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<br /> June 1, 2006 <br /> 13oard of Directors <br /> Page 8 <br /> constructed in violation of the Zoning Code. <br /> Malratei Drive Is In Violation Of ThP Subdivision Code <br /> men if the County were to approve an ordinance amendment that deleted <br /> the road construction conditions of Ordinance 93-45, Makalei Drive would still be <br /> non-compliant with the Subdivision Code. If Makalei Drive were made into a <br /> mauka-makai connector, it would be a collector street. This is the term Mr. Kuba <br /> of DPW uses in his correspondence to describe Makalei Drive in the event it is <br /> made into a mauka-makai connector. °Collector street' is defined in the <br /> Subdivision Code to mean: <br /> a street supplementary to the arterial street system which is a means <br /> of intercommunication between this system and smeller areas, and <br /> which may be used to some extent for through traffic and to some <br /> extent for access to abutting properties. <br /> Subdivision Code, Section 23-3(29)(0. <br /> With respect to road grades, the Subdivision Code provides: <br /> (a) A grade of a street shall be a reasonable minimum but in no <br /> case less than one-half of one percent and shall not exceed <br /> seven percent on major arterials, eight percent on secondary <br /> arterials, ~ggrcent on collector streets or twelve percent on <br /> any other street . <br /> (b) Variations from the required grades or curves may be <br /> permitted by the director of public works where advisable to <br /> meet unusual conditions and the director of public works xnay <br /> specify additional standards accordingly. <br /> Subdivision Code, Section 23-50 (emphasis added). <br /> Makalei Drive is not a major arterial, secondary arterial or collector street. <br /> It is, rather, a minor street defined in the Subdivision Code to mean "a street <br /> intended exclusively for access to abutting property." Subdivision Code, Section <br /> 23-3(29(N~. Our information is that Chris Yuen himself acluiowledged that <br /> Makalei Drive is a minor street at the May 16, 2006 Planning Committee meeting. <br /> The Subdivision Code sets forth specific procedures for obtaining a variance <br /> from its requirements. Subdivision Code, Sections 23-14 through 23-18. An <br /> applicant for a variance must show that there are special or unusual <br /> circumstances applying to the real property, that there are no other reasonable <br /> 61519'/.1.833-1 <br /> <br />