Posted on: Friday, February 28, 2003

Zoning board dismisses Wal-Mart foes' appeals

By James Gonser
Urban Honolulu Writer

A citizens group trying to block the construction of a Wal-Mart store on Ke'eaumoku Street lost a round before the city Zoning Board of Appeals but will continue its opposition in the courts and through other city departments.

The zoning board yesterday dismissed two complaints by Citizens Against Reckless Development, and two motions before the board were withdrawn for technical reasons.

The board ruled that the citizens group had missed the 30-day deadline to appeal a conditional-use permit that was issued to Wal-Mart in August so it could begin preparing its "superblock" project.

K. Bartlett Durand Jr., attorney for the citizens group, argued that the residents had clearly made it known at neighborhood board meetings that as a concerned party they wanted to be notified of any permitting applications but were not told when the conditional-use permit had been issued.

City deputy corporation counsel David Tanoue told the zoning board that simply signing in at a neighborhood board meeting is not considered a request for notification by the city Department of Planning and Permitting.

"CARD's attorneys did not pay attention to the facts and did not file their appeal on time," Tanoue said.

In denying the complaints, the board did not take up their merits, ruling simply that the group had missed the deadline for an appeal.

Following a judge's advice, the citizens group this week sent a request to Eric Crispin, acting director of the city Planning Department, asking him to issue a cease-and-desist order to Wal-Mart until an environmental assessment or impact statement on the project is completed.

Wal-Mart purchased the 10.5-acre property in May for an estimated $35 million and plans to build a Sam's Club and Wal-Mart on the block bounded by Sheridan, Makaloa, Rycroft and Ke'eaumoku streets. The stores are expected to open next year.

The company has permits for grading and foundation work that has begun. But Wal-Mart still needs building permits for the proposed 317,000-square-foot structure.

Wal-Mart spokeswoman Cynthia Lin said there are many more people who support the project and look forward to the shopping and employment opportunities Wal-Mart will bring.

The citizens group will also be back before Circuit Court Judge Gary Chang on March 13 on its motion for a preliminary injunction on whether the ongoing construction work constitutes a nuisance.