the city, rejected that argument. "The commercial wedding services do not qualify as a legitimate home occupation," he said.
"This interpretation would create a regulatory nightmare and grave planning disruptions, I think if activities such as that were allowed to continue in a residential district," Matsubara said.
City officials say that the fine that has been tallied to date is $65,600 and continues to grow by $100 each day. Felix said he is paid $300 to $500 for each wedding. He said the weddings normally occur between 9 a.m. and 4:30 p.m. and the number of weddings averages to about one each day.
Some neighbors and the 'Aina Haina Community Association have urged Felix to end the wedding business, which caters to visitors from Japan. Felix said there have been only three weddings at the home since the Sept. 11 terrorist attacks on the East Coast.
Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 525-8070.
