Finally! On Thursday, Jan. 26, Honolulu’s Zoning Board of Appeals (ZBA) is set to hear argument from a hui of environmental groups and one individual–Surfrider Foundation, KAHEA, Hawaii’s 1000 Friends, Ka Iwi Coalition and Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board member Michelle Matson–all of whom are contesting a variance (or exemption) from city law awarded to Kyo-Ya Hotels & Resorts by the city’s planning director, David Tanoue. The variance sets aside the city’s shoreline setback and height-limit laws, enacted 36 years ago to protect Waikiki Beach from overbuilding, so that Kyo-Ya can construct a 26-story luxury condo/hotel tower directly on the beach, shoehorned in between the historic five-story Moana Hotel and busy Kuhio Beach Park.

But first, the board will have to take up Kyo-Ya’s 22-page motion to dismiss the hui’s petition on two grounds: first, that the petition is “substantively and procedurally inadequate,” as summarized by Barry Sullivan, attorney for Kyo-Ya, and second, that the petitioners lack standing to appeal the variance.

If all this sounds like old news, it is: Tanoue granted the variance over a year ago, and the coalition’s appeal was filed with ZBA last January.

The delay was caused by an almost comical game of musical chairs on the five-member ZBA, which found itself crippled by vacancies (board members are nominated by the mayor and approved by the city council) and conflict-of-interest issues pertaining to Kyo-Ya among sitting board members. The then-chair, David Minkin, worked for Kyo-Ya’s law firm and recused himself; board member Susan Berardy had business ties to Kyo-Ya and recused herself; and board member Herbert Chock, a construction consultant with past ties to Kyo-Ya, wasn’t sure what to do. It should be noted that Kyo-Ya has, since 1963, been a respected, community-minded owner of several major hotel properties in Waikiki, and its business web in Honolulu is as fly-catching as anybodys. Since 2004, the company has been controlled by the Wall Street hedge fund known as Cerberus.

Minkin, Berardy and Chock are now off the ZBA board, according to staffer Jeannie Sumida. The current five are the new chairman, attorney Ronald Ogomori; ILWU Oahu director David Mori; HMSA executive Antonio Saguibo; attorney Lyle Ishida; and recently nominated attorney Rebecca Copeland, whose Council confirmation is scheduled for Wednesday, Jan. 25–the day before ZBA’s scheduled hearing on the Kyo-Ya variance.

Copeland’s last-minute appointment helps to explain why a ZBA meeting scheduled for Jan. 12, at which the board was supposed to hear Kyo-Ya’s motion to dismiss, was cancelled at the last minute. The attorney for the coalition, Linda Paul, said in a phone interview that she was not informed about the cancellation and showed up at the hearing room at the appointed time, only to find a note on the door saying the meeting was cancelled because of the lack of a quorum. In other words, and for whatever reason, the city couldn’t manage to get three of the four sitting members to show up.

As far as Paul knows, only one board member (as it’s currently constituted) has recused himself from the Kyo-Ya matter: The attorney Lyle Ishida is Paul’s opposite in another case and recused himself for that reason, pending review by the city Ethics Commission.

Paul says she wouldn’t be that surprised if there’s no quorum at the Jan. 26 meeting either. If there are two separate meetings without a quorum present, she said, explaining the rules, the hui’s appeal is automatically rejected.

The mind reels.

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