‘Illegal is illegal, isn’t it?’

LIHU‘E — Do good intentions justify un-permitted structures?

The Kaua‘i Planning Commission is undecided on that, and deferred a decision to a meeting in late September.

An European developer based on the Mainland is proposing to restore ancient terraces in an area in Kilauea rich with cultural and historical treasures.

Hendrikus Schraven bought the property knowing well that the former owner had erected three un-permitted structures there. One of the structures is encroaching on a property line, and the other is located on an easement.

On Aug. 24 Schraven asked the commission for after-the-fact building permits. He plans to move the structures and group them together to create his home and business office.

“Illegal is illegal, isn’t it?” asked Commissioner Jan Kimura, questioning why the commission should allow after-the-fact permits.

Schraven’s property is located in the Kahili ahupua‘a, in the valley leading to Kilauea Bay, commonly known as Rock Quarry Beach.

“It’s just frustrating,” said Kimura, who grew up in Kilauea and is familiar with the property.

Kimura said a landowner in Kapahi built an un-permitted shed to store landscaping equipment. But the structure was torn down after the owner got busted by authorities.

“I mean, this is three structures, you live in it, and is it acceptable?” asked Kimura.

“Shed, three structures,” said Kimura, alternately looking at his hands. “You can keep it, but this guy who built the shed to store his equipment had to take it down.”

Schraven owns Hendrikus Group, a company with “an acute sense of ecological balance,” according to its website. The company specializes in landscaping projects and organic fertilizers.

Hendrikus Group asked the commission for a class IV zoning permit and a special management area use permit to allow construction of a new, single-family residence, accessory agricultural storage and office structures, development of an irrigation well, accessory photovoltaic installation, demolition of structure and archaeological restoration of historical and cultural ‘auwai, rock walls and terraces in open-special treatment district.

Schraven’s representative, Ben Welborn, from Landmark Consulting, said the pre-fabricated-structures supplier said they were built to code. If the commission allows the zoning permit to go forward, all the relocated structures would be re-permitted according to code, Welborn said.

“At the end of the day, in a fairly short amount of time, the structures would be legal,” Welborn said.

Despite admitting it was not the “best way to build things,” Welborn said to permit them now would be the best solution, because the structures are valuable, and from an environmental standpoint it would be a waste of resources to demolish them.

“The community in general looks at the county as a pushover,” Kimura said. “I have a hard time swallowing things like that.”

Commissioner Hartwell Blake said he appreciates the fact that the owner wants to legalize the structures, but “it just doesn’t seem fair.”

Planning Director Ian Costa said if the structures are not permitted, the owner would have no recourse but to remove them.

Commissioner James Nishida said the owner is trying to do the right thing.

“The discussion, the frustration, is one of things you gotta deal with. People relocate buildings all the time,” Nishida said.

Kimura said the whole valley, “top to bottom, all the way down to Kahili,” had old Hawaiian villages on both sides of the river. There is a birthing stone somewhere in there, but Kimura said he didn’t want to disclose the location. “Just walking past it makes your hair stand up,” he said.

The Planning Department concluded that the construction of the proposed improvement can be integrated into the Special Treatment Resource Area, and is generally in conformance with the issuance of the permits sought. The department recommended the commission approve the permits.

The commission deferred action to the Sept. 28 meeting.

Go to www.kauai.gov for more information.

• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@kauaipubco.com.