Concern remains in 'Aina Haina after chapel ruling
By David Waite
Advertiser Courts Writer
Despite a judge's ruling that Honolulu Councilman John Henry Felix has been violating city land-use regulations for several years by operating a wedding chapel out of his home in 'Aina Haina, the ruling may actually encourage others to do the same, members of the community association said yesterday.
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'Aina Haina Community Association board member Meymo Rego said the organization had been trying to discourage other homeowners on the makai side of Kalaniana'ole Highway from following Felix's lead.
Honolulu Councilman John Henry Felix said he hopes to "enter negotiations shortly" with city officials.
"We were trying to keep the wedding businesses out primarily due to concerns about traffic, noise and those kinds of things," Rego said. "This is quickly becoming a little corridor full of wedding businesses in what is supposed to be a residential area."
Circuit Judge Eden Elizabeth Hifo ruled on Monday that Felix had been violating land-use regulations since 1999 when he began charging fees to allow weddings to take place at his home across the highway from the McDonald's restaurant.
The city cited Felix repeatedly for operating the business, which his lawyers and consultants argued was permissible under city regulations pertaining to home occupations.
Hifo did not take issue with whether wedding chapels are an allowed "home occupation." Instead, she said Felix has been violating city regulations because a minister and others who participate in wedding ceremonies live in the main house as well as a detached structure built specifically for weddings.
Hifo told Felix's lawyer, Lex Smith, there would be no problem if the two dwellings were attached or if everyone involved in the wedding business lived under one roof.
The councilman said yesterday that he is evaluating both options. He called the ruling "just and fair."
Felix said he decided to challenge "as a matter of principle" the view by city land-use officials that a wedding chapel was not an "accessory use" of his home and, therefore, was not a permitted home occupation.
Felix said he views the wedding chapel business at his home as essentially no different from someone who offers hula lessons for a fee or who provides barber or beautician services.
He said he hopes to "enter negotiations shortly" with city officials to see how much of an estimated $100,000 or more in fines he may have to pay.
But at least one other 'Aina Haina Community Association board member, treasurer Art Mori, was keenly disappointed at the outcome of Felix's day in court.
"The community association's feeling has always been that there was a defect in a law that would allow a wedding chapel to spring up almost anywhere on this island," Mori said. "We thought that by approaching our elected office-holder, he would help remedy that loophole, not drive a truck through it for his own benefit."
Even if Felix is hit with a stiff fine for past violations, it will amount to "peanuts" compared to the money to be made from a wedding chapel business, Mori said.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
