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MtY oI b Stephen K Yamashiro Richard Wurdeman Major Corporation Counsel J~h•oi•H~'8t Clot fv of panivall OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 967204262 • (808) 961.8251 Fax (808) 969.7049 FAMILY SUPPORT DIVISION: HIL0-688 Kinoole Street, Suite 214 • Hilo, Hawaii 96720 (808) 961-8375 • Fax (808) 935-7.428 KONA-P.O. Box 1748 • Knlakekua, Hawaii 96750 (808) 324.7117 • Fax (808) 324-1150 _ April 20, 1993 Honorable Takashi Domingo Chairman, Committee on Planning County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Domingo: Re: Amending Zoning When Property Owner Requests Additional Time To Complete Conditions A question has been raised as to whether or not property which has been re-zoned from residential agriculture, (RA) to agricultural, (AG) could be re-zoned to the earlier designation when an owner requests additional time to complete conditions of re-zoning. It is our opinion this would be an inappropriate amendment to a request to for an extension of time to complete the conditions of the re-zoning. We refer you to our earlier opinions of September 11, 1989 and May 7, 1991, regarding the subjects of additional conditions upon the time extension request which we have included for your review. In those, we have allowed the imposition of additional conditions which would further the purposes of the zoning code or the general plan. However, it should be recognized that there is a requirement of a reasonable relationship between the conditions and the public health, safety and welfare that these conditions would provide for. In re-designating the zoning of a parcel, we feel that there may be a deprivation of rights which was not anticipated nor called for by such a request.