County Issues Stop Work Order for Construction of Large Home in Nāpili, Maui

The County of Maui issued a Stop Work Order to Nāpili Beach House, LLC, developer of a large single-family residence under construction in Nāpili. The home has been the subject of an ongoing dispute over its permits and size, as well as community concerns involving the height of the structure.

Maui County’s Department of Public Works Development Services Administration issued the order this week in consultation with the Planning Department. Under the order, all work was required to cease as of 4 p.m., on Wednesday, Dec. 15. 2021.

The home is being constructed by Greg Brown at 5385 Lower Honoapiʻilani Road at the corner of Hui Drive in West Maui. He maintains that the Planning Department properly interpreted the applicable laws when it granted a Special Management Area exemption and approved Building Permits for the project. “The House is being built in accordance with the approved building permit,” Brown tells Maui Now.

According to a press release issued by the County of Maui, building and zoning inspectors examined the project site “and determined the work deviates from area zoning requirements and maximum building square footage required to qualify for a Special Management Area Permit exemption in the project location.”

Maui County Planning Director, Michele McLean, reportedly noted that an area between the first and second stories, and a roof over a covered elevator machine room, together constitute two additional stories. “Therefore, the building exceeds the Nāpili Civic Improvement District building height limitation of two stories in effect when permits were approved. In addition, the building likely exceeds the 7,500 square-foot limitation required for an SMA permit exemption for a single-family residence in the area,” according to the County’s release.

In previous communication with Brown, he said he worked directly with the Planning Department for more than two years during the SMA and building permit review process, with concessions made as well as changes to the design of the home at the request of the department. He contends that the the house is being built in accordance with approved permits and plans.

Brown said he was surprised by the issuance of the Stop Work Order, “as it seemed as if the County was receptive to his proposed concessions and there was no indication that a Stop Work Order was forthcoming.”

According to the County, the Stop Work order can be lifted after the Planning Department and DSA building inspectors approve specific actions to be taken by the owner to correct the violations. The owner may also appeal by requesting a public hearing by the Maui County Board of Variances and Appeals.

Brown said he is currently in communications with the County to have the Stop Work Orders lifted, and hopes to have that done “as soon as possible,” so that construction workers can get back to work. With the stoppage issued so close to Christmas, Brown said the impact extends to “hard working residents” who he said “now cannot work.”