Exemption letter- Steven Remaps

by | Feb 5, 2023 | Samples legal papers

Steven Remaps

7032 Kalanianaole Hwy

Honolulu, Hi 96825

Tmk: 3-9 033: 018

 

DATE

 

Department of Planning & Permitting,

650 So. King St., 

Honolulu, HI 96813. 

Fax: (808) 768-6743

Email: info@honoluludpp.org

 

RE: ADA EXEMPTION 

 

Respectfully,

 

I am writing this letter seeking my exemption from the Zoning laws and FAR Rules, which do not allow me to carry out home expansion. 

 

I reside at the aforementioned address. I have owned my home for the past eleven years. However, recently, I became legally handicapped from back injuries and have been diagnosed with Adrenal Gland Insufficiency also known as Addison’s disease. I am not confined to a wheelchair. As a result of my condition, I have been advised by my doctor to hire a second live-in care-giver. 

 

Due to my condition, I have to make modifications to my house to accommodate my ADA needs. Accordingly, I want to add more rooms in the house for full-time caretakers, and full-time house helper. I have already engaged an architect, who has already drafted a blueprint to alter my house according to my condition.  Notably, I seek to add an elevator, wheelchair ramps, and two more rooms. My house is on an 8,150 sq. ft R-5 duplex lot with a private access road and currently has a footprint of 4,050 sq. ft. and a total floor area of 5,304 sq. ft. According to my architect, we will not be adding any additional footprint but are adding 2,0?? sq. ft. of new second floor space for a total of 7,450 sq. ft. consisting of the following:

 

Lower Floor:

  1. A living room, dining room and kitchen.
  2. TV room alcove with bar sink and full bath/laundry room/pantry.
  3. Two stairways to the second floor. The street-front stairway continues to the rooftop deck.
  4. The downstairs Master Bedroom/bath and closet to be used by his sisters and other family when they visit.
  5. One live in housekeeper/cook’s bedroom/bath and closet.
  6. Entry and exterior entry.
  7. Two-car garage.
  8. Forty-foot wide private access road allows five additional parking spaces.
  9. A central courtyard and pool open to the sky.

 

Upper Floor:

  1. Duplex unit:
  1. Living room/dining room/kitchen.
  2. Bedroom/bathroom/closet.
  3. Uncovered street-front deck.
  4. Exterior/interior stairway to rooftop deck.
  5. Laundry room.

 

  1. Marina front bedrooms:
  1. Son or daughter’s bedroom/bath/closet
  2. Child’s bedroom/bath/closet
  3. Full width three-foot lanai.
  4. Interior-only stairway

 

Intent of plans:

  1. Downstairs will remain “as is” except for modifications as noted.
  1. Widen bathroom/closet access for wheelchair use.
  2. New wheelchair ramp from garage to entry.
  3. Eliminate entry to housekeeper’s room from garage.
  4. Eliminate duplex unit, re-do street-front stairway to second floor and eliminate roof-top deck and stairway.
  5. Add an elevator from lower floor to second floor and roof deck.
  6. Replace all windows and widen doors facing marina dock and retile all exterior walks.
  7. Replace all doors smaller than 2’8” in width for ease of wheelchair movement.
  8. Reduce pool to rectangular form to facilitate hydro exercise and physical therapy.
  9. Reconfigure second bedroom for live-in housekeeper.

 

Street-Front Upper Floor Duplex Unit:

  1. Convert duplex unit to additional upper floor single-family space.
  2. Livingroom/kitchen/dining will be converted to new TV room with stadium seating and handicap ramps to allow wheelchair access from adjacent higher floor level.
  3. Convert the existing street-front bedroom to become the second caregiver’s upstairs bedroom/bath/closet.
  4. Re-do street-front stairway to second floor, re-do laundry area and eliminate roof-top deck and stairway.
  5. Reduce threshold for wheelchair access from new TV room to existing street-front deck.

 

Marina-Front Upper Floor

  1. Add second floor master bedroom over downstairs master bedroom with new uncovered marina-front lanai.
  2. Add second floor caretaker’s bedroom over kitchen/utility wing.
  3. Remove roof over downstairs master bedroom and kitchen/utility wing when new upper floor is enclosed.
  4. Add new stairway above existing stairway adjacent to elevator to new rooftop deck, which will be used for growing medicinal herbs, vegetables and flowers.
  5. Relocate existing bathroom at elevator to new upstairs master bedroom/bath/closet.
  6. The son and/or daughter’s existing bedroom/bath/closet will remain and will be connected internally to the adjacent grandchild’s bedroom.

 

Notably, when I bought the house, its size was only limited by the 50% ground coverage provision of the Honolulu Land Use Ordinance (“L.U.O.”). It follows; R-5 homes were not subject to floor-area-ratio (“FAR”) and a 0.7 FAR is not adequate for my needs. My plan is for a 1.09 FAR or 7,450 sq. ft. (this is not unusual for a high-end waterfront lot in a neighborhood of multi-million dollar homes). 

 

It is worth noting that this is my dream house for many years. Besides, its location is ideal for me since it is close to my doctor’s office and pharmacy. Accordingly, your denial of my request for exemption would be injurious to me. I aver it would also deny me enjoyment of my rights under ADA. 

 

I hope to hear a positive response from you soon. 

 

Thank you for your prompt attention to this matter.

 

Sincerely,

 

________________

Steven Remaps 

 

 

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