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Mr. Klaus D. Corrventz <br /> dba Baumeister Consulting <br /> Page 5 <br /> March 12, 2003 <br /> Based on the foregoing findings, this variance request would be consistent with the general <br /> purpose of the zoning district and the intents and purposes of the Zoning Code, Subdivision Code <br /> and the County General Plan. Furthermore, the variance request will not be materially <br /> detrimental to the public's welfare and will not cause substantial adverse impact to the area's <br /> character and to adjoining properties. <br /> PLANNING DIRECTOR'S DECISION AND VARIANCE CONDITIONS <br /> <br /> This variance request is approved subject to the following conditions: <br /> 1. The applicant/owner, their assigns or successors shall be responsible for <br /> complying with all stated conditions of approval. <br /> 2. The applicant owner(s), successors or assigns shall indemnify and hold the <br /> County of Hawaii harmless from and against any loss, liability, claim, or demand <br /> for the property damage, personal injury, or death arising out of any act or <br /> omission of the applicants/owners, their successors or assigns, officers, <br /> employees, contractors, or agents under this variance or relating to or connected <br /> with the granting of this variance. <br /> 3. Portions of asingle-family dwelling located on the subject property will not meet <br /> Chapter 25, the Zoning Code's minimum yazd requirements. The approval of this <br /> variance allows the dwelling and carport improvements and encroachments <br /> identified on the variance application's site plan map dated and signed on <br /> December 2, 2002, to remain, "AS BUILT", on Lot 108 or the subject TMK <br /> property. <br /> 4. The applicant or current owner(s) shall confer with the DPW-Building Division- <br /> Kona to address any outstanding building permits or associated electrical or <br /> mechanical construction permits issued to the subject tax map key property. <br /> 5. The applicant or current owner(s) shall confer with the DPW-Engineering <br /> Division-Kona regarding the CRM wall encroachments located within the rights- <br /> of-way (Aloha Kona Drive and Nele Place). The CRM wall encroachments <br /> within these rights-of--way shall be removed by the current applicant/owner(s) or <br /> comply with the requirements or conditions stipulated by the DPW-Engineering <br /> Division-Kona. These eneroaclmrents shall be addressed prior to any further <br /> <br />