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Homes along the eastern slope of Diamond Head would be restricted to 15 feet in height under legislation introduced by Councilman Duke Bainum. Diamond Head homes
may be limited
to 15 feetBy Gordon Y.K. Pang
Star-BulletinThe resolution comes after a controversy involving a parcel on Poka Street where the homeowner is building a three-story house that is 25 feet high.
The East Diamond Head Association and four of its individual homeowners filed suit last week to stop construction of the home. They say homes in the Diamond Head View subdivision aren't supposed to be higher than 15 feet.
"The Diamond Head subdivision's covenants were thought out very carefully to protect the public's views and the owner's views," said Clark Hatch, president of the association.
But the property's owners note that the covenant on their particular parcel, which did include a 15-foot height restriction, expired in 1972. Dawn Kishi, one of the co-owners, said the covenants for a number of other homes in the subdivision also have expired.
That interpretation is backed by the city Department of Planning and Permitting, which issued a building permit for the house, and the state Department of Land and Natural Resources.
Without the covenants, the allowable building height for homes in the Diamond Head special district is 25 feet.
Bainum said he can't do anything to stop construction of Kishi's house, but wants a 15-foot limit on all parcels above Diamond Head Road from 22nd Avenue on the Kaimuki side to the Waikiki end of Poka Place.
About 50 to 60 lots, most with homes built in the late 1950s, would be affected by an amendment to the zoning ordinance.
City & County of Honolulu
