By Gordon Y.K. Pang
Advertiser Staff Writer

Q: I live in the Moanalua area on Pu'uku Mauka Drive. Since buying the house in 1999, I demolished its one-car garage because of termites. I want to rebuild. I have been told once you have done so, the 5-foot setback has to be increased to 10 feet unless you have part of the old garage still standing. The whole neighborhood used to have one-car garages. Many have rebuilt with two-car garages — some that are 5 feet back but some 10 feet back. What do I do?

A: If the site is in a district zoned for residential use, the homeowner may apply for a zoning adjustment permit to allow a new or reconstructed carport or garage to encroach into the required front and/or side yards, said Doug Woo of the city information office. The permit may be approved if the carport or garage cannot be set back because of the location of the existing dwelling (as built before 1986), or because of adverse topographical conditions, he said. Generally, carports or garages allowed by zoning adjustment permits must not exceed 20 x 20 feet, and must not be used for storage or other purposes, Woo said. The filing fee for the permit is $300, with a maximum processing time of 45 days.

Q: The roots of the tree in the sidewalk area fronting my home may be causing cracks in my retaining tile wall. Reports to the city have been made since April 2002. Is the city responsible if my wall tumbles?

A: The owner may file a claim with city attorneys at the Office of the Corporation Counsel, said city spokeswoman Carol Costa. The Department of Planning and Permitting also suggests the owner get quotes first to rebuild the wall and submit papers to the corporation counsel. In any event, the owner may have to fix the wall and get reimbursed by the city later.

Q: Apparently it is illegal to ride a bicycle on the sidewalks of Waikiki. I understand that in the congested portions of Waikiki this would be a safety hazard to pedestrians, but what is being done to give bicyclists a designated area to ride their bikes in Waikiki? Bike cops (along with some hotel security guards) can ride on the sidewalk whenever they want, and cops will give tickets to whomever they see doing the same. Why can they do this when the rest of us cannot?

A: Bicycles must follow the rules of the road, said Vicki Borges, executive assistant to Mayor Jeremy Harris. Private citizens cannot obtain permits to ride on sidewalks. "Only the Honolulu Police Department receives special permits to ride on the sidewalk for public safety reasons," Borges said. "They are there on official duty."

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• E-mail: buster@honoluluadvertiser.com

• Phone: 535-2454 and leave a message. Be sure to give us your name and daytime telephone number.